Can I File For Divorce in Florida?

Florida Statutes Section 61.021 reads as follows: "Residence requirements.--To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition."

What this means is that in order to file for divorce in Hillsborough, Pinellas, Pasco or any county in Florida, you or your spouse must have been a Florida resident for at least six months before the date of filing of the petition for dissolution of marriage. Notice that your OR your spouse must be a Florida resident, not you AND your spouse.

If you are a Florida resident, but you are away from Florida due to your service in the Armed Forces, then you can still probably qualify to file for divorce in Florida.

Typically, your Florida residency is proven to the court by providing your Florida Driver License to the Judge, assuming it has an issue date of at least six months prior to the date of filing.

Alternatively, your residency can be proven by filing a Certificate of Corroborating Witness, which is a sworn and notarized written statement signed by someone who personally knows you and who has personal knowledge of the fact that you have bee a Florida resident for at least the six month period prior to the date of filing.

After the date of filing, you may permanently relocate outside of Florida and establish residency in another state or country and this fact will not affect the court's ability to decide your divorce case.

Note: if you have minor children you should not relocate more than 50 miles away from their current residence without the written consent of the other parent or a court order.