Florida statutes are clear in that, in order to file for divorce in the state of Florida, one of the parties to the marriage must have resided in the state for at least 6 months before the filing of the Petition for Dissolution of Marriage. This petition is the document that initiates your divorce with the appropriate circuit court. Compliance with the residency requirement must be pled in the petition.
The spouse filing the petition need not reside in Florida. An out-of-state spouse can file (or petition the court) for divorce as long as their spouse has resided in Florida for at 6 months. However, failure to prove residency of 6 months will likely result in the case being dismissed. It is also important to note that the burden of proof of the residency requirement lies with the party who filed the petition.
When and where to file for divorce can be more complicated by issues involving property and children. In order to be sure your Petition for Dissolution of Marriage has been filed in the appropriate court, consult with an experienced Orlando family law divorce attorney. If you would like to schedule an initial consultation with Attorney Wade P. Luther regarding your Orlando divorce, contact Family Law of Orlando by email or by calling (407) 835-9900.