Florida Statute 61.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.001

61.001 Purpose of chapter.—

(1) This chapter shall be liberally construed and applied.

(2) Its purposes are:

(a) To preserve the integrity of marriage and to safeguard meaningful family relationships;

(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and

(c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.

History.—s. 1, ch. 71-241; s. 111, ch. 86-220.

F.S. 61.001 on Google Scholar

F.S. 61.001 on CourtListener

Amendments to 61.001

Annotations, Discussions, Cases:

Cases Citing Statute 61.001

Total Results: 46

Rosen v. Rosen

696 So. 2d 697, 1997 WL 196642

Supreme Court of Florida | Filed: Apr 24, 1997 | Docket: 1695921

Cited 312 times | Published

work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla.Stat. (1995). Thus, section 61.16 should

Perlow v. Berg-Perlow

875 So. 2d 383, 2004 WL 583130

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 1683993

Cited 72 times | Published

the process of legal dissolution of marriage. § 61.001(2), Fla. Stat. (2003) (emphasis supplied). It

Sobelman v. Sobelman

541 So. 2d 1153, 1989 WL 33245

Supreme Court of Florida | Filed: Apr 6, 1989 | Docket: 1516600

Cited 42 times | Published

the process of legal dissolution of marriage." § 61.001(2)(c), Fla. Stat. (1985). That section, entitled

Florida Bar v. Brumbaugh

355 So. 2d 1186, 1978 Fla. LEXIS 4657

Supreme Court of Florida | Filed: Jan 10, 1978 | Docket: 1360328

Cited 41 times | Published

dissolution of marriage whenever possible. Section 61.001, Florida Statutes (1975) states: (1) This chapter

Williamson v. Williamson

367 So. 2d 1016

Supreme Court of Florida | Filed: Feb 8, 1979 | Docket: 1330144

Cited 29 times | Published

the process of legal dissolution of marriage." § 61.001, Fla. Stat. (1975) (emphasis supplied). For a

Sumlar v. Sumlar

827 So. 2d 1079, 2002 WL 31295118

District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 1360465

Cited 27 times | Published

the process of legal dissolution of marriage." § 61.001(c), Fla. Stat. (2000). Under the traditional rule

Lashkajani v. Lashkajani

911 So. 2d 1154, 2005 WL 1529936

Supreme Court of Florida | Filed: Jun 30, 2005 | Docket: 11788

Cited 25 times | Published

work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla.Stat. (1995). *1160 Rosen v. Rosen, 696 So

Bane v. Bane

775 So. 2d 938, 25 Fla. L. Weekly Fed. S 1070

Supreme Court of Florida | Filed: Nov 22, 2000 | Docket: 1668005

Cited 22 times | Published

promote the amicable settlement of disputes." § 61.001(b), Fla. Stat. (1999). We agree with Judge Farmer's

VARIETY CHILDREN'S HOSP v. Vigliotti

385 So. 2d 1052, 1980 Fla. App. LEXIS 17190

District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1700471

Cited 20 times | Published

v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973); § 61.001, et seq., Fla. Stat. (1971). As stated in Kern

Schutz v. Schutz

581 So. 2d 1290, 1991 WL 79246

Supreme Court of Florida | Filed: May 16, 1991 | Docket: 1283979

Cited 17 times | Published

promoting meaningful family relationships. See id. § 61.001(2)(a) (one of the purposes of chapter 61 is to

McConnell v. Union Carbide Corp.

937 So. 2d 148, 2006 WL 1750384

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1513132

Cited 16 times | Published

asbestos as hazardous air pollutant); 40 C.F.R. § 61.01 (since March 1971 designating asbestos as known

Hyman v. Hyman

310 So. 2d 378

District Court of Appeal of Florida | Filed: Feb 5, 1975 | Docket: 1281385

Cited 16 times | Published

stated in the preface thereto. See Fla. Stat. § 61.001(2)(b) and (c). Further, the act provides, "If

Wrona v. Wrona

592 So. 2d 694, 1991 WL 262906

District Court of Appeal of Florida | Filed: Dec 11, 1991 | Docket: 1428714

Cited 14 times | Published

the process of legal dissolution of marriage." § 61.001(2)(c), Fla. Stat. (1989). The role of the trial

Williams v. Spears

719 So. 2d 1236, 1998 WL 689855

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 1704989

Cited 10 times | Published

disputes that arise between parties to a marriage." § 61.001(2), Fla. Stat. (1997). Of particular import to

Mims v. Mims

305 So. 2d 787

District Court of Appeal of Florida | Filed: Oct 31, 1974 | Docket: 457087

Cited 10 times | Published

effects of the "no-fault" dissolution statute, F.S. § 61.001 et seq., and to turn every, or almost every, dissolution

Oliver v. Oliver

285 So. 2d 638

District Court of Appeal of Florida | Filed: Nov 23, 1973 | Docket: 1491174

Cited 10 times | Published

under the encouragement and guidelines found in § 61.001. In determining whether a marriage is irretrievably

Knipe v. Knipe

840 So. 2d 335, 2003 WL 354904

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 1464110

Cited 9 times | Published

the process of legal dissolution of marriage." § 61.001(2)(c), Fla. Stat. (2001). In compliance with the

Riley v. Riley

271 So. 2d 181

District Court of Appeal of Florida | Filed: Oct 30, 1972 | Docket: 1438387

Cited 9 times | Published

parties is irretrievably broken. NOTES [1] F.S.A. § 61.001(2)(a). [2] F.S.A. § 61.052(2). [3] McKim v.

Schneider v. Schneider

32 So. 3d 151, 2010 Fla. App. LEXIS 2930, 2010 WL 785814

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1662717

Cited 7 times | Published

work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should

Campagna v. Cope

971 So. 2d 243, 2008 WL 53547

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1446868

Cited 6 times | Published

petition. If any interpretation is required, section 61.001 explains the purposes of the chapter and states:

In Re Report of Fam. Ct. Steering Comm.

794 So. 2d 518, 2001 WL 1034530

Supreme Court of Florida | Filed: May 3, 2001 | Docket: 401441

Cited 6 times | Published

are consistent with the legislative policy in section 61.001, Florida Statutes (2000), which provides that

In the Interest of JMZ

635 So. 2d 134, 1994 Fla. App. LEXIS 3368, 1994 WL 122835

District Court of Appeal of Florida | Filed: Apr 13, 1994 | Docket: 1705499

Cited 5 times | Published

children caused by the process of legal dissolution. § 61.001(2), Fla. Stat. (1991). Although we understand

Schorb v. Schorb

547 So. 2d 985, 1989 WL 86790

District Court of Appeal of Florida | Filed: Aug 4, 1989 | Docket: 1738644

Cited 5 times | Published

construed to protect the spouse from possible harm. § 61.001, Fla. Stat. (1987). Dissolution proceedings are

McGraw v. R and R Investments, Ltd.

877 So. 2d 886, 2004 Fla. App. LEXIS 10715, 2004 WL 1606713

District Court of Appeal of Florida | Filed: Jul 20, 2004 | Docket: 1684427

Cited 4 times | Published

which may grant a plaintiff certain rights. Id. § 61.01. Since the equine liability statutes diminish common

Walton v. Turlington

444 So. 2d 1082, 15 Educ. L. Rep. 1398

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 452001

Cited 4 times | Published

the police reports. Erhardt, Florida Evidence, Section 61.1, page 199 states: "If the witness' memory is

Vitt v. Rodriguez

960 So. 2d 47, 2007 WL 1709535

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 1406191

Cited 3 times | Published

work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should

Monte De Oca v. State Farm Fire & Cas. Co.

897 So. 2d 471, 2004 WL 2955008

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1416390

Cited 3 times | Published

quoting 16 George J. Couch, Couch on Insurance § 61.1 (Ronald A. Anderson & Mark S. Rhodes eds., rev

Hughes v. Eleventh Judicial Circuit of Florida

274 F. Supp. 2d 1334, 2003 U.S. Dist. LEXIS 13585, 2003 WL 21800064

District Court, S.D. Florida | Filed: Aug 5, 2003 | Docket: 2361052

Cited 3 times | Published

qualifications, including pilot licensing (14 C.F.R. § 61.1 et seq.), pilot medical requirements (14 C.F.R

Williamson v. Williamson

353 So. 2d 880

District Court of Appeal of Florida | Filed: Dec 21, 1977 | Docket: 424399

Cited 3 times | Published

under the encouragement and guidelines found in § 61.001. In determining whether a marriage is irretrievably

De La Cruz v. Bankers Insurance

237 F. Supp. 2d 1370, 2002 U.S. Dist. LEXIS 24786, 2002 WL 31863679

District Court, S.D. Florida | Filed: Oct 22, 2002 | Docket: 2276738

Cited 2 times | Published

set by federal regulations. See 44 C.F.R. *1373 § 61.1 et seq. "[F]ederal common and statutory law preempts

Blackburn-Gardner v. Edwards (In Re Edwards)

261 B.R. 523, 2001 Bankr. LEXIS 705, 2001 WL 418751

United States Bankruptcy Court, M.D. Florida | Filed: Apr 19, 2001 | Docket: 1740307

Cited 2 times | Published

to the statutory requirements under Fla. Stat. § 61.01, the Former Wife had no marketable skills and was

Davis v. Hilton

780 So. 2d 974, 2001 Fla. App. LEXIS 2465, 2001 WL 219110

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 64804418

Cited 2 times | Published

process of legal dissolution of mar*977riage. § 61.001(2)(b) & (c), Fla.Stat. (2000). These statutory

Waldman v. Waldman

612 So. 2d 703, 1993 WL 17163

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 1262989

Cited 2 times | Published

process of legal dissolution of marriage. See § 61.001, Fla. Stat. (1991). On the other hand, we find

Otto v. City of Boca Raton

353 F. Supp. 3d 1237

District Court, S.D. Florida | Filed: Feb 13, 2019 | Docket: 64322177

Cited 1 times | Published

age"); N.H. Rev. Stat. § 332-L:2 ; N.M. Stat. Ann. § 61-1-3.3 (West 2017) (A person who is licensed to provide

Coltea v. Coltea

856 So. 2d 1047, 2003 WL 22239333

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1298047

Cited 1 times | Published

work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should

Cole v. Cole

648 So. 2d 252, 1994 Fla. App. LEXIS 12547, 1994 WL 715215

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 64753248

Cited 1 times | Published

the process of legal dissolution of marriage.” § 61.001(2)(c), Fla.Stat. (1993). We agree with the husband

Harrell v. Friend

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511404

Published

Rosen, 696 So. 2d 697, 700 (Fla. 1997); see also § 61.001, Fla. Stat. (stating that Chapter 61, Florida

ESTHER ALARCON v. SETH DAGEN

District Court of Appeal of Florida | Filed: Nov 1, 2023 | Docket: 67934543

Published

potential harm to the spouses and their children.” § 61.001(2), Fla. Stat. Section 61.16(1), Florida

BRADLEY ENGLE v. MICHELLE K. ENGLE

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875046

Published

process of legal dissolution of marriage." § 61.001(2)(c). Finally, the reality of

Oliver v. Stufflebeam

155 So. 3d 395, 2014 Fla. App. LEXIS 20831, 40 Fla. L. Weekly Fed. D 66

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 2618731

Published

adduced.”) (emphasis added); see also § 61.001, Fla. Stat. (2013) (stating the purpose of the

Lori A. Ford v. Michael Withers Ford

153 So. 3d 315, 2014 Fla. App. LEXIS 19525, 2014 WL 6674771

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609437

Published

13(2) and (3), Florida Statutes (2012). In section 61.001, the legislature clearly stated: (1) This chapter

Tampa Port Authority v. M/V DUCHESS

65 F. Supp. 2d 1305, 1998 U.S. Dist. LEXIS 21723, 1998 WL 1113273

District Court, M.D. Florida | Filed: Feb 4, 1998 | Docket: 2297779

Published

(citation omitted); see also 16 COUCH ON INSURANCE § 61:1 (2d rev. ed. Supp.1997) (insurer stands in shoes

Lanes v. Lanes

454 So. 2d 782, 9 Fla. L. Weekly 1866, 1984 Fla. App. LEXIS 14917

District Court of Appeal of Florida | Filed: Aug 29, 1984 | Docket: 64606481

Published

Riley v. Riley, 271 So.2d 181 (Fla. 1st DCA 1972); § 61.001(2)(a), Fla.Stat. (1983)), (3) the informal but

Morton F. Plant Hospital Ass'n v. McDaniel

425 So. 2d 1213, 1983 Fla. App. LEXIS 18571

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 64594905

Published

v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973); § 61.001, et seq., Fla.Stat. (1981); § 744.-301, Fla.Stat

Krieger v. Krieger

344 So. 2d 1346, 1977 Fla. App. LEXIS 15747

District Court of Appeal of Florida | Filed: May 3, 1977 | Docket: 64558212

Published

given a liberal construction by the courts. Section 61.001 states in part: *1352“1. This chapter shall

In re Freeman

84 So. 2d 544

Supreme Court of Florida | Filed: Dec 2, 1955 | Docket: 64487494

Published

to the circuit court under the provisions of Section 61.01, Fla.Stat.1953, F.S.A. That the Legislature