Do I need to be a resident of Florida to file for a divorce?

Florida requires that one of the parties to the marriage must have resided in the state, for at least six months, before filing for divorce.  Both parties have an equal right to establish residency even when they are living apart from one another.  A wife’s residence does not follow that of her husband and must be determined based on the facts of each case.  Compliance with this requirement must be proved in every case.  Without such a showing, a court has no power to grant a divorce.

Residency means actual presence within the state together with an intention to make the state his or her residence.  Determining whether or not a person is a resident of the state is a question of law and fact which is found from the facts of each case.  A temporary visit, even if it lasts the required six months is not enough to establish residence.  Also, taking up residence solely for a divorce is not enough.  What is lacking is the intent to make Florida the legal residence.  However, if one has moved within the state and has the intent on remaining, a temporary absence will not prevent a court from finding that he or she is a resident of the state.  Once legal residence has been established, it will continue until a new residence is established.  Absence without the intention on remaining away will not affect a change in residence.

If one lives in Florida for part of the year and some other state for the remainder, courts look at legal residence to mean the place that the party has made the chief seat of household affairs or home interest.