If you are seeking a divorce in Florida, you must prove to the court that one of the parties has (have) lived in Florida for more than 6 months before filing the petition for dissolution of marriage. A divorce is considered to be filed when documents including the petition for dissolution of marriage have been provided to the clerk of courts and the filing fee paid. Many clients ask me how they can prove they are a Florida resident. There is a distinct difference between living in Florida for the past 6 months and becoming a resident. The court will need to see some proof that it is the party’s intent to make Florida their permanent place of residence. There are many ways to prove this intent. The most widely used are described below.
Residence can be proved by:
a valid Florida driver’s license, Florida identification card, or voter registration card
issued to one of you at least 6 months prior to filing for dissolution of marriage; or
the testimony of another person who knows that either you or your spouse has resided
in Florida for more than 6 months and is available to testify in court; or
an affidavit. To prove residence by affidavit, use an Affidavit of Corroborating Witness,
Florida Supreme Court Approved Family Law Form 12.902(i). This form must be signed
by a person who knows that either you or your spouse has lived in Florida for more than
6 months before the date that you filed the petition for dissolution of marriage. This
affidavit may be signed in the presence of the clerk of the court or in the presence of a
notary public, who must affix his or her seal at the proper place on the affidavit. I recommend this person not be a family member.