For undocumented immigrants who may be facing a divorce, it is important to understand how some of the divorce and immigration rules work together.
Residency Requirement for a Florida divorce
Most people wanting to know how to get a divorce in Florida come across the requirement that they must be a resident of Florida for at least six (6) months before filing the petition for divorce. Under the Florida Statute 61.021 (F.S. 2026), residency for divorce means that have been living in Florida for at least six (6) months with the intent to make Florida your home. This means that someone in Florida for six months but with a home, license and life elsewhere can fail this test.
As you can see, a residency requirement for divorce in Florida is not related to immigration status; it has nothing to do with your immigration status in the United States.
However, that doesn’t mean that you should go ahead and get a divorce if you are about to begin proceedings related to your immigration status, or are in the middle of adjusting your residency status.
Ways to prove residency in a Florida divorce
In order to prove residency in Florida for purposes of a divorce, there is another divorce section which states what documents can be used to do so. Section 61.052(2) (F.S. 2026) states that the following are good way to prove this form of residency:
- valid Florida driver license,
- a Florida voter’s registration card,
- a valid Florida identification card issued, or
- the testimony or affidavit of a third party.
An undocumented person may not have a Florida driver’s license, Florida ID card, or a Florida voter registration card.
Therefore, the choice of proof left is the testimony or affidavit of a third party. This means someone who knows you, who themselves live in Florida and know that you have been living in Florida for at least six (6) months before you file the petition for divorce.
If you cannot establish residency, your petition is subject to dismissal — and the filing fee paid to the clerk is non-refundable.
Immigration issues and a Florida divorce
While you may be able to get divorced in Florida regardless of your immigration status, you should discuss divorce first with your immigration attorney, not with a family attorney.
Once you have done so, you can then make an informed decision as to whether you should proceed to get a divorce–that’s when you speak with a divorce attorney. You need to make your family attorney aware of any issues regarding immigration that may be impacted by the divorce, including any deadlines applicable to your immigration status or pending proceedings.
Is it safe to file for your Florida divorce?
In Florida, there is no requirement that a family court notify anyone about a litigant’s immigration status. However, you must keep in mind that court files are public records, and other people involved in a case aren’t bound by the same limits. Keep that in mind as you decide whether to file for a Florida divorce.
How long does it take for a Florida divorce?
Once the residency requirement is met, the fastest divorce is an uncontested divorce. These are the ones where you and your spouse agree that you will get divorced, and also agree on all other things that need to be resolved: property, debt and issues related to children (if there are any of the marriage).
It is not necessary for a spouse to agree to the divorce because Florida is a no-fault divorce; no consent or agreement from your spouse is needed. But you want to know whether they agree and will sign, because a spouse who signs a waiver of service can move the case forward faster. If your spouse won’t sign, they must be formally served — and if they then dispute any issue, the case becomes contested and takes longer.
In Miami-Dade, an uncontested divorce can be completed in less than 30 days.
Find out which path you’re on
If you and your spouse agree on everything, you may not need an assessment at all — a flat-fee uncontested divorce starts at $750 plus the court filing fee, and it’s the faster route when timing matters for an immigration filing.
If you’re not sure your spouse will cooperate, or you don’t know whether your case will be contested, start with a $250 Case Assessment Session. It’s a flat fee whether we talk for 30 minutes or two hours. You’ll complete a short questionnaire first so I can review your situation before we speak — which means the session is spent on answers, not background. You’ll leave knowing where you stand, what comes next, and what it’s likely to cost.
Call (305) 710-9419 or ask me to call you. I’ll follow up within one business day.