Florida requires at least one spouse to have lived in the state for 6 months immediately before filing for divorce, and you prove it with a Florida driver's license, ID card, or voter registration card issued at least 6 months earlier, or with a signed Affidavit of Corroborating Witness if you don't have one of those documents yet.
Quick Answer: Under Fla. Stat. § 61.021, at least one spouse must have resided in Florida for the 6 months immediately before the petition is filed. You prove it with a valid Florida driver's license, Florida ID card, or voter registration card issued at least 6 months before filing, or, if you lack that documentation, a signed Affidavit of Corroborating Witness (Form 12.902(i)) from someone who can testify to your residency.
The Florida 6-Month Residency Rule
Florida's residency requirement comes from Fla. Stat. § 61.021, which requires that "one of the parties to the marriage" must have resided in Florida for 6 months before the petition for dissolution of marriage is filed. It is a straightforward rule with a specific purpose: it establishes that Florida's courts have jurisdiction over your marriage, not just that you happen to live here right now.
The 6-month period runs immediately before the date you actually file with the clerk of court, not before the date you separated, not before the date you decided to divorce, and not before the date your spouse moved out.
Who Actually Has to Meet the Requirement
Only one spouse has to meet the 6-month residency requirement, not both. That spouse does not even need to be the one who files the petition. In practice, this means:
- If you have lived in Florida for 6 months but your spouse lives elsewhere, you can file in Florida.
- If your spouse has lived in Florida for 6 months but you live elsewhere, a Florida case can still be filed, though how you are involved in the case (and where you need to be served, if applicable) depends on your own situation.
- If neither spouse has lived in Florida for 6 months, Florida is not yet the right state to file in, regardless of where you were married or where any children live.
How to Prove Florida Residency
The most straightforward way to prove residency is one of the following documents, each of which must show an issue date at least 6 months before you file:
- A valid Florida driver's license
- A valid Florida identification card
- A valid Florida voter registration card
The issue date matters, not the date you first moved to Florida. If you renewed your Florida driver's license recently, some renewals reset the printed issue date even though your underlying residency is much older; if that happens, or if you do not have any of these documents at all, use the alternative proof described below instead.
Using an Affidavit of Corroborating Witness Instead
If you do not have a qualifying Florida ID or voter registration card, Florida provides an alternative: a signed Affidavit of Corroborating Witness, Form 12.902(i). This is a sworn statement from someone other than you or your spouse, generally someone who has personally known you for the relevant period, confirming under oath that you have lived in Florida for at least 6 months before you filed.
The official Form 12.902(i) must be signed in the presence of a notary public or deputy clerk, and it is filed with the clerk of the circuit court along with your petition. See the Florida Courts' Affidavit of Corroborating Witness form page for the current version.
This route also works as testimony given directly to the court instead of a written affidavit, since Florida law allows residency to be corroborated either way.
Military Members and Residency
Florida is home to a large active-duty and veteran population, and the state's residency rule accounts for that. A servicemember stationed in Florida for at least 6 months, and a civilian spouse who has lived in Florida for at least 6 months, generally satisfy the residency requirement even if Florida is not their state of legal domicile or home of record.
Proof generally works the same way as for any other filer, a qualifying Florida ID or an Affidavit of Corroborating Witness, though military orders showing your duty station and reporting date can help establish your timeline if your documentation is otherwise unclear. Deployment and duty-station timing can complicate service on a spouse who is stationed elsewhere or deployed; if that applies to your case, it is worth discussing your specific situation with a licensed Florida attorney familiar with military family law issues.
If You Recently Moved to Florida
If you or your spouse moved to Florida less than 6 months ago, you are not yet eligible to file in Florida, no matter how settled the move feels. Two practical paths exist:
- Wait until you reach the 6-month mark. Once either spouse has been a Florida resident for a full 6 months, you can file.
- File where you currently qualify instead. If you or your spouse still meets another state's residency requirement (states vary, and some require less time than Florida), filing there may be faster than waiting out Florida's period.
There is no fee, form, or exception that shortens the 6-month period itself; it runs on the calendar regardless of how the rest of your case is prepared.
What Happens if You Don't Meet the Requirement Yet
If you file before either spouse has met the 6-month requirement, the case is subject to dismissal for lack of jurisdiction once the issue is raised, which can cost you the filing fee and any progress already made on the case. If your residency is close to the 6-month mark but not quite there, it is generally worth waiting the extra weeks rather than filing early and risking dismissal.
Common Mistakes to Avoid
- Filing based on the date you moved to Florida instead of the issue date printed on your ID
- Assuming a recently renewed Florida driver's license still shows your original, older issue date
- Believing both spouses need to meet the residency requirement, when only one does
- Skipping proof of residency entirely and expecting the clerk or court to fill in the gap
- Waiting to gather an Affidavit of Corroborating Witness until the day you plan to file, rather than lining up your witness in advance
Frequently Asked Questions
How long do you have to live in Florida before you can file for divorce?
At least one spouse must have lived in Florida for at least 6 months immediately before the divorce petition is filed (Fla. Stat. § 61.021). Only one spouse needs to meet this requirement, not both, and it does not need to be the spouse who files.
What counts as proof of Florida residency for a divorce?
A valid Florida driver's license, Florida identification card, or voter registration card, each with an issue date at least 6 months before the date you file, is the most common proof. If you do not have one of those documents, or the issue date is too recent, you can instead file a signed Affidavit of Corroborating Witness (Form 12.902(i)) from someone other than you or your spouse who can testify under oath that you have lived in Florida for at least 6 months.
Does my Florida driver's license have to be 6 months old to file for divorce?
The license itself needs an issue date at least 6 months before you file, not a renewal date carried over from an earlier license, and not the date you actually moved to Florida (though in most cases those line up closely). If your license was issued more recently than that, whether because you just moved or because you recently renewed it and the new card shows a fresh issue date, use an Affidavit of Corroborating Witness instead, or wait until the 6-month mark before filing.
Can military members stationed in Florida file for divorce here?
Yes. Florida law treats military members stationed in Florida for at least 6 months, and civilian spouses of a servicemember who have lived in Florida for at least 6 months, as meeting the residency requirement, even if Florida is not their permanent home of record. Proof generally works the same way, through a qualifying Florida ID or an Affidavit of Corroborating Witness; military orders and duty station records can also help establish the timeline.
What if I moved to Florida less than 6 months ago?
You cannot yet file for divorce in Florida if neither you nor your spouse has lived in the state for the full 6 months. You can either wait until you reach the 6-month mark, or, if it fits your situation, file in whatever state you or your spouse currently meet that state's own residency requirement in instead. There is no way to shorten Florida's 6-month period, and no form or filing fee waiver changes it.
Does both spouses have to live in Florida to file here?
No. Only one spouse needs to meet Florida's 6-month residency requirement. The other spouse can live anywhere, including another state or country, though where they live can affect how and where they need to be served.
Can Virdix help me figure out if I meet Florida's residency requirement?
Virdix asks about your residency as part of preparing your Florida paperwork and helps identify which proof of residency fits your situation, a qualifying ID or an Affidavit of Corroborating Witness. Virdix is a document preparation service, not a law firm, and does not provide legal advice.
How Virdix Helps
Virdix asks about your residency as part of preparing your Florida divorce paperwork and helps identify which type of proof fits your situation, a qualifying Florida ID or an Affidavit of Corroborating Witness, before you file. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Forms, fees, and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Instructions for Florida Supreme Court Approved Family Law Form 12.902(i), § 61.021, Florida Statutes