CopyCited 22 times | Published | District Court, M.D. Florida | 1973 U.S. Dist. LEXIS 13385
...Schwartz, of Schwatrz, Schwartz & Lo Pucki, Gainesville, Fla., for defendants. MEMORANDUM OPINION HODGES, District Judge. Following the lead of recent decisions concerning statutory durational residency requirements, the Plaintiffs in these cases challenge the constitutionality of Florida Statute § 61.021 (1971), F.S.A....
...[2] The State has stipulated that the Plaintiffs fairly and adequately represent a class of individuals "who are bona fide residents of the State of Florida, who have lived in the State for less than six (6) months, and who, but for the provisions of Florida Statute 61.021, would immediately petition a Circuit Court in the State of Florida for a Dissolution of Marriage." [3] The two separate actions, virtually identical in form and substance, were consolidated pursuant to Rule 42(a), F.R....
...Cook,
342 U.S. 126,
72 S.Ct. 157,
96 L.Ed. 147 (1951). [9] Florida Statute §
61.052(2) (1971), F.S.A., provides in part: "Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of §
61.021 are met, the court shall dispose of the petition for dissolution of marriage as follows ....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3019578
...ding in Mexico which does not specifically include child custody issues, is a "child custody proceeding" within the meaning of the UCCJEA. [5] *457 Affirmed. NOTES [1] Judge Cortiñas did not hear oral argument, but participated in the decision. [2] Section 61.021, Florida Statutes (2002), titled "Residence requirements," provides: "To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition." [3] Mr....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
..._, fill out this form. *1126 INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(i), CERTIFICATE OF CORROBORATING WITNESS To get a divorce in Florida, either the husband or the wife must have lived in Florida for 6 months before filing the petition. See section 61.021, Florida Statutes....
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...The husband appeals a final judgment of dissolution of marriage, granted by the trial court on petition of the wife, contending the trial court was without jurisdiction. We agree and reverse. To obtain a dissolution of marriage, the party filing the proceeding must reside in Florida for six months before filing the petition. § 61.021, Fla....
...the petition was filed in January of 1980, appellee had been a Florida resident for not more than four months. The witness's further testimony as to appellee's residence was unclear, confusing and did not dispel the effect of her previous testimony. Section 61.021, Florida Statutes (1971), requires the party filing the proceeding to reside six months in the state before filing the petition....
CopyCited 14 times | Published | District Court, N.D. Florida | 1984 U.S. Dist. LEXIS 23272
...law review article by Russell Coombs (a draftsman of Section 1738A). ["Jurisdiction, Recognition and Enforcement," 66 Minn.L. Rev. 711 (June 1982), at page 822, n. 643.] In Florida, "residence" for purposes of divorce and child custody matters under Section 61.021, Florida Statutes, is deemed to mean both residence and domicile....
CopyCited 12 times | Published | Supreme Court of Florida | 1995 WL 8963
...The district court reversed and remanded for reinstatement of the final judgments. In Florida, in order to obtain a dissolution of marriage, one of the parties to the marriage must reside in the state six months prior to the filing of a petition for dissolution. § 61.021, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1992 WL 106958
...The court based this conclusion on the fact that the husband states that he is a resident of Florida. The trial court erred in its conclusion. Even assuming, arguendo, that the husband is a resident of Florida for at least six months prior to the filing of his petition for dissolution as required by section 61.021 of the Florida Statutes (1991), [1] this fact alone does not automatically confer upon the trial court personal jurisdiction over the wife because the residence of a wife does not necessarily follow that of her husband when facts pertinent to her particular case indicate otherwise....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 27799
...Walton Beach, for appellee. ERVIN, Judge. Harry Louis Eckel appeals an order of the circuit court dismissing his petition for dissolution of marriage for lack of personal jurisdiction. Concluding that Mr. Eckel has satisfied the residency requirements of Section 61.021, Florida Statutes, we reverse the order of dismissal....
...h capacity until the filing of his petition. Despite his prolonged absence from Florida, he has nonetheless maintained an account with the Eglin Federal Credit Union, has a current Florida driver's license, and has voted in Florida since 1968. *1020 Section 61.021, Florida Statutes, requires, in order for one to obtain a dissolution of marriage in Florida, that "one of the parties to the marriage must reside six months in the state before the filing of the petition." The six-month residency requ...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 9027, 2001 WL 726002
...ect of statute). Statutes often require that a person be a resident for at least a specific period in order to qualify for some legal benefit. For example, a couple cannot divorce in Florida unless one of them has been a resident for six months. See § 61.021, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 19360, 2008 WL 5352144
...The trial court properly determined that it had jurisdiction to dissolve the parties' marriage, equitably distribute the parties' marital property, and enter a child support award. "Under the divisible divorce concept, if the trial court has subject matter jurisdiction over a marriage, pursuant to sections
61.021 and
61.052, Florida Statutes, then it can dissolve the marital relationship....
...v. Marshall,
988 So.2d 644, 648 (Fla. 4th DCA 2008) (citation omitted). Here, the trial court had subject matter jurisdiction over the parties' marriage because the former husband has been a continuous resident of Florida since October of 2000. See §
61.021, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 705
...But if the court has personal jurisdiction over only one spouse, it can still dissolve the marital relationship of the parties, provided the subject matter requirement for jurisdiction is met (six months residency of that spouse in Florida prior to filing the petition). § 61.021, Fla....
...since 1977. The only possible deficiency in Lawrence's petition discernable to this court is that he failed to include the language "immediately prior to filing the petition" in his residence allegation. Instead, his petition tracks the language of section 61.021....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...r marriage dissolution, and (2) intends to remain indefinitely in Florida but has not been granted a permanent residency status by the United States Immigration and Naturalization Service, satisfies the six-month residency requirement established by Section 61.021, Florida Statutes (1981), for bringing a marriage dissolution action in the Florida courts....
...ied." The wife has filed a timely appeal from this final order. Implicit in the order denying the wife's petition for marriage dissolution is the trial court's ruling that the wife failed to satisfy the six-month residency requirement established by Section 61.021, Florida Statutes (1981), for filing a marriage dissolution action in the Florida courts. This statute provides: "To obtain a dissolution of marriage the party filing the proceeding must reside six months in the state before filing the petition, but this does not affect any suit filed before October 1, 1957." § 61.021, Fla....
...in this country does not constitute in itself an absolute residency bar to the maintenance of a marriage dissolution action by the alien in the Florida courts, although these factors are certainly evidentiary on the issue of domiciliary intent under Section 61.021, Florida Statutes (1981)....
...wife herein "has resided in the state of Florida over six months prior to the filing of the [p]etition and intends to remain in the state of Florida." Given this finding, it is plain that the wife satisfied the six-month residency requirement under Section 61.021, Florida Statutes (1981), for bringing a marriage dissolution action in Florida....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section
61.021, Florida Statutes or section
61.052(2), Florida Statutes....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1990 WL 38712
...The wife proved excusable neglect by the affidavit of her Pennsylvania attorney. The facts asserted in that affidavit were not disputed by the husband. The wife asserts a meritorious defense in that she vigorously contests the husband's six-month residency in Florida prior to the filing of his petition as required by section 61.021, Florida Statutes (1989)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1207
...trial court lacked subject matter jurisdiction. We agree and reverse because the wife's evidence was insufficient to establish that she was a resident of Florida for the required six-month period preceding the filing of her petition for dissolution. § 61.021, Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 2001 WL 1034530
engaging in destructive adversarial litigation. See §
61.21(1)(d), Fla. Stat. (1999) (parents receive maximum
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 63484
...ination of the latter. Davis v. Dieujuste,
496 So.2d 806 (Fla. 1986). In order for the trial court to have jurisdiction to dissolve a marriage, one of the parties to the marriage must reside six months in the state before the filing of the petition. §
61.021, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1990 WL 2698
...We affirm as to the August 16th order and reverse and remand as to the August 24th order. At the August 16th hearing, former husband alleged former wife had not met the six-month residence requirement as a prerequisite to bringing a dissolution action in Florida pursuant to section 61.021, Florida Statutes (1986)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...more than six months prior to the filing of his petition. No corroborative testimony was adduced by either party. To obtain a dissolution of marriage, the party filing the proceeding must reside in Florida for six months before filing the petition. Section 61.021, Florida Statutes....
...Kutner,
159 Fla. 870,
33 So.2d 42; Chisholm v. Chisholm,
98 Fla. 1196,
125 So. 694.) An admission of residence by an adverse party's responsive pleading cannot substitute for proof (Chisholm v. Chisholm, supra). Evidence of the residence requirements of Section
61.021, Florida Statutes, must be corroborated....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...77-1776. District Court of Appeal of Florida, Fourth District. October 4, 1978. Robert G. Murrell of Sam E. Murrell & Sons, Orlando, for appellant. DAUKSCH, Judge. We have on appeal a judgment dissolving a marriage. The question is one of jurisdiction and Section 61.021, Florida Statutes which requires residency....
...ident. As was said in Campbell v. Campbell,
57 So.2d 34 (Fla. 1952) there must be an actual presence in Florida coupled with an intention at that time to make Florida his residence. Judgment REVERSED. DOWNEY, C.J., and ANSTEAD, J., concur. NOTES [1] §
61.021, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...November 27, 1973. James I. Riley, Jacksonville, for appellant. David A. Hertz, Jacksonville, for appellee. PER CURIAM. The sole point posed by this appeal is whether appellant-husband has been a resident of the State of Florida for six months as required by F.S. § 61.021, F.S.A., in order to maintain an action for dissolution of marriage....
...ed that his permanent residence be Florida. There is no indication that appellant has ever established a permanent residence in a state other than Florida. The record overwhelmingly establishes that appellant meets the residency requirements of F.S. § 61.021, F.S.A....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...We construe this section as meaning that the defendant's residency in this state must proximately precede the commencement of an action. See Squitieri v. Squitieri, 196 N.J. Super. 76, 481 A.2d 585 (N.J.Super.Ct.Ch.Div. 1984); cf. Gillman v. Gillman,
413 So.2d 412 (Fla. 4th DCA 1982) (interpreting section
61.021, Florida Statutes (1971) as requiring the party filing dissolution to have resided in Florida six months next preceding the filing)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 4547394
...affidavit. We agree with Snyder that, on this record, the trial court should have granted her motion to dismiss. First, the record establishes that Snyder was not a Florida resident. The issue of residency most often arises in divorce cases, because section 61.021, Florida Statutes, requires that one of the parties must reside in Florida for six months before a dissolution petition can be filed in Florida. The analysis in dissolution cases is therefore instructive. Under section 61.021, Florida residency is defined as "an actual presence in Florida coupled with an intention at that time to make Florida the residence." McCarthy v....
...residency. E.g., Curran v. Curran,
362 So.2d 1042 (Fla. 4th DCA 1978). [2] Additionally, section
61.052(2) provides that proof of a valid Florida driver's license and voter registration may be used to corroborate the Florida residency requirement in section
61.021....
CopyCited 4 times | Published | Supreme Court of Florida
...Supreme Court of Florida. March 13, 1974. *570 Stanley L. Seligman, Hollywood, and Andrew I. Friedrich, for appellant. ADKINS, Chief Justice. This is a direct appeal from the Circuit Court of Broward County which held that the residency requirement of Fla. Stat. § 61.021, F.S.A., was constitutional....
...1973." In dismissing the petition, the trial court was of the opinion that the petition was deficient since the plaintiff had failed to allege that she resided six months in the State of Florida before filing the petition, as required by Fla. Stat. § 61.021, F.S.A. The Court held that this precluded it from exercising any jurisdiction. In its order of dismissal, the Court specifically stated that Fla. Stat. § 61.021, F.S.A., was constitutional....
...The penalty to interstate travel is de minimis, and to the extent such penalty does exist, it is justified by a compelling state interest." We adopt the reasoning of Judge Wm. Terrell Hodges in Shiffman v. Askew, supra , in holding that Fla. Stat. § 61.021, F.S.A., is constitutional....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 503755
...The appeals of the second amended final judgment and the order on attorney's fees are consolidated for this review. The Husband initially argues on appeal that the trial court lacked jurisdiction because the Wife failed to establish Florida residency. "Residency under section 61.021[, Florida Statutes (1998),] means `an actual presence in Florida coupled with an intention at that time to make Florida the residence.'" Copas v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 889843
...r permanent alimony. Appellant's first issue challenges the circuit court's subject-matter jurisdiction to hear the dissolution of marriage proceedings and to rule upon the matters at issue. Florida law sets forth a durational residence requirement: 61.021 Residence requirements. ___ To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. § 61.021, Fla. Stat. (1997). "Compliance with the section 61.021 residence requirement has long been held to be jurisdictional." Speigner v....
...Another statute addresses the permissible methods of corroborating Florida residence:
61.052 Dissolution of marriage. ___ * * * (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's license, a Florida voter's registration card, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is *170 based on the allegation that the marriage is irretrievably broken.......
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Appellant contends that Claudette fraudulently invoked the jurisdiction of the Florida court in the first place when she sought a dissolution of marriage in circuit court because she did not meet the six months residency requirement under Fla. Stat. 61.021, F.S.A....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 21990210
...otice requirements must be met." Popper,
595 So.2d at 103. Coelho was not a resident of the Dominican Republic for a period of six months before applying for the divorce, which is the residency requirement imposed by Florida law to obtain a divorce. §
61.021, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...Before HAVERFIELD, C.J., and PEARSON and BARKDULL, JJ. PEARSON, Judge. The issue for decision on this appeal is whether the plaintiff-wife has been a resident of the State of Florida for the six month period which is requisite to jurisdiction under Section 61.021, Florida Statutes (1977)....
...after hearing the cause on the merits, *422 granted a final judgment dissolving the marriage. This appeal is by the defendant-husband from the final judgment. The first point presented urges that the trial court did not have jurisdiction pursuant to Section 61.021, Florida Statutes (1977)....
...The court applied Section 46.12, Florida Statutes (1943). The court held: * * * * * * *423 "There is no indication that appellant has ever established a permanent residence in a state other than Florida. The record overwhelmingly establishes that appellant meets the residency requirements of F.S. § 61.021, F.S.A." The plaintiff-wife here is in a remarkably similar situation unless her residence followed that of her husband....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 30296
...After a hearing, the Florida trial court dismissed the action, holding that the Wife was not a Florida resident and that Tennessee had assumed jurisdiction in the prior filed action. We agree with the Wife's argument that the trial court erred in finding she was not a resident of Florida. Section
61.021, Florida Statutes (1993), requires that one of the parties to a dissolution action must reside in Florida six months before the petition is filed. A wife's residence does not necessarily *887 follow that of her husband and must be determined based on the facts of each case. Simpson v. Simpson,
339 So.2d 250 (Fla. 2d DCA 1976). Residency under section
61.021 means "an actual presence in Florida coupled with an intention at that time to make Florida the residence." Jenkins v....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 135521
...with equitable considerations. The first issue is whether or not there is substantial competent evidence amounting to clear and positive proof of the statutory residence of six months of the petitioning husband next before the filing of the action. Section 61.021, Florida Statutes....
...ERVIN, J., dissents with opinion. ERVIN, Judge, dissenting. I respectfully dissent. Initially, I disagree with the majority's disposition of the jurisdictional issue. The governing statute for purposes of residence in a dissolution of marriage action is Section 61.021, Florida Statutes (1987), which provides: To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition....
...Kutner,
159 Fla. 870,
33 So.2d 42 (1947). As this court explained in Wise v. Wise,
310 So.2d 431, 432 (Fla. 1st DCA 1975): To obtain a dissolution of marriage, the party filing the proceeding must reside in Florida for six months before filing the petition. Section
61.021, Florida Statutes. Residence for the statutory period is jurisdictional and must be alleged and proved. An admission of residence by an adverse party's responsive pleading cannot substitute for proof. Evidence of the residence requirements of Section
61.021, Florida Statutes, must be corroborated....
...g commencement of the action. Fazio v. Fazio,
66 So.2d 297, 298 (Fla. 1953). Such proof cannot be established by the complainant's uncorroborated testimony. Phillips v. Phillips,
146 Fla. 311, 316,
1 So.2d 186, 191 (1941). Furthermore, residency for section
61.021 purposes must be established by "clear and positive" evidence, *960 i.e., "clear and convincing" evidence. Beaucamp v. Beaucamp,
508 So.2d 419, 421 (Fla. 2d DCA 1987) (citing Bloomfield v. City of St. Petersburg Beach,
82 So.2d 364, 369 (Fla. 1955)). Whether a party is a resident within the meaning of section
61.021 "is both a question of law and fact to be settled or determined from the facts of each particular case." Fowler v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 698141
...We conclude the trial court correctly ruled that McCarthy did not meet the residency requirements of the statute; we therefore affirm. "To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition." § 61.021, Fla....
...vote in Florida; she has a Florida checking account; and she has paid intangible taxes in Florida. We agree that McCarthy has established Florida as her domicile, but we reject the argument that domicile and residence are the same. "Residency under section 61.021 means `an actual presence in Florida coupled with an intention at that time to make Florida the residence.'" Copas v....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 497505
...trial court lacked subject matter jurisdiction over the dissolution proceeding because the appellee had been absent from the State of Florida during the six months prior to filing the petition and, thus, did not satisfy the residency requirement of section 61.021, Florida Statutes (1997), and (ii) that the appellee filed a fraudulent financial affidavit....
...ned corroborative evidence of her Florida residency in the form of a driver's license and [Florida] voter registration [card]." Pursuant to section
61.052(2), Florida Statutes (1997), an allegation that a party satisfies the residency requirement of section
61.021 may be corroborated by a Florida driver's license, voter registration *802 card, or third party testimony....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 3479496
...McCloskey v. McCloskey,
359 So.2d 494, 496 (Fla. 4th DCA 1978), cert. denied,
368 So.2d 1370 (Fla.1979). Florida law requires one of the parties to the marriage to reside in the state for six months before filing a petition for dissolution of marriage. See §
61.021, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...jurisdiction over him. The court granted the motion and the wife filed this appeal. The wife had to establish residency in Florida at the time of the initial divorce proceeding as required by Section 65.02, Florida Statutes (1965) (now appearing at § 61.021, Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section
61.021, Florida Statutes or section
61.052(2), Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1751752
...See also Rains v. Washington, 989 P.2d at 562. [4] Petitioner also sought a decree of divorce in the court below. However, this portion of her petition was properly dismissed because neither party met Florida's residency requirement prior to the filing. See § 61.021, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1506246
...The husband argues that the circuit court lacks subject matter jurisdiction over this divorce because the wife's status as a nonimmigrant alien [1] prohibits her from claiming that Florida was her "residence" for the six months preceding the date she filed her petition for dissolution of marriage, as required by section 61.021, Florida Statutes (2004)....
...However, the wife explained that she had sought dual citizenship with Ukraine and Germany because German *1167 citizenship would make it easier for her to travel internationally. Based upon this evidence, the trial court ruled that that the wife was a resident of Florida pursuant to section 61.021, and thus, the court had subject matter jurisdiction over this dissolution proceeding. There is, of course, no dispute that the court has personal jurisdiction over the parties. The husband challenges the finding of subject matter jurisdiction in this original proceeding. Section 61.021 states: "Residence requirements. To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition." Residency under section 61.021 means an actual presence in Florida coupled with an intention at that time to make Florida the residence....
...2d DCA 2004) (citing Copas v. Copas,
687 So.2d 885, 887 (Fla. 2d DCA 1997)). A continuous presence during the entire six-month period before filing the petition is not required. Rowland,
868 So.2d at 611. Generally, whether a party is a resident within the meaning of section
61.021 is both a question of law and fact to be settled or determined from the facts of each particular case....
...We conclude, as did the Third District in Nicolas and Perez, that Cooke and Juarrero are distinguishable and based upon considerations not present here. Like the Third District, we conclude that a person's nonimmigrant status does not bar his or her ability to establish residency under section 61.021, although that status may be a factor in determining whether the person has a bona fide intent to remain in the state indefinitely....
...Short, Annotation, What Constitutes Residence or Domicil Within State By Citizen of Another Country for Purpose of Jurisdiction in Divorce, 51 A.L.R.3d 223 (1973). Like the Third District, we conclude that the wife's nonimmigrant status does not preclude her, as a matter of law, from establishing residency in Florida under section 61.021....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 242659
...Appellant (the husband) seeks review of a final judgment of dissolution of marriage. He raises three issues: (1) whether the trial court had jurisdiction to enter the final judgment, notwithstanding the legal insufficiency of the evidence to establish compliance with the residence requirement of section 61.021, Florida Statutes (1991); (2) whether the trial court erred when distributing the property of the parties by disregarding the property settlement aspects of a final judgment dissolving a previous marriage between the parties; and (3) w...
...ibution scheme chosen by the trial court, including the awards of alimony and attorney fees, constituted an abuse of discretion. Because we conclude that the evidence was legally insufficient to establish compliance with the residence requirement of section 61.021, we address only that issue; and reverse....
...affidavit) to corroborate that either party had been a resident of Florida for the six months immediately before either the petition or the counter-petition had been filed. The final judgment makes no finding regarding the residence of either party. Section 61.021, Florida Statutes (1991), provides that, "[t]o obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition." Compliance with the statute has been construed to...
...f Florida for the six months immediately preceding the filing of the petition. See Eckel v. Eckel,
522 So.2d 1018 (Fla. 1st DCA 1988); Gillman v. Gillman
413 So.2d 412 (Fla. 4th DCA 1982). Section
61.052(2) requires that proof of compliance with the section
61.021 residence requirement "be corroborated." Compliance with the section
61.021 residence requirement has long been held to be jurisdictional....
...1953); Chisholm; Wise. Likewise, compliance may not be established by uncorroborated testimony, whether it be of a party or another. See Phillips; Gillman; Lemon; Wise. The evidence presented to the trial court was legally insufficient to establish compliance with the section 61.021 residence requirement....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...The trial court took testimony as to the husband's alleged Florida residency and thereafter dismissed the petition for marriage dissolution on the ground that the husband was a resident of Maryland and had not met the six month Florida residency requirement. § 61.021, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...tract of sale of other property in Chicago; and to account for and to pay to her one-half the profit of any business owned by him. The judgment for arrearages was entered on May 6, 1975. In the meantime, after satisfying the residency requirement of § 61.021, F.S....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 19727, 2015 WL 6503442
...Florida, on January 25, 2013, having arrived in this state earlier in the month. At the
time of filing, Mr. Vinsand resided in Alachua County, Florida, and had resided there a
sufficient amount of time to meet Florida's residence requirement for obtaining a divorce
in this state. See § 61.021, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15551, 2010 WL 3984746
...4th DCA 1992) (estoppel cannot defeat a challenge to lack of subject matter jurisdiction; "[n]either conduct nor consent of the parties may confer on a court subject matter jurisdiction which it does not otherwise have"). To establish subject matter jurisdiction in a divorce proceeding, section 61.021, Florida Statutes, provides that "one of the parties to the marriage must reside 6 months in the state before the filing of the petition." See Fernandez v....
CopyPublished | Florida 4th District Court of Appeal | 1974 Fla. App. LEXIS 8253
fulfilled the six month residency requirement of F. S.
61.021. The husband’s motion was based upon the procedure
CopyPublished | District Court of Appeal of Florida
reversible error, we affirm the final judgment. Section
61.21(4)(a), Florida Statutes (2021), mandates that
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14449
residency in accordance with the provisions of F.S. § 61.-021. Our examination of the record reveals that there
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13662
Florida have held that the residency requirement of §
61.021 F.S. and its predecessor is jurisdictional. Wade
CopyPublished | Florida 5th District Court of Appeal
in the state before the filing of the petition. §
61.021, Fla. Stat. (2015). Residency for this statutory
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4318
the residency requirement laid down by Fla.Stat. §
61.021 (1973). The circuit, court granted the motion
CopyPublished | District Court of Appeal of Florida
Florida residency requirement pursuant to section
61.021, Florida Statutes. He claimed that he was
CopyPublished | District Court of Appeal of Florida
“chief seat” of affairs was in Florida. Section
61.021, Florida Statutes, requires one of the parties
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14417
by statute in Florida is that contained in Section
61.021, Florida Statutes (1977). Appellant met that
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15768
for six months before filing the action. See Section
61.021, Florida Statutes (1971). Fraud upon the court
