Residency Requirements In Florida

by Ginger from Florida

I lived in St. Petersburg for 25 years, recently moved to Missouri for 7 months, moving back to St. Petersburg, Florida to relocate and start my life over and need to file for divorce.

I understand residency is 6 months to file, since I have lived here before do I have to start over in my residency in Florida to file.

I do have former address that shows I have lived in Florida before.

Answer to Florida Divorce Question

Dear Ginger,

If you can show that your move to Missouri was temporary you are likely in good standing to claim Florida residency.

A Florida State ID card, voter's registration, or Florida driver's license issued at least six months prior to filing your petition should be sufficient to establish your Florida residency.

If you do not have any of those documents, you may be able to file An Affidavit of Corroborating Witness, Form 12.902(i).

The instructions for that form state in part:

This form may be used to prove residency in a dissolution of marriage proceeding. To get a divorce in Florida, either the husband or the wife must have lived in Florida for at least 6 months before filing the petition.

Residency may be proved by a valid Florida’s

driver’s license, Florida identification card, or voter’s registration card (issue date of document must be at least 6 months before the date the case is actually filed with the clerk of the circuit court), or the testimony or affidavit of someone other than you or your spouse.

The corroborating witness can be a neighbor, former employer, or anyone that knows you, and personally knows that you are a Florida resident. It must be signed and notarized by the witness, and filed along with your petition for dissolution.

This form and other Supreme Court approved family law forms can be found on the Florida Supreme Court's website at www.flcourts.org. If you maintained a residence in Florida or filed for Homestead Exemption this may also prove your Florida residency.

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