Florida Divorce Residency Requirements: 6-Month Rule (2026)

Florida Divorce Residency Requirements: The Six-Month Rule

Quick Answer: To file for divorce in Florida, at least one spouse must have lived in the state for six months before the petition is filed. This requirement comes from F.S. §61.021. You typically prove it with a Florida driver's license, Florida voter registration card, or Florida ID issued at least six months earlier, or with a corroborating witness. Only one spouse needs to meet the requirement, and it applies no matter where you were married.

Residency is the first thing a Florida court checks in any divorce. If the six-month rule is not satisfied, the court cannot grant the dissolution — so it is worth getting right before you file. This guide explains the rule, how to prove it, and how it fits into a $750 flat-fee uncontested divorce.

What Is Florida's Residency Requirement for Divorce?

Under F.S. §61.021, to obtain a dissolution of marriage, one of the parties to the marriage must reside six months in the state before filing the petition. "Reside" means living in Florida with the intent to remain — physical presence combined with the intention to make Florida your home. A vacation or short stay does not count; a genuine home does.

This is a jurisdictional requirement, which means the court's authority to grant the divorce depends on it. It is separate from Florida's no-fault ground for divorce under F.S. §61.052, where you simply state the marriage is irretrievably broken.

How Do You Prove Six-Month Residency?

Florida courts look for objective proof that a spouse lived in the state for at least six months before filing. The most common ways to prove it are:

• A valid Florida driver's license issued at least six months before the petition was filed.
• A Florida voter's registration card issued at least six months before filing.
• A Florida identification card issued at least six months before filing.
• The testimony or a sworn affidavit of a third-party corroborating witness who can confirm your Florida residency for the required period.

If your driver's license or ID is newer than six months, a corroborating witness affidavit is the usual solution. The witness is someone who knows you and can confirm you have lived in Florida for the required time.

What If Only One Spouse Lives in Florida?

Only one spouse needs to satisfy the six-month requirement. If you live in Florida and your spouse lives in another state — or another country — you can still file for divorce here as long as you meet the residency rule. Your out-of-state spouse can participate by signing an Answer and Waiver, which is common in agreed, uncontested cases and avoids the need for formal service.

What If We Married in Another State or Country?

Where you married does not matter. Florida can dissolve a marriage that was performed anywhere, as long as the residency requirement in F.S. §61.021 is met at the time of filing. You do not need to return to the state or country where you married, and you do not need that jurisdiction's permission.

Residency Versus Venue: Which County Do You File In?

Residency decides whether you can divorce in Florida at all. Venue decides which county within Florida. Generally, proper venue is the county where the couple last lived together as a married couple, or the county where the responding spouse lives. In an agreed uncontested case, spouses commonly file in the county where either of them resides. If you both live in the same county, venue is straightforward.

What Documents Prove Residency and Complete the Filing?

Beyond the residency proof itself, an uncontested Florida divorce uses standardized Florida Supreme Court Approved Family Law Forms:

The simplified dissolution under form 12.901(a) has strict eligibility rules: both spouses must agree, there can be no minor or dependent children and no pregnancy, neither spouse can seek alimony, and both must attend the final hearing together. Most couples use the standard uncontested path with form 12.901(b)(1) or (b)(2).

How to File Your Uncontested Divorce, Step by Step

What Does an Uncontested Divorce Cost?

The $750 is the attorney fee only; the court filing fee and notary are paid separately. The price is the same with or without minor children — with children, the package adds a parenting plan, a child support guidelines worksheet under F.S. §61.30, and a UCCJEA affidavit.

How Is Residency Confirmed at the Final Hearing?

Residency is not only alleged in the petition — it is confirmed at the end of the case. At the brief final hearing, the filing spouse testifies under oath that the six-month requirement was met before the petition was filed, and the court accepts the supporting proof already in the file. If a corroborating witness is being used instead of a six-month-old Florida ID, that witness typically provides a sworn affidavit or brief testimony confirming the spouse lived in Florida for the required period. Because the court will look for this confirmation, it is important that the residency proof is assembled correctly at filing rather than scrambled together at the hearing. When the documentation is in order, this part of the hearing is quick and routine.

Does Military Service or Time Spent Abroad Affect Florida Residency?

Florida law treats residency as a question of domicile — where you keep your permanent home and intend to remain — not simply where you are physically located on a given day. Members of the armed forces stationed elsewhere can remain Florida residents if Florida is their home of record and they intend to return, and a Florida driver's license, voter registration, or vehicle registration helps demonstrate that intent. The same principle applies to someone who travels or works abroad temporarily while keeping a genuine Florida home. What matters is the combination of physical presence for the six-month period and the intent to make Florida your home; a corroborating witness can help establish both when documents alone do not tell the full story.

Common Residency Mistakes That Delay a Florida Divorce

Because residency is jurisdictional, an error here can stop a case before it starts. The problems we see most often include:

• Filing before the six-month mark — even one day short can defeat the court's authority.
• Relying on a driver's license or ID issued fewer than six months ago without lining up a corroborating witness.
• Assuming both spouses must be Florida residents when only one is required.
• Confusing residency (whether you can divorce in Florida) with venue (which county you file in).
• Failing to include the required proof or witness affidavit with the filing, so the court cannot confirm residency at the hearing.

Confirming residency and gathering the right proof before you file is the simplest way to avoid a dismissed or delayed case.

How Long Does It Take Once Residency Is Established?

Once you meet the residency requirement and both spouses agree, an uncontested Florida divorce typically takes about 4-8 weeks from filing to Final Judgment. This cannot be guaranteed — the timeline depends on the court's calendar and how quickly the paperwork is completed and signed. F.S. §61.19 sets a general 20-day period after filing before a judgment may be entered, and a court may enter judgment sooner for good cause.

To go deeper, see our Florida uncontested divorce guide, our plain-language Florida divorce laws summary, or ask Victoria whether you meet the residency requirement.

This article provides general legal information about Florida divorce and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; for advice about your specific situation, consult a licensed Florida attorney. Antonio G. Jimenez, Esq. is a Florida attorney (Florida Bar #21022).