What Happens if You File for Divorce in Florida Without Meeting the Residency Requirement?

Before initiating the divorce process in Florida, it is crucial to understand the legal requirements. One of the most vital requirements for a Florida divorce is the “residency requirement.” This requirement which is codified in Florida Statutes Section 61.021 states that at least one spouse must have resided in Florida for at least six months before the filing of the divorce petition. This rule is vital as it determines if the court can actually preside over the case.

Filing a Florida divorce before one spouse has resided in the state for at least six months can cause significant delays, financial issues, and even legal problems. Below, we discuss more about what happens when you file for divorce in Florida without meeting the residency requirement.

Your Case May Be Dismissed

If you proceed to initiate the divorce process before satisfying the six-month residency requirement, the most likely result is that your case will be dismissed. A dismissal means that you cannot move forward. If your case is dismissed, you will have to wait until the residency requirement is met and then start the filing process again. Refiling your case will lead to additional fees and expenses. It can also lead to emotional strain.

So, why would your case be dismissed, you may wonder? Your case would likely be dismissed because Florida courts lack jurisdiction to hear a divorce case if the residency requirement has not been met. Jurisdiction refers to the authority of a court to hear and decide a case. Without this authority, any ruling the court makes would be invalid. The six-month residency requirement generally ensures that Florida courts have a legitimate “connection” to at least one spouse before granting a divorce.

To prevent your Florida divorce case from being dismissed, you must be ready to prove that you meet the residency requirement. Here are some of the forms of evidence you can use to prove residency;

• A Florida’s driver’s license or state ID card
• A Florida voter registration card
• Lease agreements
• An affidavit from a witness who can testify that you’ve resided in the state for at least six months

Lying Can Lead to Legal Consequences

If you do not meet the residency requirement, it can be tempting to lie that you do. For example, some people sign an affidavit claiming they have resided in the state for six months when they haven’t. Intentionally lying about meeting the residency requirement can lead to far more serious consequences than a judgment being declared void and your case being dismissed. Knowingly lying under oath can lead to a criminal charge referred to as “perjury.” Being charged with this crime can have serious consequences including fines and jail time.

What Should You Do Instead?

If you haven’t met Florida’s residency requirement, the best thing you can do is pause and prepare. Here is what to do;

• Wait until you have lived in Florida for at least six months
• Gather proof of residency
• File a “Declaration of Domicile” to establish Florida as your permanent home (Florida Statutes section 222.17)
• Consult an attorney

If you cannot pause your divorce, you can consider filing your divorce in a state where either you or your spouse qualify for residency.

Contact an Orlando Divorce Lawyer

If you are unsure whether you meet the Florida residency requirement, speak with our Orlando divorce lawyers at the Arwani Law Firm for guidance.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0222/Sections/0222.17.html