Florida Divorce Laws | Residency Requirements


To obtain a divorce under Florida law one or either of the spouses must have resided in the state of Florida for at least 6 months before filing the divorce papers. The spouse filing the divorce papers can file their papers within the Florida County they currently reside in, or they can file the papers in the last Florida County they resided in with the spouse they are divorcing.

Under Florida divorce law, there are 2 grounds for dissolution, one is the no-fault ground and the other is the general ground for divorce.

The first ground for a no-fault dissolution is that the marriage is irretrievably broken. The irretrievable brokenness of the marriage will have to be proven and agreed upon by both spouses under the given circumstances.
The second general ground for dissolution is the mental incapacity of one of the spouses. However, no dissolution shall be allowed in a Florida divorce unless the party alleged to be incapacitated is judged incapacitated according to the provisions of Florida law and for a preceding period of at least 3 years.

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