How Long Do You Have to Be Separated to get a Divorce in Florida? How Long Do You Have to Live in Florida Before you Can Get a Divorce?
How long do you have to be separated to get a divorce in Florida? This is one of the most popular questions among potential clients seeking a divorce in Florida. People ask this question because the Florida Statutes are relatively silent on this specific issue/question. The issue of time is more appropriate for alimony and other financial considerations in a dissolution of marriage action. The more appropriate question, that is governed by Florida law, is how long do you have to live in Florida before you can get a divorce?
Marriages may last for a relatively short period of time (days, weeks, or months) and marriages may last for years or decades. There is no specific requirement in the Florida courts providing that the spouses must be apart/separated for weeks or months or years before petitioning for divorce. Each case is unique and has its own set of circumstances, which you may already be aware of if you are seeking marital dissolution. The more time the spouses have been married, the more marital assets they may have accrued, and the more financial considerations may be at play if alimony is an issue in the case. Let’s move on to the more pertinent question, how long do you have to live in Florida before you can get a divorce?
How Long Do You Have to Live in Florida Before You Can Get a Divorce? Divorce in Florida
The Florida Statutes are quite definite in their answer to this question, and the answer may affect your ability to file a petition immediately. Florida Statute 61.021 answers our question succinctly, “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.” Read carefully. Only ONE of the parties to the marriage must have resided in the State of Florida for 6 months prior to filing for divorce. This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state, or never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court(s) for a dissolution of marriage. For more information on subjects such as Florida divorce, Florida alimony, child support, child support health care, Florida parenting plans, and other family law topics, click on any of our links.