The Florida Affidavit of Corroborating Witness, Form 12.902(i), is a sworn statement from a third party confirming that you have lived in Florida for at least six continuous months before filing for divorce.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness Florida law makes six months of residency a jurisdictional requirement for divorce, and the court will not take your word alone — it needs independent proof.2Florida Statutes. Florida Code 61.021 – Residence Requirements The affidavit is one way to supply that proof. It is not the only way.
Check Whether You Actually Need the Affidavit
Before you ask anyone to sign anything, look at what you already carry in your wallet. The form instructions accept any of the following as proof of Florida residency:1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness
- A valid Florida driver’s license
- A Florida identification card
- A Florida voter registration card
- Testimony or a sworn affidavit from someone other than you or your spouse
If you hold a current Florida driver’s license or state ID, you can present it to the court and skip the affidavit entirely. The witness route is for people who don’t have one of those documents — most often, recent arrivals still carrying an out-of-state license, or residents who haven’t registered to vote.
What the Form Asks For
Form 12.902(i) is a one-page standardized document available from the Florida Courts website.3Florida Courts. Affidavit of Corroborating Witness It must be typed or printed in black ink and collects four things:
- The case style — petitioner and respondent names exactly as they appear on the divorce petition
- The witness’s full legal name and current residential address
- A statement that the witness knows from personal experience that you have lived in Florida for at least six months immediately before the petition was filed
- The witness’s signature under oath, acknowledging that a false statement carries fines and imprisonment
Be specific about the time period. Vague phrasing like “a long time” is the most common reason courts send the form back or schedule a supplemental hearing. The six-month window needs to be clearly covered.
Who Can Serve as the Witness
The witness can be anyone other than you or your spouse.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness There’s no rule against family — a parent, sibling, adult child, neighbor, coworker, or employer all qualify. What matters is firsthand knowledge of your physical presence in Florida during the relevant period. A neighbor who sees you daily, a coworker, or a close relative who visits your Florida home regularly are all good choices.
The witness doesn’t need to have observed you every single day. They need to be able to honestly state, and defend if asked, that you have resided in Florida continuously for at least six months before you filed. Pick someone who can speak to that confidently.
Signing Before a Notary
The witness must sign in the presence of a notary public or a deputy clerk of the circuit court.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness Signing it at home and then taking it to a notary doesn’t work. The notary has to watch the signature happen. Banks, shipping stores, and law offices commonly provide notary services, and Florida caps the fee at $10 per notarial act.4Florida Senate. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties; Employer Liability; Name Change; Advertising; Photocopies; Penalties
The notary must verify the witness’s identity before signing. The witness should bring one current, government-issued photo ID bearing a serial or identifying number, or one issued within the past five years. Acceptable options include:5Florida Statutes. Florida Code 117 – Notaries Public
- A Florida driver’s license or state identification card
- A U.S. passport
- A driver’s license or ID from another U.S. state, territory, Canada, or Mexico
- A military ID from any branch of the U.S. armed forces
- A foreign passport stamped by U.S. immigration authorities
Without valid ID, the notary will refuse to notarize. Confirm this before the appointment. If getting to a notary is inconvenient, many courthouse clerk’s offices will notarize the form at the counter when you come in to file, letting you handle both steps in one visit.
Filing It With the Court
Once signed and notarized, file the original with the clerk of the circuit court in the county where the divorce petition was filed.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness You can file it alongside your initial petition or separately at any point before the final hearing. Most counties use Florida’s e-filing portal, so you’ll likely submit it electronically rather than in person.
Keep a stamped copy for your records. If the affidavit is missing when the judge reviews the case for final judgment, the case will not move forward until the residency requirement is satisfied. It’s a simple document, but skipping it can stall everything right at the end.
Perjury Risk for a False Statement
The witness signs under oath. A false statement under oath about a material matter in an official proceeding is a third-degree felony under Florida law.6Florida Senate. Florida Code 837.02 – Perjury in Official Proceedings A conviction carries up to five years in prison and a fine of up to $5,000.7Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences The statute specifies the witness does not need to know the statement was material for the crime to apply, so “I didn’t realize it mattered” is not a defense.
A witness who falsely confirms your residency isn’t only risking the divorce — they are personally exposed to felony prosecution. Make sure the person signing truly knows you’ve been in Florida for the required period.
A Note for Military Families
Active-duty service members stationed in Florida may qualify to file for divorce in the state even without six months of residency in the ordinary sense, and the way residency gets established in those cases differs from the standard form. Federal law also protects service members who are defendants in a divorce: under the Servicemembers Civil Relief Act, a court must grant a stay of at least 90 days if the service member cannot appear and may have a defense, though the service member can waive that protection.8Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If military service is in the picture on either side, talk to a family law attorney who handles military divorces before relying on the standard affidavit alone.