Divorce residency is a particular situation that can often, when not proven, delay or even halt the divorce process. Here’s what to know about Florida divorce residency requirements.
What is Divorce?
Divorce dissolves a marriage or legal partnership. After a divorce, the state considers each spouse legally single. Both spouses may remarry or pursue another domestic partnership after divorcing. Spouses should distinguish divorce from legal separation. Legal separation does not dissolve the marriage or partnership but can allow for child support and visitation orders in court, similar to divorce.
What is Divorce Residency?
In a divorce, residency simply means both spouses were in a specific state for a set period of time and intended on being a permanent resident of the state. Divorce residency varies on a state-by-state basis as well as the time period a person must reside in a state to be considered a “resident.”
Residency is very important in a divorce as it determines where a spouse should file for divorce. If spouses file in a state and cannot prove their residency, the court may dismiss or reject their case. If the court dismisses or rejects a divorce case, the spouses may be forced to file in a different state that may not be advantageous to either party.
Related: 9 Steps to the Florida Divorce Process
Florida Divorce Residency Requirements
In the state of Florida, statute 61.021, one of the divorcing spouses must have been a resident in Florida for at least six months and must prove their residency to conduct a divorce in Florida.
How to Prove Residency?
To prove Florida residency, two of the following forms of identification are required:
- Valid Florida ID card
- Florida voter’s registration card
- Florida driver’s license
- Affidavit or a testimony from third party
Furthermore, a spouse must provide the following documents
- Permanent employment
- Documents for purchasing a home
- These documents can include a deed, mortgage documents, or other proof of intention to purchase a home
- Proof of Florida address
- A recent piece of mail (from the past six months since the initial petition for divorce) would fulfill this requirement
- Personal testimony
Related: Business Ownership in a Florida Divorce
What if Divorce Residency is not Obtainable?
If a party cannot prove their residency in Florida, the divorce cannot commence in Florida. However, the person may choose to conduct a divorce in the state of residence, or they may establish a residency in Florida and prepare the divorce documents in the meantime. Furthermore, only one spouse must meet the requirement. Therefore, if one party meets the requirement and the other does not, the divorce can still take place in Florida.
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If you or a loved one would like to learn more about Florida divorce residency requirements, get your free consultation with one of our divorce attorneys today!