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Florida Statute 61.021 | Lawyer Caselaw & Research
F.S. 61.021 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.021
61.021 Residence requirements.To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.
History.s. 1, ch. 522, 1853; RS 1478; s. 1, ch. 4726, 1899; GS 1926; RGS 3189; CGL 4981; s. 1, ch. 16009, 1933; s. 1, ch. 16975, 1935; s. 1, ch. 57-44; s. 1, ch. 57-1974; s. 16, ch. 67-254; s. 3, ch. 71-241; s. 112, ch. 86-220.
Note.Former s. 65.02.

F.S. 61.021 on Google Scholar

F.S. 61.021 on Casetext

Amendments to 61.021


Arrestable Offenses / Crimes under Fla. Stat. 61.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.021.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CARLTON, f k a v. ZANAZZI,, 266 So. 3d 243 (Fla. App. Ct. 2019)

. . . See §§ 61.021, 61.052, Fla. Stat. (2016) ; Marshall v. . . . divorce concept, if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 . . .

MCNEIL, v. JENKINS- MCNEIL,, 252 So. 3d 354 (Fla. App. Ct. 2018)

. . . . § 61.021, Fla. Stat. (2015). . . . Section 61.052(2), Florida Statutes (2015), requires that proof of residence under section 61.021 be . . .

SCUDDER, v. SCUDDER,, 228 So. 3d 703 (Fla. Dist. Ct. App. 2017)

. . . evidence that could have established a Florida residency for the parties or their children under sections 61.021 . . .

MINDA, v. MINDA,, 190 So. 3d 1126 (Fla. Dist. Ct. App. 2016)

. . . former wife alleged that the parties were never residents of Florida within the meaning of section 61.021 . . . argued that neither she nor the former husband was a Florida resident within the meaning of section 61.021 . . . Fla. 3d DCA 1991) (holding that the former wife was not a resident of Florida for purposes of section 61.021 . . .

VINSAND, v. VINSAND,, 179 So. 3d 366 (Fla. Dist. Ct. App. 2015)

. . . See § 61.021, Fla. . . .

CORLETTA, v. TEXAS HIGHER EDUCATION COORDINATING BOARD,, 531 B.R. 647 (Bankr. W.D. Tex. 2015)

. . . . §§ 52.01 et seq., 61.021; 19 Tex. Admin. Code §§ 21.5Í-21.64. . . . EdugCode § 61.021, et seq. . . . Educ.Code § 61.021 (“[The THECB] shall perform only the functions which are enumerated in this chapter . . .

In PAPPAS, f k a v., 517 B.R. 708 (Bankr. W.D. Tex. 2014)

. . . . §§ 52.01 et seq., 61.021 (West 2006); 19 Tex. Admin. Code §§ 21.51-21.64 (2003). . . . Educ.Code Ann. §§ 52.01 et seq., 61.021 (West 2006); Tex. Gov’t Code §§ 1207 et seq., 1307 et seq. . . .

PADILLA, v. VINDEL,, 132 So. 3d 378 (Fla. Dist. Ct. App. 2014)

. . . Appellant resided in the state six months before the filing of the petition as required by section 61.021 . . .

RUDEL, v. E. RUDEL,, 111 So. 3d 285 (Fla. Dist. Ct. App. 2013)

. . . subject matter jurisdiction, because the wife did not satisfy the residency requirement of section 61.021 . . . Section 61.021 provides that to obtain a divorce one of the parties must reside 6 months in the state . . . “Residence” as used in section 61.021 means “ ‘an actual presence in Florida coupled with an intention . . . “Whether or not a party is a resident (of the State of Florida within the meaning of Section [61.021] . . . , although these factors are certainly evidentiary on the issue of domiciliary intent under Section 61.021 . . .

FRANKS, v. N. FRANKS, Jr., 86 So. 3d 1252 (Fla. Dist. Ct. App. 2012)

. . . See § 61.021, Fla. Stat. (2010). . . .

GRAY, v. BRESLER,, 82 So. 3d 821 (Fla. Dist. Ct. App. 2011)

. . . resident for six months at the time of the filing of the counterpetition, the requirements of section 61.021 . . . Section 61.021 was amended in 1986 to provide that one of the parties needed to be a six-month resident . . .

S. MIKULEC, v. MIKULEC,, 47 So. 3d 851 (Fla. Dist. Ct. App. 2010)

. . . To establish subject matter jurisdiction in a divorce proceeding, section 61.021, Florida Statutes, provides . . .

LANDE, v. A. LANDE,, 2 So. 3d 378 (Fla. Dist. Ct. App. 2008)

. . . divorce concept, if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 . . . See § 61.021, Fla. . . .

M. GREY, v. GREY,, 995 So. 2d 623 (Fla. Dist. Ct. App. 2008)

. . . Section 61.021, Florida Statutes (2007), provides that “[t]o obtain a dissolution of marriage, one of . . .

MARSHALL, III, v. MARSHALL,, 988 So. 2d 644 (Fla. Dist. Ct. App. 2008)

. . . divorce concept, if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 . . .

SNYDER, v. McLEOD,, 971 So. 2d 166 (Fla. Dist. Ct. App. 2007)

. . . The issue of residency most often arises in divorce cases, because section 61.021, Florida Statutes, . . . Under section 61.021, Florida residency is defined as “an actual presence in Florida coupled with an . . . license and voter registration may be used to corroborate the Florida residency requirement in section 61.021 . . .

KOPECKY, v. KOPECKA,, 967 So. 2d 1109 (Fla. Dist. Ct. App. 2007)

. . . .” § 61.021, Fla. Stat. (2007). . . .

A. HAMILTON, v. A. MICHIELI,, 954 So. 2d 739 (Fla. Dist. Ct. App. 2007)

. . . Section 61.021 of the Florida Statutes requires “one of the parties to the marriage must reside 6 months . . . in the state before the filing of the petition.” § 61.021, Fla. . . .

ARJONA a k a v. TORRES a k a, 941 So. 2d 451 (Fla. Dist. Ct. App. 2006)

. . . Section 61.021, Florida Statutes (2002), titled "Residence requirements,” provides: "To obtain a dissolution . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE OUT OF CYCLE, 940 So. 2d 409 (Fla. 2006)

. . . For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. . . .

BOUQUETY, v. BOUQUETY,, 933 So. 2d 610 (Fla. Dist. Ct. App. 2006)

. . . See § 61.021, Fla. Stat. (2000). . . .

G. WEBER, v. WEBER,, 929 So. 2d 1165 (Fla. Dist. Ct. App. 2006)

. . . months preceding the date she filed her petition for dissolution of marriage, as required by section 61.021 . . . this evidence, the trial court ruled that that the wife was a resident of Florida pursuant to section 61.021 . . . Section 61.021 states: “Residence requirements. — To obtain a dissolution of marriage, one of the parties . . . Residency under section 61.021 means an actual presence in Florida coupled with an intention at that . . . Generally, whether a party is a resident within the meaning of section 61.021 is both a question of law . . .

JENKINS, v. JENKINS,, 915 So. 2d 1248 (Fla. Dist. Ct. App. 2005)

. . . See § 61.021, Fla. Stat. (2004). . . .

D. ROWLAND, v. ROWLAND,, 868 So. 2d 608 (Fla. Dist. Ct. App. 2004)

. . . “Residency under section 61.021[, Florida Statutes (1998),] means ‘an actual presence in Florida coupled . . .

RAHAL, v. ZERHOUNI,, 861 So. 2d 114 (Fla. Dist. Ct. App. 2003)

. . . See § 61.021, Fla. Stat. (2003). . . .

LOPES, v. LOPES,, 852 So. 2d 402 (Fla. Dist. Ct. App. 2003)

. . . . § 61.021, Fla. Stat. (1999). . . .

SPINDLER, v. MAYOL,, 849 So. 2d 1102 (Fla. Dist. Ct. App. 2003)

. . . See §§ 61.021, 61.052, Fla. Stat. (2002); Davis v. . . .

M. BOZE, v. E. BOZE,, 824 So. 2d 989 (Fla. Dist. Ct. App. 2002)

. . . Boze failed to establish residency pursuant to sections 61.021 and 61.052(2), Florida Statutes (2001) . . .

E. YOUNG- MAILE, v. P. MAILE,, 813 So. 2d 1077 (Fla. Dist. Ct. App. 2002)

. . . See § 61.021, Fla. . . .

MORSE, v. MORSE,, 796 So. 2d 1200 (Fla. Dist. Ct. App. 2001)

. . . testimony by a third party was sufficient to satisfy the residency requirements set forth in section 61.021 . . .

MALDONADO, v. ALLSTATE INSURANCE COMPANY,, 789 So. 2d 464 (Fla. Dist. Ct. App. 2001)

. . . See § 61.021, Fla. Stat. (2000). . . .

McCARTHY, v. ALEXANDER,, 786 So. 2d 1284 (Fla. Dist. Ct. App. 2001)

. . . .” § 61.021, Fla. Stat. (1997). . . . “Residency under section 61.021 means ‘an actual presence in Florida coupled with an intention at that . . .

FIELDS, v. FIELDS,, 782 So. 2d 530 (Fla. Dist. Ct. App. 2001)

. . . Section 61.021, Florida Statutes (1997), states that “[t]o obtain a dissolution of marriage, one of the . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 783 So. 2d 937 (Fla. 2000)

. . . , which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. . . .

C. COONS, Jr. v. COONS,, 765 So. 2d 167 (Fla. Dist. Ct. App. 2000)

. . . Florida law sets forth a dura-tional residence requirement: 61.021 Residence requirements.To obtain a . . . the parties to the marriage must reside 6 months in the state before the filing of the petition. § 61.021 . . . “Compliance with the section 61.021 residence requirement has long been held to be jurisdictional.” . . . , which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 . . .

ALEXANDER, v. McCARTHY,, 752 So. 2d 1290 (Fla. Dist. Ct. App. 2000)

. . . matter jurisdiction over this divorce since neither party met the residence requirements of section 61.021 . . . inadequate to make a determination as to whether either party met the residence requirements of section 61.021 . . .

In KAHL, J. J. v. N., 240 B.R. 524 (Bankr. E.D. Pa. 1999)

. . . Code § 61.021. . . .

N. HUNTER, v. HUNTER,, 736 So. 2d 801 (Fla. Dist. Ct. App. 1999)

. . . months prior to filing the petition and, thus, did not satisfy the residency requirement of section 61.021 . . . Florida Statutes (1997), an allegation that a party satisfies the residency requirement of section 61.021 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. . . .

S. SUTTON, v. G. SUTTON,, 705 So. 2d 1054 (Fla. Dist. Ct. App. 1998)

. . . in Okaloosa County, and (2) the wife failed to meet the residency requirement set forth in section 61.021 . . . See § 61.021, Fla. . . .

CLEVELAND, v. CLEVELAND,, 692 So. 2d 304 (Fla. Dist. Ct. App. 1997)

. . . marriage because it is undisputed that the husband alleged and met the residence requirements of section 61.021 . . . See § 61.021, Fla. . . .

COPAS, v. COPAS,, 687 So. 2d 885 (Fla. Dist. Ct. App. 1997)

. . . Section 61.021, Florida Statutes (1993), requires that one of the parties to a dissolution action must . . . Residency under section 61.021 means “an actual presence in Florida coupled with an intention at that . . .

TAYLOR R. v. UNITED SERVICES AUTOMOBILE ASSOCIATION,, 684 So. 2d 890 (Fla. Dist. Ct. App. 1996)

. . . . §§ 61.021, 61.10, Fla.Stat. .§ 322.08, Fla.Stat. . See Blanchard v. . . .

CLINTON, v. M. CARVER,, 675 So. 2d 642 (Fla. Dist. Ct. App. 1996)

. . . For example, section 61.021 requires “one of the parties to the marriage” to reside six months in the . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . See section 61.021, Florida Statutes. . . .

HASSLACHER, v. HASSLACHER,, 664 So. 2d 993 (Fla. Dist. Ct. App. 1995)

. . . s requirements compel a finding that, as a matter of law, the jurisdictional requirement of section 61.021 . . .

ORBE, v. ORBE,, 651 So. 2d 1295 (Fla. Dist. Ct. App. 1995)

. . . . § 61.021, Fla.Stat. (1993); Perez v. Perez, 519 So.2d 1104 (Fla. 3d DCA 1988); Arnstein v. . . . Instead, his petition tracks the language of section 61.021. . . . That section states: "61.021 Residence Requirements. — To obtain a dissolution of marriage, one of the . . .

FERNANDEZ, Jr. v. E. FERNANDEZ, A. E. E. Jr. E., 648 So. 2d 712 (Fla. 1995)

. . . . § 61.021, Fla.Stat. (1991). . . .

E. FERNANDEZ, A. E. E. Jr. E. v. FERNANDEZ, Jr., 632 So. 2d 638 (Fla. Dist. Ct. App. 1994)

. . . Section 61.021, Fla.Stat. (1991). . . . Sections 61.021, 61.052(2). See also Speigner; Phillips. . . .

SPEIGNER, v. SPEIGNER,, 621 So. 2d 758 (Fla. Dist. Ct. App. 1993)

. . . legal insufficiency of the evidence to establish compliance with the residence requirement of section 61.021 . . . evidence was legally insufficient to establish compliance with the residence requirement of section 61.021 . . . Section 61.021, Florida Statutes (1991), provides that, “[t]o obtain a dissolution of marriage, one of . . . Section 61.052(2) requires that proof of compliance with the section 61.021 residence requirement “be . . . evidence presented to the trial court was legally insufficient to establish compliance with the section 61.021 . . .

LOFFLER, v. LOFFLER,, 620 So. 2d 1048 (Fla. Dist. Ct. App. 1993)

. . . Section 61.021, Florida Statutes (1989), provides that a dissolution may be obtained if “one of the parties . . . Compare § 61.021, Fla.Stat. (1985); Eckel v. . . .

BIRNBAUM, v. BIRNBAUM,, 615 So. 2d 241 (Fla. Dist. Ct. App. 1993)

. . . . § 61.021, Fla.Stat. (1991). . . .

McCABE, v. McCABE,, 600 So. 2d 1181 (Fla. Dist. Ct. App. 1992)

. . . for at least six months prior to the filing of his petition for dissolution as required by section 61.021 . . .

H. SRAGOWICZ, v. SRAGOWICZ,, 591 So. 2d 1084 (Fla. Dist. Ct. App. 1991)

. . . Gillman, 413 So.2d 412, 413 (Fla. 4th DCA 1982); § 61.021, Fla.Stat. (1989). Affirmed. . . .

In AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE FORM c, 563 So. 2d 1079 (Fla. 1990)

. . . This is because section 61.021, Florida Statutes (1989), requires residence for at least six months preceding . . .

S. GOODWIN, v. W. GOODWIN,, 559 So. 2d 109 (Fla. Dist. Ct. App. 1990)

. . . husband’s six-month residency in Florida prior to the filing of his petition as required by section 61.021 . . .

JENKINS, v. O. JENKINS,, 556 So. 2d 441 (Fla. Dist. Ct. App. 1990)

. . . residence requirement as a prerequisite to bringing a dissolution action in Florida pursuant to section 61.021 . . .

W. HOFFMAN, v. HOFFMAN,, 552 So. 2d 958 (Fla. Dist. Ct. App. 1989)

. . . The governing statute for purposes of residence in a dissolution of marriage action is Section 61.021 . . . Section 61.021, Florida Statutes. . . . Evidence of the residence requirements of Section 61.021, Florida Statutes, must be corroborated. . . . Furthermore, residency for section 61.021 purposes must be established by “clear and positive” evidence . . . Section 61.021, Florida Statutes. . . .

ECKEL, v. ECKEL,, 522 So. 2d 1018 (Fla. Dist. Ct. App. 1988)

. . . Eckel has satisfied the residency requirements of Section 61.021, Florida Statutes, we reverse the order . . . Section 61.021, Florida Statutes, requires, in order for one to obtain a dissolution of marriage in Florida . . .

BEAUCAMP, v. BEAUCAMP,, 508 So. 2d 419 (Fla. Dist. Ct. App. 1987)

. . . . § 61.021, Fla.Stat. (1983). . . .

SHAMMAY, v. SHAMMAY,, 491 So. 2d 284 (Fla. Dist. Ct. App. 1986)

. . . Gillman, 413 So.2d 412 (Fla. 4th DCA 1982) (interpreting section 61.021, Florida Statutes (1971) as requiring . . .

McDOUGALD, v. L. JENSON,, 596 F. Supp. 680 (N.D. Fla. 1984)

. . . In Florida, “residence” for purposes of divorce and child custody matters under Section 61.021, Florida . . .

NICOLAS, v. NICOLAS,, 444 So. 2d 1118 (Fla. Dist. Ct. App. 1984)

. . . Immigration and Naturalization Service, satisfies the six-month residency requirement established by Section 61.021 . . . s ruling that the wife failed to satisfy the six-month residency requirement established by Section 61.021 . . . state before filing the petition, but this does not affect any suit filed before October 1, 1957.” § 61.021 . . . although these factors are certainly eviden-tiary on the issue of domiciliary intent under Section 61.021 . . . this finding, it is plain that the wife satisfied the six-month residency requirement under Section 61.021 . . .

GILLMAN, v. GILLMAN,, 413 So. 2d 412 (Fla. Dist. Ct. App. 1982)

. . . . § 61.021, Fla.Stat. (1971). . . . Section 61.021, Florida Statutes (1971), requires the party filing the proceeding to reside six months . . .

WALSH, v. WALSH,, 388 So. 2d 240 (Fla. Dist. Ct. App. 1980)

. . . initial divorce proceeding as required by Section 65.02, Florida Statutes (1965) (now appearing at § 61.021 . . .

MARKOFSKY, v. MARKOFSKY,, 384 So. 2d 38 (Fla. Dist. Ct. App. 1980)

. . . Perez, 164 So.2d 561 (Fla. 3d DCA 1964); § 61.021, Fla.Stat. (1979); and (b) the trial court was not . . .

C. MERRITT, v. E. MERRITT,, 369 So. 2d 1005 (Fla. Dist. Ct. App. 1979)

. . . The only jurisdictional requirement imposed by statute in Florida is that contained in Section 61.021 . . .

GORDON, Jr. v. GORDON,, 369 So. 2d 421 (Fla. Dist. Ct. App. 1979)

. . . resident of the State of Florida for the six month period which is requisite to jurisdiction under Section 61.021 . . . The first point presented urges that the trial court did not. have jurisdiction pursuant to Section 61.021 . . . The record overwhelmingly establishes that appellant meets the residency requirements of F.S. § 61.021 . . .

A. WEINSCHEL, v. O. WEINSCHEL,, 368 So. 2d 386 (Fla. Dist. Ct. App. 1979)

. . . . § 61.021, Fla.Stat. (1977). No appeal was taken from this dismissal. . . .

R. CURRAN, v. C. CURRAN,, 362 So. 2d 1042 (Fla. Dist. Ct. App. 1978)

. . . The question is one of jurisdiction and Section 61.021, Florida Statutes which requires residency. . . . J., and ANSTEAD, J., concur. . § 61.021, Fla.Stat.: Residence required. . . .

M. O CONNOR, v. O CONNOR,, 357 So. 2d 763 (Fla. Dist. Ct. App. 1978)

. . . See Section 61.021, Florida Statutes (1971). . . .

LEFKOVITZ v. LEFKOVITZ,, 341 So. 2d 253 (Fla. Dist. Ct. App. 1976)

. . . In the meantime, after satisfying the residency requirement of § 61.021, F.S.1973, the husband instituted . . .

L. RIVENBARK, v. RIVENBARK,, 335 So. 2d 23 (Fla. Dist. Ct. App. 1976)

. . . There, while satisfying Florida’s six-month residency prerequisite for filing a dissolution petition (§ 61.021 . . .

P. BOWERS, v. B. BOWERS,, 326 So. 2d 172 (Fla. 1976)

. . . . § 61.021 (1973). . . .

A. CARROLL, v. CARROLL,, 322 So. 2d 53 (Fla. Dist. Ct. App. 1975)

. . . Taken together, §§ 47.011, 61.021 and 61.061, F.S., permit a resident of six months to file against a . . .

LEMON, v. LEMON,, 314 So. 2d 623 (Fla. Dist. Ct. App. 1975)

. . . The courts of Florida have held that the residency requirement of § 61.021 F.S. and its predecessor is . . .

WISE, v. WISE,, 310 So. 2d 431 (Fla. Dist. Ct. App. 1975)

. . . Section 61.021, Florida Statutes. . . . Evidence of the residence requirements of Section 61.021, Florida Statutes, must be corroborated. . . .

SILVESTRI, v. SILVESTRI,, 309 So. 2d 29 (Fla. Dist. Ct. App. 1975)

. . . Stat. 61.021, F.S.A. In addition, Dr. . . .

POLONSKY, v. L. POLONSKY,, 303 So. 2d 64 (Fla. Dist. Ct. App. 1974)

. . . S. 61.021. . . .

L. MAKRES B. v. O ASKEW,, 500 F.2d 577 (5th Cir. 1974)

. . . They claimed that § 61.021 interfered with their interests in unimpeded travel and access to courts, . . . Absent, however, was the six months of in-state residence required by § 61.021. . . . Under Florida case law, unless § 61.021 is satisfied Florida courts lack power to decree a divorce. . . .

CAIZZA, v. CAIZZA,, 291 So. 2d 569 (Fla. 1974)

. . . . § 61.021, F.S.A., was constitutional. We have jurisdiction. . . . she resided six months in the State of Florida before filing the petition, as required by Fla.Stat. § 61.021 . . . In its order of dismissal, the Court specifically stated that Fla.Stat. § 61.021, F.S.A., was constitutional . . .

M. SHEPPARD, Jr. v. J. SHEPPARD,, 286 So. 2d 37 (Fla. Dist. Ct. App. 1973)

. . . . § 61.021, F.S.A., in order to maintain an action for dissolution of marriage. . . . The record overwhelmingly establishes that appellant meets the residency requirements of F.S. § 61.021 . . .

B. SHIFFMAN, v. O ASKEW, L. MAKRES, v. O ASKEW,, 359 F. Supp. 1225 (M.D. Fla. 1973)

. . . residency requirements, the Plaintiffs in these cases challenge the constitutionality of Florida Statute § 61.021 . . . lived in the State for less than six (6) months, and who, but for the provisions of Florida Statute 61.021 . . . hearing, which evidence need not be corroborated except to establish that the residence requirements of § 61.021 . . .