Can I File For Divorce In Florida?

At least one party to the marriage must continuously reside in Florida for 6 months before the filing of the petition for dissolution of marriage. (Note: Special rules apply in some instances involving military service members.) Typically, the date of residency is proven by providing the court with a copy of a Florida driver license, identification card, or voter registration card. Alternatively, if a petitioner has none of the aforementioned items, the date of residency can be proven by a signed and notarized Affidavit of Corroborating Witness, whereby a third-party swears to having first-hand knowledge that the petitioner has resided in Florida since a specified date.

Once residency of at least one spouse has been established, Florida has the authority to dissolve a petitioning spouse’s marriage, even when the other party is a non-resident. On the other hand, a Florida court may not exercise jurisdiction over property-related aspects of a divorce, such as the dividing of marital assets and liabilities or ordering spousal support, unless certain additional constitutional standards are satisfied.