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Divorce Residency Requirements in Florida

In Florida, one spouse must have lived in the state for 6 months before filing, and the no-fault ground is that the marriage is irretrievably broken.

Last checked . General information, not legal advice.

Florida at a glance

State residency
6 months
County residency
No county period in the residency statute
No-fault ground
Marriage is irretrievably broken

Sources

Last checked

The rules in Florida

How long must you live in Florida before filing for divorce?

State residency in Florida: 6 months.

Is there a county residency requirement for divorce in Florida?

County residency in Florida: No county period in the residency statute.

What is the no-fault ground for divorce in Florida?

No-fault ground in Florida: Marriage is irretrievably broken.

Where do the Florida divorce residency requirements come from?

The rules above come from Fla. Stat. 61.021 and Fla. Stat. 61.052. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.