Posted by Nydia Streets of Streets Law in Florida Divorce
What does the six-month residency requirement for a Florida divorce mean? In order for a Florida court to have jurisdiction to enter a final judgment of divorce, one or both parties must have resided in Florida for at least the immediately preceding six months prior to the date of filing the petition for divorce. The definition of residency was in dispute in the case Lauterbach v. Lauterbach, 2D19-524 (Fla. 2d DCA April 15, 2020).
The parties spent their marriage alternating residency in Germany and in Florida. The wife suffered a stroke and initially she was receiving in-home care in Florida. When problems arose with that care, the former wife then moved to Germany to receive in-home care. After a time, she then moved to a rehabilitation facility in Switzerland. About two months later, she moved to Indiana to a facility near her nephew and filed a petition for divorce in Florida. After filing the petition, she eventually moved to a facility in Florida. Throughout this time, the husband did not reside in Florida. According to the appellate record “[the wife] and her nephew testified that she returned to Carmel, Indiana, as opposed to the Palm Harbor home, because a doctor recommended that she remain close to her nephew.” The trial court awarded the wife temporary alimony and exclusive use and possession of the Florida home owned by the parties. The husband appealed, arguing the court lacked subject matter jurisdiction because the residency requirement was not met.
The appellate court agreed with the husband and reversed. The court held “It is undisputed that neither of the parties was physically present in Florida during the six months prior to August 4, 2017, when the wife petitioned for dissolution of marriage. And the wife did not relocate to a Florida address until nine months after she filed her petition, nearly a year and a half after she departed the state. This and other courts of this state have consistently held that ‘[r]esidency under section 61.021 means 'an actual presence in Florida coupled with an intention at that time to make Florida the residence.' [citations omitted]. Understanding that the wife's absence from the state may very well have been a consequence of her serious health issues as opposed to an intention to make her residence elsewhere, her complete physical absence from Florida during the six months prior to the filing of her petition is nonetheless dispositive. Under controlling precedent, to have resided in a place requires that one must have been present there during the prescribed time period. We therefore conclude that the wife failed to meet the residency requirement set forth in section 61.021, rendering the trial court's order void for lack of subject matter jurisdiction.”
Making sure your case meets certain requirements before you file is important so that you do not waste time and money. Schedule a consultation with a Miami divorce lawyer to go over your case and understand how the law may apply to it.