Posted by Nydia Streets of Streets Law in Florida Divorce
What is the residency requirement for a Florida divorce? Under 61.021, Fla. Stat., one party to the marriage must have resided in Florida six months before the filing of the petition in order for a Florida court to have subject matter jurisdiction over the divorce. This was an issue in the case Golubstova v. Budaev, 3D25-0296 (Fla. 3d DCA February 18, 2026).
The parties were divorced in Russia, but the Russian court did not distribute property owned by the parties in Miami-Dade County, Florida. The former wife filed a petition in the family court division in Miami-Dade County, Florida requesting equitable distribution of the property. No claim for partition was asserted, and the former wife claimed the parties were not permanent residents of Florida, but instead remained citizens of the Russian Federation. The petition was dismissed by the trial court and the former wife appealed. The appellate court noted the residency requirement stated in the Florida Statutes and affirmed the dismissal.
Nothing stated in this article is legal advice. For legal advice specific to your case, contact a Miami family law attorney for a consultation.