Florida Statutes

Fla. Stat. § 61.021 (2025)

Residence requirements.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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, 444 So. 2d 1118 (Fla. 3d DCA 1984).
Nicolas v. Nicolas, 444 So. 2d 1118 (Fla. 3d DCA 1984). · cites it 10× “021, Florida Statutes (1981), for filing a marriage dissolution action in the Florida courts.”
Rudel v. Rudel, 111 So. 3d 285 (Fla. 4th DCA 2013). · 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, 190 So. 3d 1126 (Fla. 2d DCA 2016). · 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, 413 So. 2d 412 (Fla. 4th DCA 1982). · cites it 4× “§ 61.021, Fla. Stat. (1971). Evidence as to Florida residence must be corroborated.”
Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). · cites it 2× “For further information, see section 61.021, Florida Statutes or section 61.”
Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006). · 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, 621 So. 2d 758 (Fla. 1st DCA 1993). · 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, 552 So. 2d 958 (Fla. 1st DCA 1989). · cites it 10× “Section 61.021, Florida Statutes. Though there was much conflicting evidence, it appears that there was.”
Eckel v. Eckel, 522 So. 2d 1018 (Fla. 1st DCA 1988). · cites it 4× “Eckel has satisfied the residency requirements of Section 61.021, Florida Statutes, we reverse the order of dismissal.”
Snyder v. McLeod, 971 So. 2d 166 (Fla. 5th DCA 2007). · 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, 651 So. 2d 1295 (Fla. 5th DCA 1995). · cites it 3× “§ 61.021, Fla. Stat. (1993); Perez v. Perez, 519 So.”
Lande v. Lande, 2 So. 3d 378 (Fla. 4th DCA 2008). · 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”).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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