Tampa Divorce

Can I get a divorce in Florida?

Divorce depends on your residency.

Divorce laws differ from state to state. The laws of each individual state determine the necessary requirements to get a divorce in that specific state. Some people have the mistaken belief that they must get divorced in the state they were married. This is simply not true. However, in Florida, there is a residency requirement that must be met before you can get a divorce.

If you wish to file for divorce in Florida, then one of the parties must have resided in the state of Florida for at least six (6) months prior to the date of filing for divorce. So, that means if you live in another state, then your spouse must reside at least 6 months in Florida before either party can file for divorce.  The law only requires that one party live in the State, not both.

The court will not grant your divorce until one party has met the residency requirement. The easiest way to prove residency is by showing the judge your Florida drivers license. If the drivers license was issued at least six months before the date you officially filed for divorce, then the residency requirement will be met.

Sometimes, a party will get their drivers license renewed during the divorce process. If this is the case, do not fear, there are other ways to prove the residency requirement. One way is to show a voter registration card that was issued six months prior to the date of filing the petition for dissolution of marriage. Another way requires having a witness swear under oath that they have personal knowledge that you have resided in the state of Florida for at least six months.

Unfortunately, the residency requirement is not always straight forward and can become complicated. Especially for members of the military or parties who own two homes in different states.

If you are considering filing for divorce or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at contact@themckinneylawgroup.com.

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