Florida Statute 61.052 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.052

61.052 Dissolution of marriage.—

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

(a) The marriage is irretrievably broken.

(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.

(2) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s. 61.021 are met which may be corroborated by a valid Florida driver license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:

(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken.

(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or

2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or

3. Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage; attorney’s fees; and the preservation of the property of the parties.

(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.

(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.

(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 741 and shall not be included in the judgment of dissolution of marriage.

(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.

(8) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

History.—s. 7, ch. 71-241; s. 26, ch. 73-333; s. 38, ch. 81-259; s. 1, ch. 86-150; s. 114, ch. 86-220; s. 1, ch. 89-61; s. 107, ch. 89-96; s. 1, ch. 91-246; s. 2, ch. 93-188; s. 4, ch. 96-183; s. 1, ch. 96-392; s. 2, ch. 97-170; s. 3, ch. 97-242; s. 12, ch. 98-403; s. 1, ch. 99-375; s. 3, ch. 2008-61.

F.S. 61.052 on Google Scholar

F.S. 61.052 on CourtListener

Amendments to 61.052

Annotations, Discussions, Cases:

Cases Citing Statute 61.052

Total Results: 64

Ryan v. Ryan

277 So. 2d 266

Supreme Court of Florida | Filed: Mar 30, 1973 | Docket: 2450262

Cited 32 times | Published

question of law concerns that part of F.S., Section 61.052, F.S.A., reading: "(1) No judgment of dissolution

Shiffman v. Askew

359 F. Supp. 1225, 1973 U.S. Dist. LEXIS 13385

District Court, M.D. Florida | Filed: Jun 1, 1973 | Docket: 1038188

Cited 22 times | Published

marriage is "irretrievably broken." Florida Statute § 61.052 (1971), F.S.A. [2] The State has stipulated that

Taylor v. Taylor

279 So. 2d 364

District Court of Appeal of Florida | Filed: Jun 22, 1973 | Docket: 1522169

Cited 21 times | Published

the minor child, Heather, born in wedlock. Section 61.052(4), F.S. 1971, F.S.A., provides that no judgment

Guida v. Guida

870 So. 2d 222, 2004 WL 573847

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 103497

Cited 20 times | Published

harming, molesting, or interfering with Wife." Section 61.052(6), Florida Statutes (2002), provides that

Galbut v. Garfinkl

340 So. 2d 470

Supreme Court of Florida | Filed: Oct 7, 1976 | Docket: 1299565

Cited 17 times | Published

determine this fact, for the statute itself in § 61.052 provides in subsection (2) the basic predicate:

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

a period of at least three years (see section 61.052(1)(b), Florida Statutes). See appendices

Gillman v. Gillman

413 So. 2d 412

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1344464

Cited 15 times | Published

as to Florida residence must be corroborated. § 61.052(2), Fla. Stat. (1971). Appellee did not testify

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

divorce is more extensive if children are involved. § 61.052(2), Fla. Stat. (1989). During any period of continuance

Parker v. Parker

950 So. 2d 388, 2007 WL 268780

Supreme Court of Florida | Filed: Feb 1, 2007 | Docket: 1501756

Cited 13 times | Published

existence of a minor child to the marriage. See § 61.052, Fla. Stat. (1999) (requiring trial courts to

Fernandez v. Fernandez

648 So. 2d 712, 1995 WL 8963

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 1342397

Cited 12 times | Published

The motion alleged that the requirements of section 61.052, Florida Statutes (1991), were not satisfied

Hair v. Hair

402 So. 2d 1201

District Court of Appeal of Florida | Filed: Jul 8, 1981 | Docket: 1691406

Cited 10 times | Published

husband's motion for marriage counselling. See § 61.052, Fla. Stat. (1979). Second, there was competent

Oliver v. Oliver

285 So. 2d 638

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

Cited 10 times | Published

statutes, we would agree that the criteria of § 61.052, F.S. 1971, F.S.A., that a marriage is irretrievably

Dent v. Dent

851 So. 2d 819, 2003 WL 21749069

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1313213

Cited 9 times | Published

marital assets prior to a final hearing. See, e.g., § 61.052(3), Fla. Stat. (2002); see also Kalmanson v. Kalmanson

Riley v. Riley

271 So. 2d 181

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

Cited 9 times | Published

mental incompetence of one of the parties. F.S.A. § 61.052. The Legislature has not seen fit to promulgate

Amendments to the Florida Family Law Rules

713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1732751

Cited 7 times | Published

information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. Special notes... Remember

Orbe v. Orbe

651 So. 2d 1295, 20 Fla. L. Weekly Fed. D 705

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 1518268

Cited 7 times | Published

Beaucamp, 508 So.2d 419 (Fla. 2d DCA 1987). Under section 61.052(2), a Florida driver's license or Florida voter

Klarish v. Klarish

296 So. 2d 497

District Court of Appeal of Florida | Filed: Jun 18, 1974 | Docket: 1617074

Cited 7 times | Published

Fla.App. 1973, 287 So.2d 144. Second, Fla. Stat. § 61.052(2), F.S.A. clearly states that "if, at anytime

Vaughan v. Guardianship of Vaughan

648 So. 2d 193, 19 Fla. L. Weekly Fed. D 2617

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 1342691

Cited 6 times | Published

The appellant Norma Vaughan contends that section 61.052 and section 744.3215, when read together, are

Birnbaum v. Birnbaum

615 So. 2d 241, 1993 WL 63484

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 1658664

Cited 6 times | Published

plead that the marriage is irretrievably broken. § 61.052, Fla. Stat. (1991). A party may initiate this

Wise v. Wise

310 So. 2d 431

District Court of Appeal of Florida | Filed: Apr 9, 1975 | Docket: 1116628

Cited 6 times | Published

021, Florida Statutes, must be corroborated. Section 61.052, Florida Statutes. As appellee failed to properly

Minda v. Minda

190 So. 3d 1126, 2016 WL 1718854, 2016 Fla. App. LEXIS 6621

District Court of Appeal of Florida | Filed: Apr 29, 2016 | Docket: 60254752

Cited 5 times | Published

be used to corroborate residency pursuant to section 61.052(2). However, the possession of a Florida driver’s

Snyder v. McLeod

971 So. 2d 166, 2007 WL 4547394

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 2452559

Cited 5 times | Published

1042 (Fla. 4th DCA 1978).[2] Additionally, section 61.052(2) provides that proof of a valid Florida driver's

Shammay v. Shammay

491 So. 2d 284

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1383433

Cited 5 times | Published

dissolution of marriage proceeding, pursuant to section 61.052, Florida Statutes (1985), nor a proceeding

Romano v. Olshen

153 So. 3d 912, 2014 WL 940700

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60245368

Cited 4 times | Published

dissolution proceeding for “at least 3 years.” § 61.052(l)(b), Fla. Stat. (2012).5 The Accumulation of

Rowland v. Rowland

868 So. 2d 608, 2004 WL 503755

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 451952

Cited 4 times | Published

driver's license as proof of her residency. Section 61.052(2) allows corroboration of residency through

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. Special notes ... Remember

Coons v. Coons

765 So. 2d 167, 2000 WL 889843

District Court of Appeal of Florida | Filed: Jul 6, 2000 | Docket: 428757

Cited 4 times | Published

that the marriage is irretrievably broken.... § 61.052(2), Fla. Stat. (1997); see Orbe v. Orbe, 651 So

Mogul v. Mogul

730 So. 2d 1287, 1999 WL 299580

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 222597

Cited 4 times | Published

statutory minimum time period had run, pursuant to section 61.052(1)(b), Florida Statutes (1997), Max Mogul as

Horne v. Horne

711 So. 2d 1310, 1998 WL 282768

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1337863

Cited 4 times | Published

whether a marriage is irretrievably broken, see section 61.052(2)(b)1, Florida Statutes (1995), once the marriage

Lewis v. Lewis

665 So. 2d 322, 1995 WL 749630

District Court of Appeal of Florida | Filed: Dec 20, 1995 | Docket: 1351802

Cited 4 times | Published

affect an unequal distribution pursuant to section 61.052, Florida Statutes (1993). Such discretion would

Kindle v. Kindle

629 So. 2d 176, 1993 WL 424190

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 1263382

Cited 4 times | Published

bigamy as a basis for a dissolution (divorce). Section 61.052, Florida Statutes (1991), allows dissolution

Maszewski v. Piskadlo

318 So. 2d 226

District Court of Appeal of Florida | Filed: Jul 25, 1975 | Docket: 1739153

Cited 4 times | Published

being or becoming "irretrievably broken." F.S. § 61.052 (1)(a). We may assume that the public policy of

Andrade v. Andrade

720 So. 2d 551, 1998 WL 484122

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 1371604

Cited 3 times | Published

relevant times and that Appellant knew this. Section 61.052(1)(b), Florida Statutes, provides that a dissolution

Copas v. Copas

687 So. 2d 885, 1997 WL 30296

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1718531

Cited 3 times | Published

508 So.2d 419 (Fla. 2d DCA 1987). Finally, section 61.052(2) provides that corroborating evidence of

Williamson v. Williamson

353 So. 2d 880

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

Cited 3 times | Published

statutes, we would agree that the criteria of § 61.052, F.S. 1971, F.S.A., that a marriage is irretrievably

Kipnis v. Kipnis

330 So. 2d 67

District Court of Appeal of Florida | Filed: Mar 30, 1976 | Docket: 1774439

Cited 3 times | Published

become tenancies in common. The rationale that § 61.052(2)(b)3, Fla. Stat.,[1] is authority for an interlocutory

Lois Zelman v. Martin Zelman, Robert Zelman, Lisa Held and Curtis Rogers

175 So. 3d 871, 2015 Fla. App. LEXIS 13075

District Court of Appeal of Florida | Filed: Sep 2, 2015 | Docket: 2690046

Cited 2 times | Published

implications of prenuptial agreements and, perhaps, section 61.052(l)(b), Florida Statutes (2014), 1

Hall v. MAAL

32 So. 3d 682, 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

District Court of Appeal of Florida | Filed: Mar 30, 2010 | Docket: 1662589

Cited 2 times | Published

demonstrate the existence of a marriage license. § 61.052(7), Fla. Stat.; see, e.g., Cobo v. Sierralta,

Jenkins v. Jenkins

915 So. 2d 1248, 2005 WL 3479496

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1311022

Cited 2 times | Published

the testimony or affidavit of a third party...." § 61.052(2), Fla. Stat. (2004). Residency has been defined

Hunter v. Hunter

736 So. 2d 801, 1999 WL 497505

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 310016

Cited 2 times | Published

[Florida] voter registration [card]." Pursuant to section 61.052(2), Florida Statutes (1997), an allegation

Goldberg v. Goldberg

643 So. 2d 656, 1994 WL 539183

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1492943

Cited 2 times | Published

divorce from his incompetent wife. Based on section 61.052(1)(b), Florida Statutes (1993), the trial court

Glazer v. Glazer

394 So. 2d 140

District Court of Appeal of Florida | Filed: Jan 14, 1981 | Docket: 1315754

Cited 2 times | Published

that marriage's being irretrievably broken, Section 61.052(2)(b), Florida Statutes (1979), required the

Drelich v. Guardianship of Drelich

201 So. 3d 15, 2013 WL 5629770, 2013 Fla. App. LEXIS 16449

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60256968

Cited 1 times | Published

dissolution proceeding for three years pursuant to section 61.052(l)(b), Florida Statutes (2013).1 The wife alleged

Amendments to Fl. Family Law Rules of Proc.

940 So. 2d 409

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 1523908

Cited 1 times | Published

information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. Special notes . . .

Speigner v. Speigner

621 So. 2d 758, 1993 WL 242659

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 1677684

Cited 1 times | Published

Gillman 413 So.2d 412 (Fla. 4th DCA 1982). Section 61.052(2) requires that proof of compliance with the

Nooe v. Nooe

277 So. 2d 835

District Court of Appeal of Florida | Filed: May 11, 1973 | Docket: 1730537

Cited 1 times | Published

was without authority to make such a finding. Section 61.052(2)(b), Florida Statutes, F.S.A., provides:

Haslauer v. Haslauer

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313502

Published

proceedings and appeals” (emphasis supplied)); cf. § 61.052(3), Fla. Stat. (listing the interim orders that

ROSIE LEE WILLIAMS vs ROGER WILLIAMS, SR.

District Court of Appeal of Florida | Filed: Jul 13, 2023 | Docket: 67754748

Published

his being found to be totally incapacitated, section 61.052(1)(b), Florida Statutes (2022), requires that

McNeil v. Jenkins-McNeil

252 So. 3d 354

District Court of Appeal of Florida | Filed: Jul 23, 2018 | Docket: 7588435

Published

Former Husband’s residency in Florida. Section 61.052(2), Florida Statutes (2015), requires that

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

a dissolution of that marriage can be granted. § 61.052(1)(a), Fla. Stat. (2013) (requiring that facts

Grey v. Grey

995 So. 2d 623, 2008 Fla. App. LEXIS 18612, 2008 WL 5191670

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 64856898

Published

the state before the filing of the petition.” Section 61.052(2) requires that proof of compliance with this

In re Amendments to the Florida Family Law Rules of Procedure

940 So. 2d 409, 31 Fla. L. Weekly Supp. 627, 2006 Fla. LEXIS 2366, 2006 WL 2771540

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 64847480

Published

information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. Special notes ... Remember

In re Amendments to the Florida Family Law Rules of Procedure

783 So. 2d 937, 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 64805061

Published

rules committee seeks in part to comport with section 61.052(2), Florida Statutes (1999), insofar as that

In re Amendments to the Florida Family Law Rules of Procedure

783 So. 2d 937, 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 64805061

Published

rules committee seeks in part to comport with section 61.052(2), Florida Statutes (1999), insofar as that

Amendments to the Florida Family Law Forms

759 So. 2d 583, 24 Fla. L. Weekly Supp. 321, 1999 Fla. LEXIS 1174, 1999 WL 462636

Supreme Court of Florida | Filed: Jul 1, 1999 | Docket: 64797771

Published

social security number is _ , as required in section 61.052(7), sections 61.13(9) or (10), section 742

Gaines v. Sayne

727 So. 2d 351, 1999 Fla. App. LEXIS 1596, 1999 WL 76431

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 64786495

Published

dissolution alleging that the requirements of section 61.052, Florida Statutes (1991), were not satisfied

Cooper v. Cooper

725 So. 2d 1175, 1998 Fla. App. LEXIS 15889, 1998 WL 879667

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64786030

Published

legislature should reexamine the contents of section 61.052(1), Florida Statutes (1997). Charles and Evelyn

Salzverg v. Salzverg

696 So. 2d 1278, 1997 WL 375066

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1325710

Published

depart from the essential requirements of the law, § 61.052(2), Fla. Stat. (1995); Tunderman v. Lee, 585 So

Fernandez v. Fernandez

632 So. 2d 638, 1994 Fla. App. LEXIS 189, 1994 WL 16644

District Court of Appeal of Florida | Filed: Jan 21, 1994 | Docket: 64746562

Published

appellee alleged that since the requirements of section 61.052, Florida Statutes (1991), were not met the

Vaughan v. Vaughan

630 So. 2d 1150, 1993 Fla. App. LEXIS 11978, 1993 WL 495973

District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 64746004

Published

§§ 744.3215(4), 744.3725 and 61.052(l)(b). Section 61.052(l)(b) indicates mental incapacity of a spouse

Florida Bar Re Amendment to Florida Rules of Civil Procedure

450 So. 2d 810

Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 64605088

Published

corroborative evidence of residence to comply with section 61.052(2), Florida Statutes (1981), and the need for

Cannon v. Cannon

323 So. 2d 9, 1975 Fla. App. LEXIS 18867

District Court of Appeal of Florida | Filed: Dec 5, 1975 | Docket: 64550809

Published

point out the disparity in the language of F.S. Section 61.052, which deals with dissolution of marriage and

Carrigan v. Carrigan

283 So. 2d 574, 1973 Fla. App. LEXIS 6657

District Court of Appeal of Florida | Filed: Oct 12, 1973 | Docket: 64534728

Published

v. Riley, Fla.App.1972, 271 So.2d 181; F.S. section 61.052(2)(a), F.S.A. The trial judge therefore erred

Neel v. Neel

255 So. 2d 698, 1971 Fla. App. LEXIS 5640

District Court of Appeal of Florida | Filed: Sep 9, 1971 | Docket: 64523598

Published

one of the parties. (Section 7, adding new Section 61.052). The traditional fault-oriented grounds for