One of the most misunderstood aspects of military divorce is jurisdiction—specifically, whether a service member or their spouse has the legal standing to file for divorce in Florida. With frequent moves, overseas deployments, and PCS orders that scatter military families across the globe, determining whether Florida is the right place to file a petition can be complicated. Establishing residency is not just a formality; it’s a legal prerequisite.
Under Florida law, at least one party must meet specific residency requirements to file for divorce. In military divorces, that requirement interacts with federal protections and administrative definitions of domicile. Understanding how to establish legal standing when either or both spouses are in the military is crucial for avoiding costly jurisdictional errors. A skilled Tampa divorce lawyer can help navigate this issue and ensure your case is properly filed, timely heard, and enforceable.
This article will explain what military residency means in the context of a Florida divorce, how to prove it, and what happens when your legal ties to the state are unclear.
What Does Residency Mean in Florida Divorce?
Under Florida Statute § 61.021, at least one party must reside in the state of Florida for six months immediately preceding the filing of the petition to be eligible for divorce.
“Residency” in this context means more than physical presence—it refers to legal domicile. A person can live outside Florida temporarily but still be a Florida resident if they intend to return and maintain ties to the state.
For military families, this can include:
- Being stationed elsewhere under orders,
- Temporarily deployed overseas,
- Living in another state due to PCS,
- Serving on a ship or at a remote installation.
A Tampa divorce lawyer can help prove Florida residency even when you haven’t physically lived in the state for months or years—so long as the necessary legal ties remain intact.
Understanding Military Domicile vs. Residence
The distinction between domicile and residence is critical in military divorces. A person can have many residences but only one domicile—the state they legally consider home. For military personnel, domicile does not automatically change with each duty station. Instead, it remains constant unless affirmatively changed.
Florida courts recognize the difference. A service member may be stationed at a base in another state but still be domiciled in Florida if they:
- Intend to return to Florida after completing service,
- Maintain a Florida driver’s license,
- Vote in Florida elections,
- Pay taxes in Florida (if applicable),
- Own property or claim homestead exemption in Florida,
- List Florida as home of record on military documents.
A Tampa divorce lawyer will gather these types of documents and declarations to demonstrate legal standing to file.
Filing in Florida While Stationed Elsewhere
Military members often live far from Florida yet retain deep legal ties to the state. The law accommodates this by allowing service members to file in Florida if they can show:
- Legal domicile in Florida, even if deployed or reassigned,
- Sufficient documentation of residency,
- Intent to return to Florida when not under military obligation.
In these cases, the court has both subject matter jurisdiction (the authority to hear the case) and personal jurisdiction(the authority over the parties), as long as service and notice requirements are met.
A Tampa divorce lawyer can help confirm that jurisdiction exists and prevent your petition from being dismissed for lack of residency.
What If Only One Spouse Is a Florida Resident?
Florida requires only one spouse to meet the six-month residency rule. That means:
- A civilian spouse living in Florida can file against a service member stationed elsewhere,
- A military spouse stationed abroad but domiciled in Florida can file against a civilian or military spouse living in another state,
- A Florida-based service member can file even if their spouse and family live on base in another state.
If the non-resident spouse challenges jurisdiction, the court must evaluate whether Florida is the proper venue. A Tampa divorce lawyer can defend your right to file in Florida based on your residency or your spouse’s.
Establishing Residency with Documentation
Courts require evidence—not just verbal assertions—of Florida residency. Common proof includes:
- Florida driver’s license issued more than six months before filing,
- Voter registration card showing Florida address,
- Property deed or lease agreement,
- Utility bills in your name,
- Leave and Earnings Statement (LES) showing Florida as state of legal residence,
- Affidavit of domicile signed under oath.
In contested cases, a court may hold a jurisdictional hearing to determine whether the residency requirement is met. A Tampa divorce lawyer will present all necessary documentation and prepare testimony to support your legal standing.
Service Members Civil Relief Act (SCRA) and Divorce Jurisdiction
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from being prejudiced in civil proceedings due to service obligations. However, the SCRA does not change residency requirements for divorce.
Instead, it offers:
- Protection from default judgments while deployed,
- Delays (stays) in proceedings if military duties interfere with participation,
- Flexibility in court appearances (including remote options).
While the SCRA helps ensure fairness, it is not a tool to create jurisdiction in Florida. You must still meet the state’s residency rules. A Tampa divorce lawyer will ensure that your SCRA rights are respected while maintaining the correct legal framework for jurisdiction.
Filing for Divorce from Overseas
Many military spouses or service members live abroad during their marriage. If Florida is your home of record or legal domicile, you can still file for divorce in Tampa from anywhere in the world.
Key considerations include:
- Confirming six months of Florida residency prior to filing,
- Using digital notarization and remote communications,
- Attending court hearings by video when permitted,
- Using email or international service options to serve your spouse.
Florida courts allow military members to proceed with divorce even while deployed, so long as jurisdiction is established and procedural rules are followed. A Tampa divorce lawyer can file on your behalf, obtain court approval for remote appearances, and manage the case from start to finish.
Jurisdiction for Custody and Child Support
Residency also impacts custody jurisdiction. Florida follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which gives jurisdiction to the child’s home state—defined as the state where the child lived with a parent for six months before the filing.
If your child has lived in Florida for at least six months, Florida courts can:
- Establish or modify time-sharing (custody),
- Issue parenting plans,
- Determine school and medical decision-making rights,
- Order child support.
If your child has recently moved or is living abroad with the other parent, Florida courts may defer to another state or country. A Tampa divorce lawyer will determine whether Florida qualifies as the home state and, if not, whether a temporary or emergency order is appropriate.
What If Your Spouse Files in Another State?
If both spouses claim residency in different states, a jurisdictional conflict may arise. This is common in military divorces. Factors courts use to resolve the issue include:
- Which case was filed first,
- Where the parties and children reside,
- Where marital property is located,
- The strength of each party’s residency claim.
To avoid jurisdictional disputes:
- File early if you meet the Florida residency requirement,
- Serve the other party promptly,
- Gather all documentation proving your Florida domicile.
A Tampa divorce lawyer will act quickly to preserve your home-state advantage and contest any improper out-of-state filings by your spouse.
Maintaining Jurisdiction for Future Modifications
Once Florida has jurisdiction over your divorce, it generally retains authority over:
- Enforcement of court orders,
- Post-judgment modifications (custody, support, etc.),
- Contempt proceedings.
To preserve jurisdiction:
- Keep a Florida address when possible,
- Maintain voter registration and driver’s license,
- Retain Florida-based legal and financial ties.
Even if you later move away from Florida, a Tampa divorce lawyer can ensure that your final judgment includes venue provisions keeping future matters in the same court.
Avoiding Mistakes That Can Undermine Your Case
Some common pitfalls in military divorce jurisdiction include:
- Assuming physical presence equals residency – Residency requires intent to remain.
- Changing legal domicile without realizing it – Updating your LES to another state may change your domicile.
- Failing to gather evidence of residency – Courts need documentation, not assumptions.
- Delaying filing until you leave Florida – File while you still qualify under the six-month rule.
- Letting your spouse file first elsewhere – Being proactive may preserve Florida as the forum.
A Tampa divorce lawyer will review your records and timing to ensure you meet the legal threshold and avoid errors that can derail your case.
Special Rules for Reserve and National Guard Members
Members of the Reserves and National Guard often face unique challenges when they are activated or assigned to temporary duty stations. Their residency may be harder to track, especially if they maintain multiple homes or file taxes in a different state.
Florida recognizes the domicile of Reserve and Guard members as long as:
- The six-month requirement is met,
- The duty assignment is not permanent in another state,
- Legal documents continue to list Florida as home.
If you are a Guard or Reserve member with a part-time military role, consult a Tampa divorce lawyer before filing to ensure that your legal standing is secure.
Practical Tips to Preserve Florida Residency While Serving Elsewhere
If you are a service member or military spouse and expect to be away from Florida for an extended period, follow these guidelines to preserve legal standing:
- Keep your Florida driver’s license and renew it in Florida when possible.
- Register and vote in Florida elections.
- File taxes using a Florida address (if applicable).
- Maintain a Florida mailing address or own property in the state.
- Avoid changing your LES unless you truly intend to change domicile.
- Keep records of travel and housing assignments.
- Consider filing declaration of domicile with the county clerk.
A Tampa divorce lawyer can help you compile and preserve this evidence in advance of any filing or hearing.
FAQ: Military Residency and Florida Divorce
Q: Can I file for divorce in Florida if I’m stationed overseas?
A: Yes, if Florida is your legal domicile and you meet the six-month residency requirement. Physical presence is not always required.
Q: What if my spouse lives in another state?
A: You can still file in Florida if you meet the residency requirement. Your spouse’s location may affect service and personal jurisdiction, but not subject matter jurisdiction.
Q: Is my duty station considered my legal residence?
A: Not necessarily. Duty stations do not establish domicile. Your legal domicile is where you intend to return when your military obligations end.
Q: How do I prove Florida residency if I haven’t been there in a year?
A: Use your LES, driver’s license, voter registration, tax records, and other documents showing Florida as your home state.
Q: Can both spouses file in different states at the same time?
A: Yes, but courts will typically defer to the state that filed first or has stronger residency and connection to the case.
Q: What happens if I change my legal residence to another state?
A: You may lose standing to file in Florida. It’s important to speak to a Tampa divorce lawyer before updating your LES or other records.
Q: Is Florida a good state to file for military divorce?
A: Florida is favorable for many military families due to its equitable distribution laws, lack of state income tax, and experienced courts.
Q: Will the court accept remote appearances if I’m stationed away?
A: Yes. Many courts allow Zoom or phone participation for hearings, especially for military members.
Q: What if I want to modify custody later but no longer live in Florida?
A: If Florida issued the original order, it likely retains jurisdiction. Your Tampa divorce lawyer can file a motion to modify as long as procedural requirements are met.
Q: Do I need to physically return to Florida to file?
A: No. Your attorney can file on your behalf, and remote processing is available in most cases.
The McKinney Law Group: Tampa Divorce Lawyers for the Unique Needs of Military Families
At The McKinney Law Group, we understand that military divorces aren’t just legal—they’re logistical. We help Tampa service members and their spouses work through the legal and practical details of divorce with clarity and foresight.
We assist clients with:
✔ Military retirement division and compliance with USFSPA
✔ Addressing SGLI, SBP, and other benefit-related issues
✔ Handling parenting time across duty stations or deployments
✔ Identifying proper jurisdiction when one or both parties are stationed out of state
✔ Developing long-term legal strategies for service-connected families
Contact us at 813-428-3400 or email [email protected] for personalized legal support.