Can I Get Divorced in Florida If I Was Married in Another State?
Yes, you can get divorced in Florida even if you were married elsewhere. Learn the residency requirements and how to file.
Can I Get Divorced in Florida If I Was Married in Another State?
Quick Answer: Yes, absolutely. Florida courts can divorce couples married anywhere in the world, as long as you meet Florida's residency requirement.
The Only Requirement: Residency
To file for divorce in Florida, at least one spouse must have been a Florida resident for at least 6 months before filing. Where you got married is irrelevant.
You can prove Florida residency with:
- Florida driver's license
- Florida voter registration card
- Utility bills showing Florida address
- Affidavit from a third party
Why Where You Married Doesn't Matter
Marriage and divorce are separate legal matters:
- Marriage: Created under the laws where you got married
- Divorce: Handled by courts where you live now
Florida recognizes all legal marriages from other states and countries.
Special Situations
Married Abroad
Florida recognizes marriages performed in other countries if they were legal where performed. You can divorce in Florida with residency.
Same-Sex Marriage
Florida recognizes all legal same-sex marriages. Same process applies.
Destination Wedding
Married in Vegas? The Caribbean? Florida courts handle these divorces regularly.
What Florida Law Applies
Even though you married elsewhere, Florida law governs your divorce:
- Property division follows Florida's equitable distribution
- Alimony follows Florida statutes
- Child custody follows Florida's best interests standards
Common Concerns
Q: Do I need documents from where I was married?
A: You'll need your marriage certificate, but Florida courts don't need anything else from the original state.
Q: What if my spouse lives in another state?
A: You can still file in Florida. You'll need to properly serve your spouse in their state.
Q: Does this affect property division?
A: No. Florida divides property based on Florida law, regardless of where you married.
Ready to File?
If you've lived in Florida for 6+ months, you can divorce here regardless of where you married. Schedule a $125 Strategy Session to get started.
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About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy
Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
Can I file for divorce in Florida if I was married in another state?
Yes. Florida courts can grant divorces to couples married anywhere—another state or even another country. The only requirement is that at least one spouse has been a Florida resident for at least 6 months before filing.
Do I need my marriage certificate from another state for Florida divorce?
Yes, you'll need your marriage certificate as proof of marriage. You can usually obtain a copy from the vital records office in the state or country where you were married.
What law applies to my divorce if I was married in another state?
Florida law applies to divorces filed in Florida, regardless of where you were married. This means Florida's rules on property division, alimony, and child custody will govern your case.
Can I divorce in Florida if my spouse lives in another state?
Yes, you can file for divorce in Florida if you meet the 6-month residency requirement, even if your spouse lives elsewhere. You'll need to properly serve your spouse in their state.
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