A common worry people have before calling a divorce attorney is what happens if their spouse doesn't live in Florida anymore. This case is a clean example of why that usually isn't the obstacle people expect it to be.

The wife had remained a Florida resident; her husband had since relocated out of state. The couple had no children together, no marital home, no vehicles titled jointly, and no shared bank or retirement accounts — nothing to negotiate a division of. Both spouses mutually waived alimony, and the wife asked to have her former name restored as part of the judgment, which the court granted along with the divorce itself.

Because the wife met Florida's residency requirement, the case could be filed in Florida even though her husband no longer lived there. Both spouses reviewed and signed the settlement agreement and petition through the same remote process the firm uses for every case: each met separately with an independent, Florida-commissioned online notary over video call, from their own homes in their own states, with no need to coordinate an in-person meeting across state lines.

Once the fully executed, notarized packet was filed, the assigned judge reviewed the file and entered the Final Judgment of Dissolution of Marriage without a hearing. From the day the couple retained the firm to the day the judge signed the Final Judgment took 37 days — most of that time spent gathering the parties' agreement and signatures, not waiting on the court.

Frequently Asked Questions

Can I get divorced in Florida if my spouse lives in another state?

Often, yes. Florida only requires that the spouse filing the petition (the Petitioner) have been a Florida resident for at least six months before filing. The other spouse (the Respondent) doesn't need to live in Florida at all, as long as Florida can properly exercise jurisdiction over the case, which is routine when there's no dispute over property, time-sharing, or support.

Does an out-of-state spouse need to travel to Florida to sign divorce documents?

No. Florida's remote online notarization process lets each spouse sign and have their signature notarized separately, over a video call with a commissioned online notary, from wherever they happen to live. There's no requirement that both spouses be in the same state, or even sign on the same day.

Can a Florida court restore a spouse's former name as part of an uncontested divorce?

Yes. If a spouse wants their former (usually maiden) name restored, that request can be included in the settlement agreement and petition, and the court will typically grant it as part of the Final Judgment itself — no separate name-change proceeding is needed.

How long does an uncontested Florida divorce take when there's nothing to divide?

It varies by circuit, but a case with no property, no children, and a fully agreed settlement is usually the fastest kind to finalize. Much of the timeline comes down to how quickly both spouses complete their review and remote notarization — once a complete, agreed packet reaches the judge, many uncontested cases are reviewed and entered without a hearing.

About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · 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.

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