RESIDENCE REQUIREMENT FOR DIVORCE SUBJECT MATTER JURISDICTION : LEGAL BLOG
Jerome C. Williams, Jr., Attorney at Law
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RESIDENCE REQUIREMENT FOR DIVORCE SUBJECT MATTER JURISDICTION

by Jerome Williams on 08/07/16

One of the parties, the petitioner or respondent, must reside in the state of Florida for six months before the filing of the petition for dissolution of marriage and have the intent to remain a resident of the state of Florida at the time of filing. [Fla Stat Sec. 61.021.]


The burden of proof is on the petitioner to demonstrate this at final hearing.  [Speigner v. Speigner, 621 So 2d 758 (Fla 1st DCA 1993) (six months residence must be pleaded and proved for court to have subject matter jurisdiction to enter dissolution of marriage); Keveloh v. Carter, 699 So 2d 285 (Fla 5th DCA 1997) (failure to meet statutory requirement of six months residence is jurisdictional defect requiring dismissal of petition for dissolution of marriage).]  The standard of proof for residence requirements is clear and convincing evidence. [Orbe v. Orbe, 651 So 2d 1295) (Fla 5th DCA 1995) (for purpose or residence requirements for dissolution of marriage, standard of proof of residence is clear and convincing evidence; corroborative evidence of residence is Florida driver's license or Florida voter registration).]

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