Military families face unique legal challenges, and when it comes to divorce, residency requirements are one of the first obstacles to address. Service members and their spouses often move frequently due to reassignments, deployments, or housing changes, making it difficult to establish a consistent place of residence. In Florida, understanding the residency requirements for filing a divorce—especially in Hillsborough County—is critical to ensuring that the court has the legal authority to grant the dissolution and make enforceable rulings on custody, support, and property division.
Military divorces are subject to both state and federal law. Florida law governs the process of divorce, including residency, filing procedures, and how the case is handled in court. Federal law, such as the Servicemembers Civil Relief Act, can also affect timelines and protections. A well-informed Tampa divorce lawyer can help military clients determine whether they meet Florida’s requirements and how to strategically proceed with a military divorce based on their unique circumstances.
Florida’s Residency Requirement for Divorce
Under Florida Statute § 61.021, to file for divorce in the state, at least one party must reside in Florida for six months before the petition is filed. This requirement is not about citizenship or domicile—it is strictly a matter of physical presence and intent.
The law does not require both spouses to be Florida residents. Only one party—either the petitioner (the person filing for divorce) or the respondent—must have lived in the state for the minimum period.
What Counts as Residency?
Residency for divorce purposes means actual physical presence in Florida with the intention to make Florida your permanent home. This can be proven in several ways:
- A Florida driver’s license
- A Florida voter registration card
- Florida vehicle registration
- A lease or utility bill in your name
- A sworn affidavit from a third party
- Testimony in court
For military members, residency can be more complicated due to frequent moves and base assignments. However, military spouses or service members can still meet the requirement under several conditions, even if their orders assign them elsewhere.
Military Exceptions to Residency Requirements
Florida allows some flexibility for military personnel when it comes to meeting the six-month residency rule. A military member stationed in Florida—such as at MacDill Air Force Base in Tampa—can be considered a Florida resident for divorce purposes even if their official “home of record” is another state.
Similarly, a military spouse who lives in Florida while the service member is stationed there may also meet the residency requirement. The law allows Florida courts to recognize residency for military personnel if:
- The service member is stationed in Florida
- The spouse is living in Florida and intends to remain
- The service member or spouse has taken steps to establish Florida residency
A Tampa divorce lawyer can help gather documentation to prove residency, even when official military orders or addresses appear to be in another state.
Filing for Divorce in Hillsborough County
Once residency is established, the divorce petition must be filed in the appropriate county. For military families in Tampa, that is often Hillsborough County. The court will have jurisdiction over the divorce and related matters such as:
- Equitable distribution of property
- Alimony
- Child support
- Parenting plans and time-sharing
Filing in the wrong jurisdiction can delay or even invalidate proceedings. A Tampa divorce lawyer ensures that your case is properly filed, increasing the likelihood of a smooth and enforceable divorce process.
Establishing Florida as a Legal Residence
Service members can take proactive steps to make Florida their legal residence, which is especially helpful if they anticipate filing for divorce in the future. This may include:
- Registering to vote in Florida
- Obtaining a Florida driver’s license
- Declaring Florida as the state of legal residence on LES (Leave and Earnings Statement)
- Paying Florida taxes (if applicable)
- Listing a Florida address for federal and state purposes
Florida has no state income tax, which makes it a popular state of residence for many military members. However, establishing residency for tax purposes is not the same as establishing it for divorce. The court will evaluate all available evidence when determining whether you qualify under the six-month rule.
When the Spouse Is Out of State
It is common for one spouse to remain in Florida while the other is stationed elsewhere. In this case, the Florida-residing spouse can still file for divorce in Florida. The out-of-state spouse must be properly served with the divorce petition, and if they do not contest jurisdiction, the case can proceed in Florida.
If the out-of-state spouse challenges jurisdiction, the court may need to examine where the marriage occurred, where the parties lived during the marriage, and where marital assets and children are located.
A Tampa divorce lawyer will address these jurisdictional challenges and prepare legal arguments to establish Florida’s authority to proceed.
The Role of the Servicemembers Civil Relief Act (SCRA)
The SCRA provides certain protections for active duty service members who are sued in civil court, including divorce cases. A military member who is deployed or otherwise unable to respond to a divorce petition may:
- Request a stay (postponement) of the proceedings
- Avoid a default judgment due to non-appearance
- Assert their rights without jeopardizing their military career
These protections apply only when the service member can show that military duties materially affect their ability to appear. It does not give them the right to indefinitely delay a divorce.
A Tampa divorce lawyer will balance the protections of the SCRA with the need to move the case forward and reach resolution.
Divorcing While Deployed
Deployment does not prohibit divorce, but it creates logistical challenges. Courts may allow:
- Remote testimony by video or telephone
- Representation by an attorney with power of attorney
- Delayed hearings for return from deployment
- Mediation by correspondence or video conference
If the service member is the petitioner, they may file the case before deploying and proceed with the help of legal counsel. If the service member is the respondent, the court will determine whether the SCRA stay applies.
A Tampa divorce lawyer can coordinate with the Judge Advocate General (JAG) office and the civilian courts to keep the process fair and efficient.
How Residency Affects Custody and Time-Sharing
Residency impacts more than just the right to file for divorce—it also affects custody and time-sharing. Florida courts require jurisdiction to make or modify parenting plans involving minor children. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Florida must be the child’s home state to issue or modify custody orders.
Military families often face time-sharing challenges due to:
- Frequent moves
- Out-of-state deployment
- Leave schedules
- Unpredictable reassignments
Courts typically work to preserve the relationship between the child and both parents, even if the service member is not physically present in Florida.
A Tampa divorce lawyer will help you establish jurisdiction for custody and develop a parenting plan that accommodates the realities of military life.
Service of Process on Active Duty Military
To begin a divorce, the petition must be served on the other party. For civilian spouses, service is typically straightforward. For military members, especially those deployed or stationed overseas, service can be more complicated.
Florida courts require that service of process comply with both Florida law and the SCRA. If the military member is on base, permission may be needed from the commanding officer. Overseas service may require additional steps under international treaties or Department of Defense protocols.
A Tampa divorce lawyer will navigate these requirements and ensure service is completed legally to avoid dismissal or delay.
What Happens If Residency Cannot Be Established?
If neither party can meet Florida’s residency requirements, the court will lack jurisdiction to grant a divorce. In this case, you may:
- Wait until you meet the six-month requirement
- File in another state where one party meets the requirement
- Consult a Tampa divorce lawyer about other legal options
Attempting to file in Florida without meeting the residency requirement will result in dismissal and wasted time and money.
Can Legal Separation Establish Residency?
Florida does not recognize legal separation as a formal court process. However, time spent living apart in Florida may still count toward residency if:
- One party is physically present in Florida
- They intend to make Florida their permanent home
- The six-month rule is otherwise met
Simply separating does not create jurisdiction. There must be intent to reside in Florida permanently or indefinitely.
Military Residency in Temporary Housing
Military families often reside in government housing, temporary lodging, or short-term rentals while transitioning between assignments. These housing situations may still qualify for residency if:
- The spouse or service member intends to remain in Florida
- Florida is listed on tax, driver’s license, or voting records
- Other supporting evidence of residency is available
A Tampa divorce lawyer will help document these factors and support your claim to residency.
FAQ
Q: Do I have to live in Florida for six months to file for divorce here?
A: Yes. Either you or your spouse must have resided in Florida for at least six months prior to filing.
Q: Can a military member stationed in Florida file for divorce here?
A: Yes. Military service members stationed in Florida are considered residents for divorce purposes if they intend to reside here.
Q: What if I’m deployed—can I still file for divorce?
A: Yes. You can file through your attorney and proceed remotely in many cases. The court may accommodate your schedule and deployment status.
Q: What documents prove Florida residency for divorce?
A: Driver’s license, voter registration, vehicle registration, utility bills, lease agreements, and sworn affidavits.
Q: Can my spouse file for divorce in Florida while I’m stationed elsewhere?
A: Yes, if they meet the six-month residency rule. You will be served with the petition and given the opportunity to respond.
Q: What if neither of us meets Florida’s residency rule?
A: You may need to wait, establish residency, or file in a different state where one of you qualifies.
Q: How does the SCRA protect active duty service members in divorce?
A: It allows for postponement of court proceedings when service interferes with participation, and it protects against default judgments.
Q: Can we agree to waive the residency rule?
A: No. Residency is a statutory requirement and cannot be waived by agreement.
Q: Will Florida handle custody if the children live here but I’m stationed elsewhere?
A: Yes, if Florida is the child’s home state under the UCCJEA. The court must have jurisdiction over the child to decide custody issues.
Q: Can a military spouse keep benefits if they divorce in Florida?
A: It depends on factors like length of marriage, overlap with service, and specific benefit eligibility (20/20/20 rule, for example).
Military divorces are rarely simple, especially when jurisdiction and residency are in question. But with the right preparation and a knowledgeable Tampa divorce lawyer, you can meet Florida’s requirements and proceed with confidence. Whether you’re stationed at MacDill AFB, living in Tampa, or facing deployment, understanding the residency rules—and how they apply to your military service—is the first step toward a divorce that protects your rights, benefits, and future.
The McKinney Law Group: Experienced Tampa Divorce Attorneys for Contested Cases
Some divorces require a strong advocate. At The McKinney Law Group, we represent Tampa clients in contested divorce cases involving property, custody, and high-conflict situations. We protect your rights—and fight for the outcome you deserve.
We assist with:
✔ Aggressive litigation and trial preparation
✔ Disputes involving hidden assets or financial misconduct
✔ Contested custody and parental responsibility issues
✔ High-stakes support and property battles
✔ Courtroom advocacy backed by experience and results
Call 813-428-3400 or email [email protected] for strong representation when it matters most.