Do You Have to Prove Residency to Obtain a Florida Divorce?

There are certain legal requirements that must be satisfied before a person may seek a divorce in Florida. One such requirement is establishing residency. Specifically, Florida law states that “[t]o 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, if you want to file for divorce in a Florida court, either you or your spouse must have legally resided in the Sunshine State for at least 6 months before the day you file that petition.

Florida Appeals Court Invalidates Divorce After Wife’s Death

Establishing residency is not a mere formality. It is necessary to establish a Florida court’s jurisdiction to hear the underlying divorce action. To that end, Florida law does require “corroborating” evidence of one party’s residency at a final divorce hearing. Now, this is not as onerous as you might think. Under the statute, corroborating evidence includes a valid Florida driver’s license, state-issued identification card, or voter’s registration card. A party can also establish residency through the testimony or affidavit of a third-party witness. But there must be some form of evidence presented to the court. The parties cannot agree to waive the statutory requirement.

Indeed, the Florida Third District Court of Appeal recently reversed a divorce judgment because the parties failed to prove residency in the trial court. This case involved a husband and wife who sought a divorce after 55 years of marriage. The husband filed a petition for dissolution of marriage in Florida, alleging that both he and his wife had been Florida residents for the preceding six months. The wife admitted residency in her response.

After a delay of about a year, the wife asked for an emergency hearing and an immediate judgment of divorce. Due to her poor health and advanced age, she wanted to ensure she obtained a divorce before she passed away. The trial court subsequently issued a “partial final judgment” dissolving the marriage while reserving judgment over all other issues. In its order, the court said the husband had proven his six-month residency.

But that was not the case, the Third District held. The husband appealed the partial final judgment. The next day the wife died. Her estate continued the appeal, which centered on the issue of whether residency was proven in the circuit court.

The Third District said it was not. Neither party presented any corroborating evidence of Florida residency. As such, the “trial court lacked jurisdiction to render the partial final judgment.” The wife was therefore still legally married to the husband when she died, so her estate was not entitled to an equitable distribution of any marital property, which passed to the husband upon her death.

Contact a Miami Divorce Lawyer Today

The decision to end a long-term marriage is difficult enough without having to worry about whether all procedural formalities are followed. That is why you should work with a qualified Miami divorce attorney who can advise you of your rights and responsibilities under the law. Contact Hamilton O’Neill at 305-371-3788 to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=15223031397050759008