You can file for divorce in Florida when your spouse lives out of state, as long as you have lived in Florida for at least six continuous months before filing. The marriage itself can be dissolved on that basis alone. What takes more care is whether the Florida court also has authority to divide property, award alimony, or decide custody, because each of those powers rests on a different jurisdictional rule and any one of them can be missing even when the residency rule is met.
The Six-Month Residency Rule
Florida requires one spouse to have lived in the state for six continuous months immediately before the petition is filed.1Justia Law. Florida Code 61.021 – Residence Requirements If you qualify, your spouse’s location does not matter for this threshold. If neither of you qualifies, Florida is not an option and you would need to file in a state where one of you does.
You prove residency at the final hearing with a Florida driver’s license, voter registration card, or state ID, or through the testimony or affidavit of a witness who can confirm your presence in the state. Florida is a no-fault jurisdiction, so the only ground you need to allege is that the marriage is irretrievably broken.2Online Sunshine. Florida Statutes 61.052 – Dissolution of Marriage
Whether Florida Can Reach Your Spouse’s Money
Ending the marriage and ordering your spouse to pay or hand over anything are two separate powers. For the second one, the court needs personal jurisdiction over your spouse. Without it, the judge can grant a divorce on paper but cannot order alimony, divide retirement accounts, split equity, or impose child support against the absent spouse.
Florida’s long-arm statute gives the court personal jurisdiction over a nonresident spouse in divorce-related proceedings in two main situations: the couple maintained a marital home in Florida when the case was filed, or the out-of-state spouse previously lived in Florida before filing.3Justia Law. Florida Statutes 48.193 – Acts Subjecting Person to Jurisdiction If your spouse has never lived in Florida and you never had a home here together, the court likely cannot reach them personally.
Florida’s equitable distribution statute anticipates this gap and allows a separate proceeding to divide marital assets after a divorce granted without jurisdiction over the absent spouse.4Florida Senate. Florida Statutes 61.075 – Equitable Distribution of Marital Assets and Liabilities Your realistic options when personal jurisdiction is missing are two: persuade your spouse to voluntarily participate in the Florida case, which submits them to the court, or pursue the financial issues in a court that does have authority over them. Filing in the wrong place can cost months, so this is worth sorting out before you draft the petition.
Custody Jurisdiction If You Have Children
Custody runs on its own track under the Uniform Child Custody Jurisdiction and Enforcement Act. The UCCJEA gives custody authority to the child’s “home state,” meaning the state where the child has lived with a parent for the six consecutive months before the case began.5Justia Law. Florida Code 61.514 – Initial Child Custody Jurisdiction
If your children have been with you in Florida for at least six months, Florida is their home state and the divorce court can decide custody. If they live with the other parent out of state, or they recently arrived in Florida and haven’t been here six months yet, custody jurisdiction may belong elsewhere. The Florida court can still grant the divorce but would defer custody to the proper state. Florida will also decline custody jurisdiction when a parent engaged in wrongful conduct, such as removing a child from another state to manufacture a home-state connection.6Justia Law. Florida Code 61.521 – Jurisdiction Declined by Reason of Conduct
What to File
The main document is the Petition for Dissolution of Marriage. Florida uses standardized court-approved forms, and the version depends on whether there are minor children. Form 12.901(b)(1) is for divorces involving dependent or minor children.7Florida Courts. Petition for Dissolution of Marriage With Dependent or Minor Children – Form 12.901(b)(1) A separate version exists for divorces without children. You will need both spouses’ full legal names, dates of birth, Social Security numbers, the date and place of the marriage, and your spouse’s last known mailing address.
With children, you must also file a UCCJEA Affidavit (Form 12.902(d)) listing where the children have lived for the past five years and anyone else claiming custody rights. Both spouses complete a Financial Affidavit: the short form (12.902(b)) if gross annual income is under $50,000, the long form (12.902(c)) if it is over $50,000.8Fifth Judicial Circuit of Florida. Dissolution of Marriage With Dependent or Minor Children Filing fees run around $408, with slight variation by county.
Serving Your Out-of-State Spouse
After filing, you must formally deliver the petition and summons. You cannot do this yourself. For a spouse in another state, the reliable path is personal service by a sheriff’s deputy or licensed process server in the county and state where your spouse lives. Florida law allows out-of-state service using the methods valid in the state where your spouse is located, and no court order is required to proceed this way.9Online Sunshine. Florida Statutes 48.194 – Personal Service in Another State The server files a return-of-service form with the Florida court documenting the date, time, and manner of delivery. Out-of-state server fees generally run between $50 and $200 depending on distance and attempts.
If You Cannot Locate Your Spouse
Service by publication is a last resort. Before authorizing it, the court requires a sworn statement describing a thorough search: last known employer, relatives, friends, post office, voter records, online databases.10Justia Law. Florida Code 49.041 – Sworn Statement, Natural Person as Defendant A vague search gets denied. If approved, notice runs in a newspaper, usually where your spouse was last known to live. The tradeoff is significant: because your spouse never got actual notice, a divorce finalized through publication can dissolve the marriage but generally cannot divide property or award alimony.
If Your Spouse Is on Active Military Duty
The Servicemembers Civil Relief Act adds requirements before any default judgment. You must file an affidavit stating whether your spouse is in military service, and a false affidavit on this point is a federal crime.11Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If your spouse is serving, the court must appoint an attorney for them before any default is entered. Your spouse can also request at least a 90-day pause if military duties prevent participation, supported by a letter from the servicemember and a statement from their commanding officer that leave is unavailable.12Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice Ignoring these rules can get a judgment reopened later.
After Service: Response, Default, and the Two Paths
Your spouse has 20 days from the date of actual delivery to file a written answer with the Florida court.13The Florida Bar. Family Law Rules of Procedure – Rule 12.140 If no response comes in, you can move for the clerk to enter a default. Default is not automatic; you have to ask, and the court will verify that service was proper. Once defaulted, your spouse loses the right to participate, and a final hearing can proceed on your proposed terms, though the judge still takes evidence to confirm the facts.
If your spouse answers and agrees with everything, the case is uncontested. You can submit a marital settlement agreement covering property, alimony, and any parenting plan. Many Florida courts allow the out-of-state spouse to participate remotely, so an uncontested divorce can often finish without them ever appearing in person.
If the answer disputes anything, the case is contested, which means financial disclosures from both sides, likely mediation, possible depositions, and potentially a trial. A contesting out-of-state spouse can also challenge jurisdiction itself, arguing the case belongs in their state. That is where the personal jurisdiction and UCCJEA questions above move from background to center stage, and where having a Florida family law attorney stops being optional in practical terms.