Florida’s Affidavit of Corroborating Witness is a sworn statement, filed on Form 12.902(i), in which a third party confirms that one spouse has lived in Florida for at least six months before a divorce petition was filed. You only need it if you can’t prove your Florida residency with a valid Florida driver’s license, state ID card, or voter registration card. If you have one of those, you can skip the witness affidavit entirely.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness
The reason the form exists is jurisdictional. Florida law requires at least one spouse to reside in the state for six continuous months immediately before filing.2Florida Statutes. Florida Code 61.021 – Residence Requirements Your own word isn’t enough. The court wants independent corroboration, and if it doesn’t get it, the case gets dismissed.
When You Actually Need the Affidavit
Before you ask anyone to sign anything, check what you already have. Florida accepts any one of the following to corroborate residency:1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness
- A valid Florida driver’s license
- A Florida identification card
- A Florida voter registration card
- Testimony or a sworn affidavit from someone other than you or your spouse
The affidavit route is for people who don’t hold any of the first three. That commonly means someone who recently moved to Florida and still carries an out-of-state license, or someone who has never registered to vote and doesn’t have a state ID.
What Form 12.902(i) Asks For
Form 12.902(i) is a standardized one-page document available from the Florida Courts website.3Florida Courts. Affidavit of Corroborating Witness It needs to be typed or printed in black ink and captures four things:
- The case style, with the petitioner’s and respondent’s names exactly as they appear on the divorce petition
- The witness’s full legal name and current residential address
- A declaration that the witness knows from personal experience that the petitioner has lived in Florida for at least six months immediately before the petition was filed
- The witness’s signature under oath, acknowledging that a false statement carries fines and imprisonment
Be specific about the timeline. Vague language like “a long time” is the most common reason a court pushes back and asks for clarification or a supplemental hearing. The statement should make clear that the six-month window is covered.
Who Can Sign as Your Witness
The witness can be anyone other than you or your spouse.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness A parent, sibling, adult child, neighbor, coworker, or employer all qualify. There’s no rule against relatives.
What the person does need is firsthand knowledge of your physical presence in Florida across the six months. A neighbor who sees you around, a coworker who works with you daily, or a family member who has visited you regularly at your Florida home all work. They don’t have to have observed you every day. They do have to be able to say, honestly and with confidence, that you’ve lived in Florida continuously for at least six months before the filing date. If a judge ever asks follow-up questions, your witness should be able to answer.
Getting the Affidavit Notarized
The witness must sign in front of a notary public or a deputy clerk of the circuit court.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness Signing at home and bringing the form to a notary later doesn’t work. The notary has to watch the signature. Banks, shipping stores, and law offices commonly offer notary services, and Florida caps the fee at $10 per notarial act.4Florida Senate. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties; Employer Liability; Name Change; Advertising; Photocopies; Penalties
If a notary trip is inconvenient, deputy clerks at most courthouses can notarize the form when you come in to file. That lets you notarize and file in one visit.
What ID the Witness Must Bring
The notary has to verify the witness’s identity, so the witness needs to bring a current, government-issued photo ID that has a serial or identifying number (or was issued within the past five years). Acceptable documents include:5Florida Statutes. Florida Code 117 – Notaries Public
- A Florida driver’s license or state ID card
- A U.S. passport
- A driver’s license or ID from another U.S. state, territory, Canada, or Mexico
- A military ID from any branch of the U.S. armed forces
- A foreign passport stamped by U.S. immigration authorities
No valid ID, no notarization. Confirm this before the appointment.
Filing With the Court
File the signed, notarized original with the clerk of the circuit court in the county where the divorce petition was filed.1Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness You can submit it alongside the initial divorce petition, or on its own at any point before the final hearing. Most counties use the state’s e-filing portal, so paper trips to the clerk’s office aren’t usually necessary.
Keep a stamped copy for your records. If the affidavit is missing from the file when the judge reviews the case for final judgment, the case stalls until residency is proven. It’s a small piece of paperwork that can hold up the entire divorce at the finish line.
Penalties for a False Affidavit
The witness signs under oath, so a false statement is perjury. Under Florida law, lying under oath in an official proceeding about a material matter is a third-degree felony.6Florida Senate. Florida Code 837.02 – Perjury in Official Proceedings That carries up to five years in prison and a fine of up to $5,000.7Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences The statute is explicit that the witness doesn’t have to know the statement was material for the crime to apply, so “I didn’t realize it mattered” is not a defense.
A witness who falsely confirms Florida residency isn’t just putting your divorce at risk. They’re taking on personal felony exposure. Only ask someone to sign if they genuinely know you’ve been living in Florida for the required period.
Military Service Members
Active-duty service members stationed in Florida may qualify to file even without six months of traditional residence, and Florida courts generally treat stationing in the state as meeting the requirement for the service member or their spouse. Separately, federal law protects service members who are defendants: under the Servicemembers Civil Relief Act, a court must grant a stay of at least 90 days if the service member cannot appear and may have a defense.8Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The service member can waive it. If military service is part of your situation, talk to a family law attorney who handles military divorces before relying on the standard residency affidavit alone.