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Residency Requirements

Section 61.021 of the Florida Statutes sets forth as follows: “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.”

Showing proof of residency is required prior to the court signing the Final Judgment of Dissolution. A valid driver’s license will suffice, as long as it was issued at least 6 months prior to the filing of the Petition for Dissolution of Marriage.

In the alternative, a witness can swear by notarized affidavit (or testify live) as to their knowledge of one or both of the parties being a resident of the State of Florida for at least 6 months prior to the filing of the Petition for Dissolution of Marriage.

When appropriate, the court will allow exceptions to a party having actually resided in the state for 6 months. Examples are when a party is in the military or is working out of the country. In these cases, the party must show the court that they would be “residing” in Florida, but for their service or work assignment.

Copyright © 2009 Steven A. Leitman*
Original posting on 904Divorce.com
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*no copyright is asserted as to any
portion of the Florida Statutes

 

 


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