Florida Statutes
Fla. Stat. § 743.01 (2025)
Removal of disabilities of married minors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
743.01 Removal of disabilities of married minors.—The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one whose marriage is dissolved, or who is widowed, or widowered, is removed. The minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor.
History.—ss. 1, 2, ch. 7364, 1917; RGS 3962, 3963; s. 1, ch. 9286, 1923; CGL 5881, 5882, 5883; s. 1, ch. 22750, 1945; s. 1, ch. 71-147; s. 1, ch. 73-300; s. 1063, ch. 97-102.
Notes of Decisions
Cited in 15
cases, 1946–2018 · leading case: Schmitt v. State, 590 So. 2d 404 (Fla. 1991).
Schmitt v. State, 590 So. 2d 404 (Fla. 1991). “Fla. Stat. § 743.01 (1989). [11] In dictum the majority expressed some concern that such a judicial revision of the statute "might be barred by the Due Process Clause" (emphasis added).”
Flm v. Dep't of Child. & Fams., 912 So. 2d 1264 (Fla. 4th DCA 2005). “See § 743.01, Fla. Stat. (2004) ("The disability of nonage of a minor who is married or has been married or subsequently becomes married .”
Attorney Ad Litem for DK v. Parents of DK, 780 So. 2d 301 (Fla. 4th DCA 2001). “" § 743.01, Fla. Stat. (2000). Moreover, the disabilities of non-age are removed in a limited fashion for any child over the age of 13 to request treatment when the child experiences an emotional crisis to such a degree that the child perceives the need for such services.”
Brennan v. State, 754 So. 2d 1 (Fla. 1999). “(1987), enter into a contract, compare § 743.01 with § 743.07, Fla. Stat. (1987), or sue or be sued.”
LeCroy v. State, 533 So. 2d 750 (Fla. 1988). “(1987), enter into a contract, compare § 743.01 with § 743.07, Fla. Stat. (1987), or sue or be sued.”
Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993). “; §§ 743.01-.07, Fla. Stat. (1991) (recognizing the disability of nonage of minors).”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “, the jury should be instructed with respect to § 743.01 et seq. This instruction was adopted in 1998 [ 723 So.”
Buckner v. Fam. Servs. of Cent. Florida, 876 So. 2d 1285 (Fla. 5th DCA 2004). “The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.”
Guadalupe v. Peterson, 779 So. 2d 494 (Fla. 2d DCA 2000). “Here, the trial court determined that section 743.01, Florida Statutes (1997), which removes the disability of nonage of a minor who is married, changes the decedent's status from that of a minor to that of an adult for the purpose of section 768.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015). “, the jury should be instructed with respect to § 743.01 et seq. 11.10(a) LEWD OR LASCIVIOUS BATTERY (ENGAGING IN SEXUAL ACTIVITY) § 800.”
Harper v. Harper, 848 So. 2d 1179 (Fla. 2d DCA 2003). “However, marriage was an emancipating act under common law, and marriage is an emancipating act under section 743.01 for children who are dependent because of their age.”
Campbell v. State, 771 So. 2d 1205 (Fla. 2d DCA 2000). “See § 743.01, Fla. Stat. (1997) (allowing for emancipation through marriage); § 743.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.