Can I Get Divorced in Florida If I Got Married in Another State?

Did you move to the Port St. Lucie area after getting married to your spouse in another state? Whether your spouse still lives elsewhere or you both now live in Florida, you may be wondering if you can file for divorce in Florida even though your marriage occurred in another state. In short, as long as you meet Florida’s residence requirements, you can get divorced in Florida even if your marriage license and your ceremony occurred elsewhere. Our Port St. Lucie divorce attorneys can explain in more detail below, and we are here to assist you with your divorce case as soon as you are ready.

Florida Residence Requirements for Divorce in the State

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.” In other words, at least one of the spouses must be a Florida resident for at least 6 (six) months before a divorce petition can be filed in a Florida court.

It is important to be clear about the differences between being a resident and having residency versus owning property in Florida. If you own a vacation home or winter home in Florida, for example, but another state is where you are considered a resident (for example, where you have your driver’s license, where you have your primary residence), you may not be able to file for divorce in Florida. But if Florida is your primary residence, even if you still own property elsewhere, you can file for divorce (or your spouse can) as long as Florida has been your primary residence for at least six months.

You will need to “corroborate” the residence requirement, according to the Florida Statutes, with documentation such as your valid Florida driver’s license, Florida voter registration card, Florida identification card, or the testimony or affidavit of a third party.

Paying Attention to Additional Requirements

To be clear, it does not matter where your marriage happened to be able to get divorced in Florida if you meet the residence requirement.

Beyond the residence requirement, you should be aware that the spouse who files the petition for divorce will also have to plead that the marriage has become “irretrievably broken,” which is Florida’s pleading for a no-fault divorce (and the only option outside the mental incapacity of one of the spouses).

Contact Our Port St. Lucie Divorce Attorneys Today for Help Determining Your Residency Status and Filing Your Florida Divorce Petition 

Were you and your spouse married in another state, but now either you or your spouse reside in Florida? As long as you meet the residence requirements set forth under Florida law, you can move forward with a divorce filing in Port St. Lucie or elsewhere in the state as long as you meet the other requirements (notably, being able to plead and show that your marriage is irretrievably broken). If you have any concerns about Florida’s residence requirements for divorce or more general questions about how to move forward with your divorce filing, you should get in touch with one of the experienced Port St. Lucie divorce lawyers at Baginski Brandt & Brandt. Contact our firm today for assistance.

Source:

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