A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Florida, to file for a divorce, also known as dissolution of marriage, at least one of the spouses must have been a resident of the state for a minimum of six months prior to filing. This residency requirement is established by Florida Statutes Section 61.021. The divorce should be filed in the circuit court of the county where the petitioner, the spouse initiating the divorce, resides. If the other spouse does not live in Florida, the petitioner can still file for divorce in the county of their own residence. When minor children are involved, additional considerations may apply, such as determining the appropriate jurisdiction for child custody and support. It is important to consult with an attorney to understand how these rules apply to specific circumstances, especially when children are involved or when the other spouse resides out of state.