Florida/Georgia Personal Injury & Workers Compensation

...asic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla.Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla.Stat....

...ngful 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. § 61.001(2), Fla....

...ressly extend protection beyond arrearage. Chapter 61 was enacted to promote the amicable settlement of marital disputes and "[t]o mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage." § 61.001(2)(c), Fla. Stat. (1985). That section, entitled "Purpose of chapter" also provides that the provisions of chapter 61 shall be liberally construed and applied to further those purposes. § 61.001(1), Fla....

...... or to otherwise secure such alimony award" when read in pari materia with the rest of chapter 61 and its stated purpose "[t]o mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage." § 61.001(2)(c), Fla....

...It is also important for us to consider the legislative statute governing dissolution of marriage in resolving the question of what constitutes the practice of law in this area. Florida's "no fault" dissolution of marriage statute clearly has the remedial purpose of simplifying the dissolution of marriage whenever possible. Section 61.001, Florida Statutes (1975) states: (1) This chapter shall be liberally construed and applied to promote its purposes....

...The legislature has expressly declared that the purpose of our no-fault system is "[t]o promote the amicable settlement" of marital disputes and "[t]o mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage." § 61.001, Fla....

...t rule of law." Rosen, 696 So.2d at 700; § 61.011, Fla. Stat. (2000). This chapter is to be construed liberally and applied "[t]o mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage." § 61.001(c), Fla....

...sic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla.Stat....

...[7] Our analysis is consistent with the purpose of chapter 61. An award of fees despite the existence of a binding settlement agreement would be inconsistent with one of the primary purposes of chapter 61, which is "[t]o promote the amicable settlement of disputes." § 61.001(b), Fla....

...actors, including who prevailed and the nature of the proceeding brought by the fee seeking party." Id. Lastly, our reasoning is consistent with the legislative direction that the provisions of chapter 61 are to be "liberally construed and applied," § 61.001(1), and also with our holding in Rosen that section 61.16 should be "liberally—not restrictively— construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." 696 So.2d at 700....

...Foley, 247 So.2d 40, 44 (Fla. 1971). This trend was embodied in a sweeping reformation of the law which now places the mother and father on an equal footing in relation to their obligations to support their minor children. Birge v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973); § 61.001, et seq., Fla....

...In resolving the matter, the court also properly considered the father's constitutionally protected "inherent right" to a meaningful relationship with his children, [3] a personal interest which in this case is consistent with the state's interest in promoting meaningful family relationships. See id. § 61.001(2)(a) (one of the purposes of chapter 61 is to "safeguard meaningful family relationships")....

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

...The order would further be appealable within 30 days of the final determination in the case. An interlocutory dissolution with an express reservation of jurisdiction also appears consistent with the liberal purposes of the no-fault divorce act stated in the preface thereto. See Fla. Stat. § 61.001(2)(b) and (c)....

...erests of the children or jeopardizes the sources for payment of needed alimony. A primary purpose of Florida's divorce law is "to mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage." § 61.001(2)(c), Fla....

...d jointly." The stated legislative purposes of chapter 61 include "to preserve the integrity of marriage and to safeguard meaningful family relationships" and "to promote the amicable settlement of disputes that arise between parties to a marriage." § 61.001(2), Fla....

...ellor in determining the financial aspects of the judgment in a dissolution action. [3] See F.S. § 61.08(2). But to permit this complaint to stand would simultaneously be to destroy the beneficent effects of the "no-fault" dissolution statute, F.S. § 61.001 et seq., and to turn every, or almost every, dissolution case into two cases — one to secure a dissolution *790 from the chancellor, and another, to secure damages from a jury or trial judge, for the "wrongs" done by a tortious spouse....

...This is more a case of economics than anything else." Thus, the husband was not allowed to introduce any evidence as to the wife's marital conduct. This suit was brought under the 1971 Dissolution of Marriage Statute, Chapter 61, F.S., F.S.A., Laws of 1971. We set forth the three sections we deem pertinent: "61.001 Purpose of Chapter....

...." (Emphasis supplied.) Looking at these statutes, we would agree that the criteria of § 61.052, F.S. 1971, F.S.A., that a marriage is irretrievably broken as concerns the dissolution may be satisfied under the encouragement and guidelines found in § 61.001....

...failed to prove by a preponderance of the evidence that the marriage was irretrievably broken. I would affirm the Chancellor's ruling that the evidence fails to demonstrate that the marriage of these parties is irretrievably broken. NOTES [1] F.S.A. § 61.001(2)(a)....

...result, a trial judge is not precluded from fine tuning the final judgment to improve the children's lives. One stated purpose of Chapter 61 is to "mitigate the potential harm to ... children caused by the process of legal dissolution of marriage." § 61.001(2)(c), Fla....

...[Proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla....

...These guiding principles are also in accord with the spirit of the American Bar Association's Policy on Unified Family Courts, which it adopted in August 1994. [6] The Committee's recommended guiding principles also are consistent with the legislative policy in section 61.001, Florida Statutes (2000), which provides that the purpose of chapter 61 (the chapter concerning dissolution of marriage, support, and custody) is: "(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." § 61.001(2)(a)-(c)....

...claims made by a parent while the relevant child is still a minor. We are inclined to believe that a plain reading of the statute discloses no limitation based on the age of the child at the filing of the petition. If any interpretation is required, section 61.001 explains the purposes of the chapter and states: (1) This chapter shall be liberally construed and applied....

...ngful 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. § 61.001....

...spouse living with a child. Since the order entered by the lower court does not involve a child, it must be vacated by the trial court on remand. *988 We recognize that chapter 61 must be liberally construed to protect the spouse from possible harm. § 61.001, Fla....

...ge and safeguarding meaningful family relationships, (b) promoting amicable settlements or disputes that arise between parties to a marriage, and (c) mitigating potential harm to spouses and their children caused by the process of legal dissolution. § 61.001(2), Fla....

...ustody arrangements are in the best interest of the child. No one has argued that the provisions of section 61.13(7) are inapplicable to the case at bar on the ground that they did not become effective until after the custody petition was filed. [2] § 61.001(1), Fla....

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

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

...sic rules of fairness as opposed to the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla....

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

...After examining Chapter 61, Florida Statutes, that court stated: "Looking at these statutes, we would agree that the criteria of § 61.052, F.S. 1971, F.S.A., that a marriage is irretrievably broken as concerns the dissolution may be satisfied under the encouragement and guidelines found in § 61.001....

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

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

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

...tances permitting a set off of past due support obligations. Prompt payment of all child support obligations is of great import to ensure each child's welfare and mitigate harm to the child caused by the process of legal dissolution of marriage. See § 61.001, Fla....

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

...In the words of the supreme court: "proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla....

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

...pport or alimony.” Id. at 697 . All concerned should keep in mind that a primary purpose of Florida’s divorce law is “[t]o mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.” § 61.001(2)(c), Fla.Stat....

...& Prof’l Regulation, 662 So. 2d 1299, 1301 (Fla. 4th DCA 1995) (recognizing DBPR had “implied authority” to make rules to the extent necessary to implement unrepealed statutes). I point to three different statutory provisions for such authority: sections 61.001, and 61.13(2) and (3), Florida Statutes (2012). In section 61.001, the legislature clearly stated: (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 relation...

....... (t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule. § 61.13(3), Fla. Stat. (2012) (emphasis added). In addition to sections 61.001, and 61.13(2), (3), I also submit section 61.122, Florida Statutes (2012), lends support to the notion that the legislature intended for courts to have authority to order parents to attend therapy or counseling when necessary to protect the best interest of children....

...est interest of child in order “to mitigate the potential harm to . . . the[] children 9 caused by the process of legal dissolution of marriage,” and “to safeguard meaningful family relationships.” § 61.001(2), Fla....

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

...1st DCA 2020). 4  Family law is a very fact-dependent area of law. “[P]roceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law.” Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997); see also § 61.001, Fla. Stat....

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

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

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

...third party. We now recognize that both parents, rather than just the father, are obligated to support their children consistent with their financial circumstances and the child’s requirements. Birge v. Simpson, 280 So.2d 482 (Fla. 1st DCA 1973); § 61.001, et seq., Fla.Stat....

...4th DCA 1973) (“It seems clear now that failure to contest the allegation that the marriage is irretrievably broken, or a stipulation that it is so broken, does not suffice. The chancellor must make that finding based upon the evidence adduced.”) (emphasis added); see also § 61.001, Fla....

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

...ot attempt to obtain a divorce, (2) the parties’ apparent, albeit some times rocky, attempt to reconcile (which is favored by the law, see Little v. Little, 298 So.2d 474, 475 (Fla. 1st DCA 1974); Riley v. Riley, 271 So.2d 181 (Fla. 1st DCA 1972); § 61.001(2)(a), Fla.Stat....