• elizeelaw

When can I file for Divorce in Florida?

Before you are able to file for divorce in Florida, you will need to demonstrate Florida residency. It is not a problem if you are not a Legal Permanent Resident or a U.S Citizen. You must have resided in Florida for at least 6 months before you can begin filing the dissolution of marriage. The other party, which is the person you are divorcing from, does not need to be either a U.S. Citizen, Lawful Permanent Resident or a Florida resident. Only one party needs to demonstrate that they resided in Florida for at least 6 months.

If the petitioner begins filing the divorce, but fails to meet the requirements of residency, the case matter will be dismissed from the Family Court. Residency is judged as of the date of filing. To corroborate your residency you will need a valid Florida driver’s license, a Florida Voter registration card, or the affidavit’s testimony sworn or notarized. Being a resident, under Florida Statute means an actual presence in Florida combined with intention of residing in Florida indefinitely. If the petitioner has multiple residences and is willing to file the divorce in Florida, Court must find that Florida is “the chief seat of the party’s household affairs or home interests.”

In case of military personnel, the status of the individual as a Florida resident does not change after entering into the military. If the individual never established a permanent residence elsewhere, they continue to be a Florida resident. Where a spouse moves with a military personnel and wants to file for Divorce in Florida, the Family Court in Florida will not exclude the spouse from filing the case, although the spouse is absent from the state. Filing family law documents can be tricking and confusing. Make sure to consult a family law attorney before filing for divorce.