To obtain a divorce in Florida, either the Husband or the Wife must reside in Florida for six (6) months prior to the filing of the Petition for Dissolution of Marriage. A court does not have jurisdiction to decide a divorce case unless jurisdiction is appropriately allege in the Petition for Dissolution and proved at the Final Hearing.
Proof of one of the parties’ residence in Florida can be shown by producing a Florida voter’s registration card, a Florida driver license, a valid Florida identification card issued under section 322.051, or the affidavit or testimony of a nonparty witness. The parties’ residency cannot be proven by the testimony of one of the parties. Residency cannot be assumed. The parties cannot agree that residency exists. And, the parties cannot waive proof of residency. Without proof of residency, a trial court lacks jurisdiction to enter a Final Judgment of Dissolution of Marriage.
To speak with a divorce attorney in Boca Raton , Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.