Maybe you got married in Georgia, spent a few years living in Alabama, and eventually settled down in Florida. Now, you're considering divorce, but there's one question you haven't quite figured out.
Do you have to go all the way back to the state where you got married to get divorced?
Fortunately, the answer is no. You can get divorced in Florida even if you were married in another state, meaning you won't have to take a road trip back to where it all began.
Does It Matter Where You Got Married?
Not really! When you get married in one state, your marriage doesn't suddenly stop being valid when you cross state lines.
Florida generally recognizes marriages that were legally performed in other states. So, whether you got married in Georgia, Alabama, New York, or somewhere else in the country, you typically won't have to return there to file for divorce.
What matters is whether you meet Florida's requirements for filing.
Florida's Six-Month Residency Requirement
Under Florida law, at least one spouse must have been a Florida resident for the six months immediately before filing for divorce.
You don't both have to live here, and you don't have to have gotten married here.
For example, imagine you and your spouse got married in Tennessee five years ago. Two years later, you moved to Florida, where you've lived ever since.
Even though your wedding took place in Tennessee, you would meet Florida's residency requirement because you've been living here for more than six months.
But how do you prove that you've lived in Florida long enough?
Depending on your circumstances, you may be able to establish residency through documents like a valid Florida driver's license, Florida voter registration card, or testimony or an affidavit from a third party who knows how long you've lived in the state.
The important thing is being able to show the court that the residency requirement has been met.
What if Your Spouse Still Lives in Another State?
Let's say you've lived in Florida for the past year, but your spouse still lives in Georgia.
Can you file for divorce here?
Yes. Your spouse doesn't necessarily have to live in Florida for you to file.
However, having a spouse who lives in another state can create additional considerations. For one, your spouse will still need to be properly served with divorce papers.
And even if a Florida court can grant your divorce, that doesn't necessarily mean it has the authority to make every decision involving your spouse. For example, if your spouse lacks sufficient legal connections to Florida, the court may not have the authority to order them to pay alimony or resolve certain financial matters.
If you have children, determining which state has jurisdiction over custody and timesharing matters may involve additional rules.
In other words, getting divorced in Florida and having every issue in your divorce decided by a Florida court aren't always the same thing.
What if You Just Moved to Florida?
What happens if you moved to Florida only a month or two ago?
If neither you nor your spouse meets the six-month residency requirement, you generally won't be able to file for divorce in Florida just yet. That doesn't necessarily mean your divorce plans have to come to a complete standstill.
Depending on your circumstances, you may be eligible to file in another state where the residency requirements have already been satisfied.
Otherwise, you may need to wait until you meet Florida's requirement before filing here.
Ready to File for Divorce in Florida?
Getting divorced can feel complicated enough without having to figure out which state you're supposed to file in. The good news is that getting married somewhere else doesn't mean you have to get divorced there, too.
If you are thinking about divorce in Florida, we can help you find out whether we are the right fit. Call us at 850-362-7228, or complete the form on our website and we will call you.
Written by Sophia Thephasdin. Reviewed for legal accuracy by Matthew Ausley, Attorney.