Florida Statute 61.052 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 61.052

Arrestable Offenses / Crimes under Fla. Stat. 61.052

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.052.

Annotations, Discussions, Cases:

Cases Citing Statute 61.052

Total Results: 20

Haslauer v. Haslauer

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

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

ROSIE LEE WILLIAMS vs ROGER WILLIAMS, SR.

Court: District Court of Appeal of Florida | Date Filed: 2023-07-13

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

KRISTA CARLTON v. VICTOR CARL ZANAZZI

Court: District Court of Appeal of Florida | Date Filed: 2019-03-06

Citation: 266 So. 3d 243

Snippet: the former wife in December 2016. See §§ 61.021, 61.052, Fla. Stat. (2016); Marshall v. Marshall, 988 So

McNeil v. Jenkins-McNeil

Court: District Court of Appeal of Florida | Date Filed: 2018-07-23

Citation: 252 So. 3d 354

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

Minda v. Minda

Court: District Court of Appeal of Florida | Date Filed: 2016-04-29

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-09-02

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

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

Oliver v. Stufflebeam

Court: District Court of Appeal of Florida | Date Filed: 2014-12-24

Citation: 155 So. 3d 395, 2014 Fla. App. LEXIS 20831

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

Romano v. Olshen

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 153 So. 3d 912, 2014 WL 940700

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

Drelich v. Guardianship of Drelich

Court: District Court of Appeal of Florida | Date Filed: 2013-10-16

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

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

Hall v. MAAL

Court: District Court of Appeal of Florida | Date Filed: 2010-03-30

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

Snippet: demonstrate the existence of a marriage license. § 61.052(7), Fla. Stat.; see, e.g., Cobo v. Sierralta, 13

Norris v. Norris

Court: District Court of Appeal of Florida | Date Filed: 2010-02-24

Citation: 28 So. 3d 953, 2010 Fla. App. LEXIS 2075, 2010 WL 624172

Snippet: judgment of dissolution of marriage. See §§ 61.031; 61.052, Fla. Stat. (2008). See generally Marjorie A. Schmoyer

Lande v. Lande

Court: District Court of Appeal of Florida | Date Filed: 2008-12-24

Citation: 2 So. 3d 378, 2008 Fla. App. LEXIS 19360, 2008 WL 5352144

Snippet: over a marriage, pursuant to sections 61.021 and 61.052, Florida Statutes, then it can dissolve the marital

Grey v. Grey

Court: District Court of Appeal of Florida | Date Filed: 2008-12-12

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

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

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-17

Citation: 991 So. 2d 962, 2008 WL 4223660

Snippet: accompanied by the defendant, went to the bank, closed a $61,052.18 matured certificate of deposit [CD], and, at

Marshall v. Marshall

Court: District Court of Appeal of Florida | Date Filed: 2008-08-27

Citation: 988 So. 2d 644

Snippet: over a marriage, pursuant to sections 61.021 and 61.052, Florida Statutes, then it can dissolve the marital

Snyder v. McLeod

Court: District Court of Appeal of Florida | Date Filed: 2007-12-28

Citation: 971 So. 2d 166, 2007 WL 4547394

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

Parker v. Parker

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 950 So. 2d 388, 2007 WL 268780

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

In re Amendments to the Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2006-09-28

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

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

Amendments to Fl. Family Law Rules of Proc.

Court: Supreme Court of Florida | Date Filed: 2006-09-28

Citation: 940 So. 2d 409

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

Jenkins v. Jenkins

Court: District Court of Appeal of Florida | Date Filed: 2005-12-21

Citation: 915 So. 2d 1248, 2005 WL 3479496

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