Florida Residency Requirements for Snowbird Divorce

 Posted on September 26, 2024 in Divorce

If you live in Florida, chances are you know what a snowbird is. No, this article is not about a winged animal that moves around based on weather patterns. In Florida, a snowbird is someone who lives somewhere, generally in the northern part of the country, where winter is harsh and uncomfortable, and who stays in that location during the warmer summer months but moves to Florida for the winter. This is not a type of vacation but rather a lifestyle where a person has two residences: one in a location with cold winters, the other in Florida.

It is easy to imagine why this might be such a popular lifestyle choice for many Americans.

However, there can be complications involved when someone splits their time between two locations, especially during legal proceedings like divorce. This article will discuss Florida residency requirements for divorce purposes. If you are a snowbird considering divorce, speak with an experienced Miami, FL divorce lawyer to learn more.

Divorce Jurisdiction

When someone wants to get a divorce, they cannot simply walk into any court they find and begin proceedings. Before a court can legally handle a divorce, certain requirements need to be met, the first of which is residency. Residency can be demonstrated in Florida in two ways:

• Physical residency: According to Florida law, courts will only preside over a divorce if at least one of the spouses has been residing in the state for at least six months before the request was filed. A lease or mortgage information for a Florida residence, driver’s license, bank account statement, voter ID card, or utility bill are all generally acceptable evidence to prove residency. Neither spouse needs to be residing in Florida at the time of their court hearing, but at least one of them must have at least for six months before they file for divorce.

• Intentional residency: Someone who did not physically reside in Florida during the required six months but had the intention of doing so might also be considered eligible for Florida divorce. Personal testimony, membership in a local community organization, country club, or church, a signed lease or home purchase, Florida car registration, and filing for state taxes are all acceptable ways to try to prove intent to make Florida a permanent residence.

It is important to note that an extended vacation is not enough to be considered residency. If someone has spent significant time in Florida but has not moved their life there, as can be demonstrated by the location of their bank, where their children are enrolled in school, and where they go to work, among other things, it is not likely that the residency requirement will be met.

On the other hand, leaving Florida during the six-month required period would not void residency. Traveling outside the state during the 180 days prior to filing for divorce is permitted, as long as there is enough evidence to show intention for Florida residency. As with all cases, the court will consider each divorce on an individual basis to determine whether it has proper jurisdiction.

Schedule a Free Consultation with a Miami, FL Snowbird Divorce Lawyer

If you are a snowbird wishing to get divorced in Florida, a qualified Miami, FL divorce attorney can review your case and advise you on whether this is feasible. At Miami Family Law Group, PLLC, we understand that every couple has unique circumstances, and getting divorced in another state where you spend your time may not be so simple. We are dedicated to helping you get through your divorce and move past it so you can begin a new chapter, so call us at 305-520-7874 to schedule a free consultation.