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How long do you have to live in Florida to get a divorce?

At least one spouse must have lived in Florida for 6 months before the divorce petition is filed, under section 61.021 of the Florida Statutes.

Florida law calls a divorce a dissolution of marriage. The 6 months are counted up to the day the petition is filed, and only one of the two spouses has to meet the requirement.

The court needs proof of that residence. Section 61.052 says the evidence at the divorce hearing does not have to be backed up by other evidence, except the evidence that the 6-month residence requirement is met. The law lists the ways residence may be backed up

  • a valid Florida driver license
  • a valid Florida identification card
  • a Florida voter's registration card
  • the testimony or affidavit of another person

This is a summary of what the statutes say, not legal advice. Questions about a particular case, such as where to file or how the rule applies to a family's situation, are for a Florida family law attorney.

Where to go from here.

Generated image of a couple holding hands under a flower arch on a Florida beach at sunset while an officiant reads and family and friends stand on the sand.01

How do I get a marriage license in Florida?

Apply together, in person, at any county Clerk of Court, each with a state-issued photo ID, military ID or passport, and know your Social Security numbers and, if either of you was married before, the exact date that marriage ended.

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Generated image of an older couple signing papers at their dining table while two friends stand beside them as witnesses, a pool and palm trees outside.02

Do I need a new will when I move to Florida?

Not necessarily. A will signed in another state, other than a handwritten or spoken one, is valid in Florida if it was valid where it was signed.

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Generated image of a smiling couple signing a paper at an office counter while a clerk stamps it, with a Florida flag on the counter.03

How do I make Florida my legal home?

Florida law lets anyone who lives here show it in writing with a Declaration of Domicile, a sworn statement filed with the clerk of the circuit court in the county where you live (section 222.17 of the Florida Statutes).

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