I Am a Military Member Stationed in Florida: Can I File for Divorce Here?

Florida is home to two dozen active military bases, including MacDill Air Force Base just a few miles southwest of Tampa. Are you an active duty military member stationed in Florida who is considering a divorce? You may be wondering whether or not you can file in the state. The short answer is “it depends,” but if you or your spouse has been here for at least six months you can file even if all your documents are from another state. Within this article, our Clearwater military divorce lawyer provides a guide to Florida’s residency rules for divorce for military members.

Know the Basics: Florida’s Residency Requirement for Divorce

You do not have to have been married in Florida to get divorced in the state. That is true for both military members and civilians. Under Florida Statutes § 61.021, at least one spouse must reside in the state for six months before filing for divorce. To be clear, residency means more than temporary presence. Instead, it requires evidence of intent to make Florida your home. Courts often look at documentation such as a Florida driver’s license, vehicle registration, voter registration, or utility bills.

Military Members Stationed in Florida and Divorce Jurisdiction

Being stationed in Florida is a unique circumstance. By definition, many military members who are stationed at bases in the state do not intend to make Florida their permanent home. They may not even have thought about it one way or another. If you are on active duty and assigned to a Florida installation, your physical presence may satisfy the statutory requirement. As long as you have been here for six months at the base, you can generally file for a divorce in Florida. The standard for proving residency is not strict for military members. Six months of presence at a base is generally sufficient unless there are very unusual issues in your case.

Note: The Florida residency rule does not require both spouses to qualify. If your spouse has been living in Florida for six months, that alone allows you to file here, even if your own paperwork still reflects another state.

Federal Protections and Additional Jurisdictional Issues 

Military divorce often triggers questions beyond state residency rules. The Servicemembers Civil Relief Act (SCRA) provides active-duty personnel with important procedural protections. A Florida court cannot move forward with a divorce by default if a service member cannot appear due to deployment. Instead, the case may be stayed. Further, if children are involved, Florida courts must have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). 

Note: Child custody is more complicated. Simply being stationed in Florida does not guarantee that custody matters can be heard here. Jurisdiction is usually tied to the child’s home state for the prior six months. That is a big consideration for military parents. 

Call Our Clearwater, FL Military Divorce Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater, FL military divorce lawyer has the professional experience that you can trust. If you have any questions or concerns about the residency requirements for military divorces in Florida, we are more than happy to help. Contact our legal team today to set up your fully private initial case review. From our Largo law office, we handle family law issues all across the surrounding region in Florida.

Source:

floridadep.gov/sites/default/files/Military-Bases-in-Florida.pdf