Florida Statute 61.191 - Full Text and Legal Analysis

61.191 Application.—

(1) This act applies to all proceedings commenced on or after July 1, 1971. However, pending actions for divorce are deemed to have been commenced on the bases provided in s. 61.052, and evidence as to such bases for dissolution of marriage after July 1, 1971, shall be in compliance with this act.

(2) This act applies to all proceedings commenced after July 1, 1971, for the modification of a judgment or order entered prior to July 1, 1971.

(3) In any action or proceeding in which an appeal was pending or a new trial was ordered prior to July 1, 1971, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.

History.—s. 21, ch. 71-241; s. 19, ch. 79-164.

Cases Citing F.S. 61.191

Fla. Stat. § 61.191 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972).
Cited 53 times | Published | Supreme Court of Florida
...[6] H.B. Holding Co. v. Girtman, 96 So.2d 781, 783 (Fla. 1957); Fry v. Hawley, 4 Fla. 258, 263-64 (1851). [7] Underwood v. Underwood, 64 So.2d 281, 288 (Fla. 1953). [8] This suit will proceed as to relief sought by petitioner under the old law. See new § 61.191....
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AbrogatedFernandez (1998)
phrase: "abrogated by"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2016)
phrase: "rule_authority"
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·Carmel v. Carmel, 282 So. 2d 6 (Fla. 3d DCA 1973).
Cited 12 times | Published | Florida 3rd District Court of Appeal
...which dictates reversal of his order of December 6, 1972. First, the court incorrectly held that the "No-Fault" Divorce Law can be applied retroactively and, therefore, an alimony award "may be adjustable so as to be rehabilitative in nature." F.S. § 61.191 F.S.A. very clearly expresses the mandate of the legislature that the No-Fault Divorce Law "applies to all proceedings commenced on or after July 1, 1971." F.S. § 61.191(1) F.S.A....
0 red0 yellow0 green2 procedural
Cert. deniedSmalley (1983)
phrase: "cert. denied"
Review deniedSmalley (1983)
phrase: "review denied"
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Keller v. Keller, 308 So. 2d 106 (Fla. 1974).
Cited 7 times | Published | Supreme Court of Florida
...This point of law was not analyzed by the trial court or the district court in their decisions, yet the "old" law would provide, based on the trial court's findings of fact, complete justification for petitioner's seemingly meager alimony award. The application of the new law's effective date (section 61.191(1), Fla....

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Cases Citing F.S. 61.191

·Belcher v. Belcher, 271 So. 2d 7 (Fla. 1972).

·Carmel v. Carmel, 282 So. 2d 6 (Fla. 3d DCA 1973).

Keller v. Keller, 308 So. 2d 106 (Fla. 1974).