Can I File for Divorce in Florida if My Spouse Lives in Another State?

Are you planning to file for divorce in the Tampa area, but you have some concerns because your spouse does not live in Florida? Whether you have recently moved to Florida on your own, or you have lived in the state for a significant period of time, you can file for divorce in Florida as long as you meet the residency requirements. Our Tampa divorce lawyers can explain the residency requirements in more detail, and we are here to begin working with you on your divorce case as soon as you are ready.

One of the Spouses in a Florida Divorce Can Be a Nonresident

In order to get a divorce in Florida, only one of the spouses must be a resident of the state. Section 61.061 of the Florida Statutes specifically addresses divorce “proceedings against nonresidents.” Under this section of the Florida Statutes, “proceedings may be brought against persons residing out of the state.”

Statutory Residency Requirements for a Florida Divorce

Under Section 61.021 of the Florida Statutes, “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.” What this means is that either you or your spouse must have been a Florida resident for at least six months before a petition for the dissolution of marriage is filed. If you have not yet resided in Florida for at least six months, you will need to wait six months before filing unless your spouse has already resided in Florida for at least six months.

What Does “Residency” Mean?

If the only place you have a home is Florida, then the question of how residency is defined may not be a significant concern for you. In other words, if you reside only in Florida, the length of time that you have lived in the state will determine the length of your residency for divorce purposes. However, for Florida homeowners who spend only their winters or another part of the year in Florida, the question of residency can be more complicated.

Whether you are filing for a “gray divorce” as a “snowbird” in Florida or simply have multiple residences that include a home in Florida, how does the state define residency for purposes of being able to file a divorce petition here? In general, Florida must be your primary residence — it must be where you have your driver’s license and where you are registered to vote, for example. If you have any questions or concerns about Florida residency for divorce purposes, our firm is here to help.

Contact a Tampa Divorce Lawyer for Assistance with Your Case 

Is your spouse currently residing outside the state of Florida and you want to initiate divorce proceedings? If so, there is no problem with filing for divorce from a spouse who is a resident of another state, as we discussed above. Regardless of whether your spouse is a Florida resident or not, it is important to have an experienced Tampa divorce attorney at The Law Office of Laura A. Olson, P.A. on your side. Even in the best circumstances, divorces can be extremely complicated. You will want to have a lawyer representing you and your interests from the start. Contact our firm today to learn more about how we can help you.

Sources: 

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.061.html

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.021.html