Whether a party is a Florida resident is both a question of law and fact to be determined from the facts of each particular case. Residence is established by an actual presence in Florida coupled with a concurrent intent to make Florida one’s legal residence. Continuous presence in Florida is not required for the entire statutory 6 month period. In one case, there was much evidence of the husband’s activities in North Carolina during the six months before filing of the divorce case, but his actual presence and other acts were legally sufficient evidence to determine that he was a Florida resident. The reasoning was that Florida has a compelling state interest in requiring a provable durational residence so that Florida may avoid intrusion upon the rights and interests of another state.

The wife’s residence does not necessarily follow husband’s residence. In one case, the evidence established wife’s Florida residence for her divorce case; her husband lived in another state. Wife testified that she had been a Florida resident for several years and intended to maintain Florida as her residence, even though she spent summers in husband’s state of residence. Wife produced a valid Florida driver’s license and voter’s registration card and testified that she maintained bank accounts, automobile registration and insurance in Florida.

Anyone in the military of the United States and the spouse of such person, if living in Florida is prima facie a resident of the state for divorce cases. Florida courts recognize an exception to the statutory residence for members of the military, permitting them to seek divorce in Florida without proving their actual presence in the state during the six months period before filing their dissolution of marriage case.

If Florida subject matter jurisdiction is challenged, the party in the military has the burden to show intent that Florida is the permanent residence.

Non-citizens of the United States may be Florida residence for divorce purposes if they actually live in Florida for the six months immediately before filing the divorce case. It is the legal residence, not citizenship, which is required for filing a divorce case.

If neither party satisfies the residence requirement Florida does not have jurisdiction to grant the divorce. The defense of lack of jurisdiction of the subject matter may be raised at any time. It is better practice to attack subject mater jurisdiction by motion, rather than by answer, to preserve any challenge the respondent may have to personal jurisdiction. The respondent waives any challenges to personal jurisdiction by seeking affirmative relief from the court.

An affidavit submitted in support of a motion to dismiss challenging the petitioner’s residence allegations must be sworn. An un-sworn motion to dismiss is not sufficient to meet burden of challenging sufficiency of jurisdiction allegations of petition for dissolution of marriage.

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