CopyCited 32 times | Published | Supreme Court of Florida
...434, we stated the law still to be as follows: (233 So.2d p. 383) "... it `would be aiming a deadly blow at public morals to decree a dissolution of the marriage contract merely because the parties requested it . .. .'" FORMER DEFENSES ELIMINATED The new Act includes a provision, § 61.044, entitled "Certain Existing Defenses Abolished" and provides: "The defenses to divorce and legal separation, of condonation, collusion, recrimination, and laches are abolished." The heretofore well-known defenses of condonation and recrimin...
...17,
24 So.2d 704 (1946); Furman v. Furman,
130 So.2d 316 (Fla.App. 1961); Choucherie v. Choucherie,
120 So.2d 821 (Fla. App. 1960). However, the newly enacted act relating to dissolution of marriage which became effective July 1, 1971, includes a provision, Section
61.044, entitled "Certain existing defenses abolished", which provides: "The defenses to divorce and legal separation, of condonation, collusion, recrimination, and laches are abolished." This Court in Stewart v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Further, we do not believe that the sexual relations indulged in by the parties during the separation, alone and without a clear showing of intent to reconcile, is justification to deny the dissolution of marriage with prejudice. See Mickler v. Mickler, Fla.App. 1958,
101 So.2d 157, and cases cited therein. Likewise, Section
61.044, Florida Statutes, F.S.A., entitled "Certain existing defenses abolished." In conclusion, as we comprehend the legal effect of the evidence as a whole, in the light of the applicable statutory law, and the judicial interpretations ther...
