61.021

Residence requirements.

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61.021 Residence requirements.To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.
History.s. 1, ch. 522, 1853; RS 1478; s. 1, ch. 4726, 1899; GS 1926; RGS 3189; CGL 4981; s. 1, ch. 16009, 1933; s. 1, ch. 16975, 1935; s. 1, ch. 57-44; s. 1, ch. 57-1974; s. 16, ch. 67-254; s. 3, ch. 71-241; s. 112, ch. 86-220.
Note.Former s. 65.02.
Notes of Decisions
Cited in 82 cases (4 in the last 5 years), 1973–2026 · leading case: Nicolas v. Nicolas
Nicolas v. Nicolas (1984) fladistctapp · cites it 10× “021, Florida Statutes (1981), for filing a marriage dissolution action in the Florida courts.”
Rudel v. Rudel (2013) fladistctapp · cites it 7× “By a separate order the court dismissed the temporary injunction on the ground that the evidence was insufficient to permit the granting of it pursuant to the statutes. The wife appeals both orders. We first address the court’s determination that it did not have subject matter…”
Minda v. Minda (2016) fladistctapp · cites it 4× “540, seeking to set aside the final judgment based on the trial court’s lack of subject matter jurisdiction, the former husband’s fraud, and excusable neglect! Specifically, the former wife alleged that the parties were never residents of Florida within the meaning of section…”
Gillman v. Gillman (1982) fladistctapp · cites it 4× “§ 61.021, Fla. Stat. (1971). Evidence as to Florida residence must be corroborated.”
Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (2000) fla · cites it 2× “For further information, see section 61.021, Florida Statutes or section 61.”
Arjona v. Torres (2006) fladistctapp · cites it 2× “[2] Section 61.021, Florida Statutes (2002), titled "Residence requirements," provides: "To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”
Speigner v. Speigner (1993) fladistctapp · cites it 8× “He raises three issues: (1) whether the trial court had jurisdiction to enter the final judgment, notwithstanding the legal insufficiency of the evidence to establish compliance with the residence requirement of section 61.021, Florida Statutes (1991); (2) whether the trial…”
Hoffman v. Hoffman (1989) fladistctapp · cites it 10× “Section 61.021, Florida Statutes. Though there was much conflicting evidence, it appears that there was.”
Eckel v. Eckel (1988) fladistctapp · cites it 4× “Eckel has satisfied the residency requirements of Section 61.021, Florida Statutes, we reverse the order of dismissal.”
Snyder v. McLeod (2007) fladistctapp · cites it 4× “We agree with Snyder that, on this record, the trial court should have granted her motion to dismiss. First, the record establishes that Snyder was not a Florida resident.”
Orbe v. Orbe (1995) fladistctapp · cites it 3× “§ 61.021, Fla. Stat. (1993); Perez v. Perez, 519 So.”
Lande v. Lande (2008) fladistctapp · cites it 2× “See § 61.021, Fla. Stat. (2007) (“to obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition”).”
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