International and Cross-Border Divorce in Florida

Q: Can I file for divorce in Florida if we were married in another country?

Yes. Fla. Stat. 61.021 requires only that one of the parties reside in Florida for six months before the petition is filed. Where the marriage was celebrated is not a barrier, though a valid foreign marriage generally must be proven with a certified record and certified translation.

Q: Are foreign bank accounts and property divided in a Florida divorce?

They can be. Fla. Stat. 61.075(6)(a)1.a. makes assets acquired during the marriage marital regardless of location. Enforcement is the practical difficulty, and courts frequently equalize with a monetary payment under Fla. Stat. 61.075(10) rather than transferring foreign property directly.

Q: Can I take my child to live in another country after a Florida divorce?

Relocation is governed by Fla. Stat. 61.13001, which generally requires either a written agreement signed by every parent and person entitled to time-sharing, or a court order approving relocation after a petition.

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated August 2026

Quick Answer

Can I get divorced in Florida if my spouse lives abroad?

Often yes. Fla. Stat. § 61.021 requires that one of the parties reside in Florida for six months before filing the petition — it does not require both spouses to live here, or that the marriage took place in Florida. Where your spouse lives affects how they must be served and how far the court’s power reaches over them personally and over property abroad, but it does not by itself prevent a Florida court from dissolving the marriage.

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South Florida marriages are frequently international: spouses with dual citizenship, property in another country, children who hold two passports, a prenup signed abroad in another language. Those facts do not make a divorce impossible — they make sequencing, jurisdiction, and evidence matter far more than usual. Pazos Law Group represents clients in cross-border family law matters throughout Miami-Dade, Broward, and Palm Beach counties, in English and Spanish.

Can Florida hear the case?

The residency rule is short. Fla. Stat. § 61.021: “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.” That is a requirement about residence, not citizenship. A non-citizen who genuinely resides in Florida can meet it; a Florida citizen who has actually lived in Bogotá for two years may not.

Florida is also a no-fault state. Under § 61.052(1), the grounds are that the marriage is irretrievably broken, or mental incapacity meeting the statute’s conditions. You do not need your spouse’s agreement to obtain a divorce.

There is an important distinction that catches people out. A court’s power to dissolve the marriage is not the same as its power to enter orders binding your spouse personally — to award alimony, divide property, or order support — which generally requires personal jurisdiction over them. Florida law anticipates this gap: § 61.075(1) expressly contemplates “a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets.” In practice this means a case can sometimes proceed in stages.

Filing first is a strategic decision, not a formality

When both Florida and another country could plausibly hear the case, which forum decides can change the outcome dramatically — different property regimes, different spousal support rules, different treatment of a business or an inheritance. Some countries apply community property; Florida applies equitable distribution under § 61.075. Some recognize lifetime maintenance; Florida’s alimony statute, § 61.08, was substantially rewritten in 2023 and no longer provides for permanent alimony.

If you believe a divorce is coming and there is a realistic chance of proceedings in two countries, get advice before anyone files. This is the single point in an international case where timing has the most leverage — and once the other side files abroad, options narrow quickly.

Property and accounts outside the United States

Florida’s definition of marital assets in § 61.075(6)(a)1.a. is not geographically limited: assets acquired during the marriage, individually or jointly, are marital. An apartment in Madrid, an account in Panama, or shares in a company incorporated abroad can all be part of the marital estate if acquired during the marriage.

The hard part is rarely characterization. It is proof and enforcement:

Disclosure. Florida Family Law Rule of Procedure 12.285 requires mandatory financial disclosure, and it is not limited to domestic assets.
Valuation across currencies. Under § 61.075(7) the judge sets the valuation date as is just and equitable, and different assets may be valued on different dates — which matters when exchange rates have moved.
Enforcement. A Florida judgment does not automatically transfer foreign real estate. Courts often work around this by using § 61.075(10), which allows a monetary payment in a lump sum or installments, with security and interest, to equalize the distribution instead.
Dissipation. Moving assets offshore once a divorce looms falls squarely within § 61.075(1)(i), which covers intentional dissipation, waste, depletion, or destruction of marital assets after filing or within the two years before filing.

Where a closely held company abroad is involved, the 2024 valuation rules in § 61.075(6)(a)1.f. apply as they would to a domestic company — see dividing a business in a Florida divorce.

Children with ties to two countries

Custody jurisdiction is governed by a separate statute from divorce jurisdiction. Florida has adopted the Uniform Child Custody Jurisdiction and Enforcement Act at Fla. Stat. §§ 61.501–61.542, which determines which state — or, in international cases, which country — may make a custody determination. It generally turns on the child’s home state, not on where the divorce is filed. It is entirely possible for Florida to have jurisdiction to dissolve a marriage while a different forum is the correct one to decide time-sharing.

On the merits, Florida applies the best-interests factors in § 61.13(3). Since 2023, § 61.13(2)(c)2. establishes a rebuttable presumption that equal time-sharing is in the best interests of the child. International relocation is its own statutory process under § 61.13001, which requires either written agreement or court approval — taking a child abroad without one is a serious matter with consequences well beyond family court.

Prenuptial agreements signed in another country

Florida adopted the Uniform Premarital Agreement Act at § 61.079. Under § 61.079(3) a premarital agreement must be in writing and signed by both parties, and it is enforceable without consideration other than the marriage. A foreign agreement is not automatically valid or automatically void in Florida; enforceability turns on the statute’s requirements — voluntariness, adequate financial disclosure or a valid waiver, and unconscionability — along with what the agreement itself says about governing law.

A translated copy is not the same as a certified translation, and the version signed abroad may differ from the one you were shown. If you signed an agreement in another country and a Florida divorce is now possible, have it reviewed here before you rely on it. See our Florida prenuptial agreement page.

Why this is handled in both languages

Cross-border cases involve documents, witnesses, and family members who do not operate in English. Pazos Law Group works in English and Spanish, which means client conversations, document review, and preparation happen directly rather than through an intermediary. This page is also available in Spanish.

One limit worth stating plainly: we are Florida family lawyers. We do not give advice on the law of another country or on immigration matters, and where those questions arise we coordinate with qualified counsel in the relevant jurisdiction or field rather than opining outside our own.

Frequently Asked Questions

Can I file for divorce in Florida if we were married in another country?

Yes. Fla. Stat. § 61.021 requires only that one of the parties reside in Florida for six months before the petition is filed. Where the marriage was celebrated is not a barrier, though a valid foreign marriage must generally be proven, which usually means a certified copy of the marriage record with a certified translation.

My spouse lives outside the United States. Can Florida still divorce us?

Florida can generally dissolve the marriage if the six-month residency requirement in Fla. Stat. § 61.021 is met and the absent spouse is properly served. Orders that bind your spouse personally, such as alimony or support, generally require personal jurisdiction over them. Fla. Stat. § 61.075(1) expressly contemplates a later proceeding for disposition of assets where the court lacked jurisdiction over the absent spouse.

Are foreign bank accounts and property divided in a Florida divorce?

They can be. Fla. Stat. § 61.075(6)(a)1.a. makes assets acquired during the marriage marital regardless of where they are located. Enforcement is the practical difficulty, and courts frequently equalize with a monetary payment under Fla. Stat. § 61.075(10), in a lump sum or installments with security and interest, rather than attempting to transfer foreign property directly.

Which country decides custody if my child has two passports?

Custody jurisdiction is decided under the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in Florida at Fla. Stat. sections 61.501 through 61.542. It generally turns on the child’s home state rather than on where the divorce is filed, so a Florida court may have jurisdiction over the divorce while a different forum is the proper one to decide time-sharing.

Is a prenuptial agreement I signed abroad valid in Florida?

Not automatically, and not automatically invalid. Florida enforces premarital agreements under Fla. Stat. § 61.079, which requires a writing signed by both parties and permits challenges based on involuntariness, inadequate financial disclosure without a valid waiver, or unconscionability. A foreign agreement should be reviewed under Florida law before you rely on it.

Can I take my child to live in another country after a Florida divorce?

Relocation is governed by Fla. Stat. § 61.13001, which generally requires either a written agreement signed by every parent and person entitled to time-sharing or a court order approving the relocation after a petition. Relocating a child without one carries serious legal consequences.

Talk to a Bilingual Florida Divorce Attorney

Cross-border matters reward early advice. Tell us your situation and Nadia Pazos will follow up personally — confidential, EN/ES. Prefer to call? (305) 482-1262.

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The information on this page is for general informational purposes only and does not constitute legal advice. Outcomes depend on the specific facts and circumstances of each case, and no particular result is guaranteed. Reading or sharing this content, or using this website, does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.