How Long Do I Have to Be a Florida Resident Before I Can File for Divorce?

When you have decided that you have had it up to your ears with your spouse, a speedy divorce might sound better than any vacation imaginable. However, before you rush to the courthouse to get divorced, you need to know that you might not be able to actually file. In Florida, new residents of the state can’t file for divorce right away.

“How long do I have to be a Florida resident before I can file for divorce,” you might ask?

The answer is six months. You have to be an official resident of Florida for half a year in order for the court to allow your divorce filing.

What If My Spouse Doesn’t Live in Florida?

There are a few ways things can get complicated and quickly when it comes to meeting this six-month prerequisite. For example, what if you have been living in Florida but never took the steps to become officially recognized residents there? That is to say, what if your mailing address is still in another state, and your driver’s license says another state on it? Or, what happens if you or your spouse moved out of Florida during a separation, but the other one of you stayed?

When there are complexities with any divorce filing in Florida, it raises the need of a personal jurisdiction, also called personam jurisdiction. Basically, the matter will come down to a judge’s discretion, rather than the strict letter of Florida family laws.

For help figuring out your own Florida divorce, no matter how straightforward or complicated it may be, call (239) 319-4441 and connect with Family First Legal Group. Our divorce attorneys are here to help clients in Naples, Fort Myers, and beyond sort through family law disputes and reach an amicable solution at the end of their marriage. Please feel free to schedule a consultation to begin today.

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