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Florida’s Divorce-Related Residency Requirements


In Florida, it is generally much easier to get married than it is to obtain a divorce. There are, for instance, very specific rules about where a couple lives that dictate whether they can obtain a divorce. Getting married, on the other hand, has no such requirements, so non-residents only need to pick up a marriage license from the local clerk of the circuit court where they wish to get married at least three days before the ceremony. Furthermore, the parties do not need to get married in the county where they picked up the license, but can get married anywhere in the state.

Some aspects of starting a marriage are difficult. Changing a name or combining bank accounts, for instance, can be a time-consuming and frustrating process. However, divorces are generally much more difficult to obtain, as they require not only a division of assets, but also the resolution of complicated issues such as spousal support and child custody. Having the advice of an attorney can prove crucial to the swift and amicable dissolution of a marriage, so if you are considering divorce, please consider speaking with an experienced divorce lawyer who can explain your legal duties and rights.

How Long Must I Live in Florida Before I can File for Divorce? 

Where a person gets divorced is not contingent upon where they were married. This means that even if a couple were married in Texas, they are not required to return to that state to obtain a divorce. However, before a couple can file a petition for divorce in Florida, they must meet specific residency requirements. For example, in order for spouses to dissolve their marriage in Florida, at least one of them must have lived in the state for at least six months immediately preceding the filing of the petition. Those who have just moved to the state when they decide to divorce will not be permitted to file until they have resided there for six months. Furthermore, whichever party files the divorce must do so in one a county where one of the parties lives.

What if I do not Meet Florida’s Residency Requirements? 

Although couples who do not meet the state’s residency requirements cannot proceed with a divorce until the six months are up, they can still work on getting all of their documentation together. This could include birth certificates, social security cards, financial statements, appraisals, premarital or postmarital agreements, and affidavits. Once the six months have passed, each spouse will then be able to proceed quickly with the filing process. Some couples may also want to consider getting divorced in another state, as each state’s residency requirements are different. Those who are part-time residents in another state, for instance, may be able to obtain their divorce there more quickly.

Call an Experienced Divorce Attorney for a Free Evaluation of Your Case Today  

There are a number of requirements that couples must fulfill before they are even permitted to file for divorce. To learn more about these requirements and the divorce process in general, please contact compassionate and dedicated Fort Lauderdale divorce attorney Sandra Bonfiglio, P.A. at 954-945-7591 today.



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