When it comes to military divorce in Florida, one of the first hurdles many couples face is residency. If you’re active-duty or married to someone who is, you may wonder: Where exactly can we file? Do we even “live” anywhere right now?

Understanding how Florida residency rules apply is critical to making sure your divorce proceeds smoothly.

Here’s what you need to know.

What Are Florida’s Basic Residency Requirements for Divorce?

Under Florida law, at least one spouse must have lived in Florida for at least six months before filing for divorce. Proof of residency can include:

• A Florida driver’s license
• Florida voter registration
• A Florida lease or property deed

But for military families, it gets more flexible.

Related: Military Divorce in Florida Overview

How Military Service Affects Residency Rules

Active-duty service members often move every few years. Fortunately, Florida law accounts for that.

You can still file for divorce in Florida if:

• Florida is your Home of Record (the state you list for tax and legal purposes).
• You are stationed in Florida at the time you file, even if you have not been here for six months.

Related: Tips for Active-Duty Service Members Filing for Divorce in Florida

Common Residency Scenarios for Military Divorce

1. Service Member Stationed in Florida

If you’re stationed at a base in Florida (e.g., MacDill AFB, NAS Pensacola) and living here, you can generally file without issue.

2. Service Member Deployed but Florida is Home of Record

If you’re deployed overseas but Florida is still your legal home, you can file in Florida.

3. Spouse Living in Florida While Service Member is Elsewhere

If the civilian spouse lives in Florida for six months, they can file here regardless of where the active-duty spouse is stationed.

4. Neither Spouse Currently Living in Florida

If neither spouse lives in Florida or claims it as a home of record, Florida courts typically won’t have jurisdiction.

Related: How Military Deployment Affects Divorce Proceedings in Florida

Why Residency Matters So Much

• Jurisdiction: If you don’t meet residency requirements, the court can’t hear your case.
• Military Benefits: Filing in Florida can impact how pensions, TRICARE, and Survivor Benefits are divided.
• Child Custody: Florida courts must have jurisdiction to issue custody orders; otherwise, you may have to file elsewhere.
• Efficiency: Filing where you have solid residency proof makes the process faster and smoother.

Related: Child Custody and Parenting Plans When One Parent is Active-Duty Military

What If I’m Not Sure Where I Should File?

If you’re confused about your eligibility to file in Florida, you’re not alone. The rules around military residency are complex, and mistakes can cause major delays.

Speaking with an experienced military divorce attorney can help you:

• Confirm jurisdiction
• Avoid costly filing errors
• Strategize for custody, benefits, and financial outcomes

At Melendez Law Office, we help service members and military spouses protect their rights and find the clearest legal path forward.

Ready to get clarity?