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Your Spouse Lives in Another State

Reviewed by the Amicably document team · Updated August 14, 2026

Yes. Florida's residency rule for divorce only requires one spouse to have lived in the state for the 6 months before filing. Where the other spouse lives has no bearing on that test, so a Florida resident married to someone who has always lived in another state, or another country, meets the requirement the same way any Florida couple does.

What actually changes is how your spouse signs the paperwork, whether they need to appear in Florida at all, and which of the uncontested routes fits best. This guide walks through all three, plus what happens if your spouse stops cooperating from a distance.

Florida's residency rule when your spouse lives elsewhere

Florida requires that one spouse have resided in the state for the 6 months before the petition is filed. The statute asks about one spouse's residence, not both, so it does not matter whether your spouse has lived in Georgia, California, another country, or anywhere else. A couple where only one of you has ever lived in Florida qualifies exactly the same way a couple who both live here does.

Residency still has to be corroborated, and Florida limits the acceptable proof to a short list: a valid Florida driver license, a Florida voter's registration card, a valid Florida ID card, or a third party's testimony or affidavit. Whichever document you use, its issue date has to be at least 6 months before filing, not just the length of time you have held it. None of that changes because your spouse lives elsewhere; it is your residency being proven, not theirs.

Does your spouse need to come to Florida?

No. Florida law allows Remote Online Notarization, and the notary has to be physically in Florida, but the signer does not. Your spouse can sign the settlement agreement, financial affidavits, and the rest of the packet from wherever they live, over a video session, without ever traveling here.

1. Each spouse gets a secure link and enters their information separately, wherever they are.
2. Amicably merges both sets of answers into one clean set of documents.
3. A specialist reviews everything against the filing county's current requirements.
4. Both spouses complete video notarization on their own schedule; your out-of-state spouse never has to travel to Florida for this step.
5. The Florida spouse, the one who is filing, submits the finished packet through the e-filing portal, guided step by step, and we confirm the court accepted it.

One real limit: online notarization confirms identity partly through a knowledge-based quiz drawn from US financial and address history. A spouse who has lived abroad for years, or who has little US financial history, can sometimes fail that check. Confirm with our specialist team that remote notarization will work for your spouse's specific situation before you count on it.

Which package fits when a spouse lives out of state

Nothing about an out-of-state spouse changes which uncontested route applies; that still depends on whether there are minor children and whether the property split is agreed. What does matter is the Simplified Dissolution's built-in appearance requirement, which sits differently for a couple where one spouse does not live in Florida.

Simplified Dissolution requires both spouses to appear together at one short final hearing. For a couple where one spouse lives elsewhere, that means coordinating a shared court date, and while some counties allow a remote appearance, it is not guaranteed everywhere, so confirm with the filing county before choosing this route.

The regular uncontested routes, with or without children, work differently. The cooperating spouse signs the Answer, Waiver, and Request for Copy of Final Judgment, and that signature is what excuses them from the hearing entirely. Usually only the Florida spouse, the one filing, needs to appear. For a couple with an out-of-state spouse, this is often the more practical fit.

If your spouse won't cooperate from a distance

Everything above assumes your spouse is willing to review and sign documents, even if they would rather not be involved day to day. If they will not respond at all, formal service becomes necessary, and serving someone in another state adds real complexity. Florida's own rules for serving a nonresident still apply, but you also have to follow the service rules of wherever your spouse actually lives, which can mean hiring a process server licensed in that state or country. That takes longer than the cooperating-spouse route, and it does not guarantee a response.

At that point, the case usually is not the amicable, uncontested one Amicably prepares for. This is a genuine sign to talk with a family law attorney, who can advise on service strategy and, if your spouse still does not respond, what happens next.

Property and support in an agreement your spouse signs remotely

When both spouses agree on how to divide property and, if it applies, on support, that agreement is written into the Marital Settlement Agreement and signed by both of you. Signing the agreement, along with the Answer and Waiver, is your spouse voluntarily accepting the terms of the case, which is a different situation from a court trying to order money relief against a spouse who never appeared at all.

That second situation, a spouse who is served but never agrees or appears, raises a harder jurisdiction question about whether a Florida court can order alimony, child support, or property division against them. That question depends on specific facts an attorney needs to evaluate, not a self-help guide. If your spouse is cooperating and signing, this is not the situation you are in.

If child support is part of the case, Florida's guideline worksheet still applies once both parents agree on the numbers; the agreement is filed with the rest of your packet the same as any uncontested case with children.

A typical timeline

When your spouse can cooperate from a distance, the case runs on the same clock as any other uncontested Florida divorce. Nothing about them living elsewhere adds time once remote signing is lined up before filing.

1. Before filingConfirm your out-of-state spouse can complete video notarization and has a valid photo ID ready.
2. Day 0The petition is filed. Florida's 20-day waiting period before a final judgment starts running from this date.
3. Within the first weeksYour spouse signs the Answer, Waiver, and Request form remotely, which counts as their appearance in the case.
4. Day 20 or laterThe earliest point a final judgment can be entered, subject to the court's own scheduling.
5. Final hearingUsually just the filing spouse appears; many counties allow this by video too.

Mistakes that slow this down

Assuming your spouse must be in Florida to sign anything. Remote online notarization covers the settlement agreement, affidavits, and the rest of the packet from wherever they live.

Choosing Simplified Dissolution without confirming your county's remote-hearing practice. Both spouses attending in person on the same date is harder to coordinate across state lines than a regular uncontested case where only the filing spouse appears.

Treating a non-responsive spouse as a paperwork delay. If they genuinely will not engage, that is a service and jurisdiction question for an attorney, not something a self-help packet can push through.

Waiting until the week you plan to file to check notarization coverage. Confirm the remote notary provider will work for your spouse's location, especially if they live outside the US, before building a filing date around it.

Frequently asked questions