This residency requirement exists in order to ensure that the court has jurisdiction over the parties to the divorce. What Are Florida’s Residency Requirements?Īccording to Florida Statute § 61.021, only one of the parties is required to have resided in the state for at least six months prior to filing for divorce.
However, Florida does require that couples meet certain residency requirements before they can file for divorce. A divorce can be granted given that marriage is “irretrievably broken” or that one of the spouses has been mentally incapacitated for at least three years.
A spouse only has to give one of two reasons for a divorce to proceed. In a no-fault divorce state, couples can file for divorce as soon as they decide to end their marriage. In Florida, there is no separation period required before filing for divorce. Do You Have to Be Separated Before Divorce?
This period gives the couple time to determine if they want to reconcile or proceed with the divorce. There is a mandatory separation period before a divorce can be finalized in many states.