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Florida Statute 61.052 | Lawyer Caselaw & Research
F.S. 61.052 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.052
61.052 Dissolution of marriage.
(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:
(a) The marriage is irretrievably broken.
(b) Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.
(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 license, a Florida voter’s registration card, a valid Florida identification card issued under s. 322.051, or the testimony or affidavit of a third party, the court shall dispose of the petition for dissolution of marriage when the petition is based on the allegation that the marriage is irretrievably broken as follows:
(a) If there is no minor child of the marriage and if the responding party does not, by answer to the petition for dissolution, deny that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage if the court finds that the marriage is irretrievably broken.
(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:
1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; or
3. Take such other action as may be in the best interest of the parties and the minor child of the marriage.

If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage. If the court finds that the marriage is not irretrievably broken, it shall deny the petition for dissolution of marriage.

(3) During any period of continuance, the court may make appropriate orders for the support and alimony of the parties; the parenting plan, support, maintenance, and education of the minor child of the marriage; attorney’s fees; and the preservation of the property of the parties.
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.
(5) The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties.
(6) Any injunction for protection against domestic violence arising out of the dissolution of marriage proceeding shall be issued as a separate order in compliance with chapter 741 and shall not be included in the judgment of dissolution of marriage.
(7) In the initial pleading for a dissolution of marriage as a separate attachment to the pleading, each party is required to provide his or her social security number and the full names and social security numbers of each of the minor children of the marriage.
(8) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Each party is also required to provide the full name, date of birth, and social security number for each minor child of the marriage. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.
History.s. 7, ch. 71-241; s. 26, ch. 73-333; s. 38, ch. 81-259; s. 1, ch. 86-150; s. 114, ch. 86-220; s. 1, ch. 89-61; s. 107, ch. 89-96; s. 1, ch. 91-246; s. 2, ch. 93-188; s. 4, ch. 96-183; s. 1, ch. 96-392; s. 2, ch. 97-170; s. 3, ch. 97-242; s. 12, ch. 98-403; s. 1, ch. 99-375; s. 3, ch. 2008-61.

F.S. 61.052 on Google Scholar

F.S. 61.052 on Casetext

Amendments to 61.052


Arrestable Offenses / Crimes under Fla. Stat. 61.052
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.052.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CARLTON, f k a v. ZANAZZI,, 266 So. 3d 243 (Fla. App. Ct. 2019)

. . . See §§ 61.021, 61.052, Fla. Stat. (2016) ; Marshall v. . . . if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 and 61.052 . . .

MCNEIL, v. JENKINS- MCNEIL,, 252 So. 3d 354 (Fla. App. Ct. 2018)

. . . Section 61.052(2), Florida Statutes (2015), requires that proof of residence under section 61.021 be . . . Former Husband's residency in Florida with any of the necessary corroborative evidence under section 61.052 . . .

MINDA, v. MINDA,, 190 So. 3d 1126 (Fla. Dist. Ct. App. 2016)

. . . former wife’s Florida driver’s license, which can be used to corroborate residency pursuant to section 61.052 . . .

ZELMAN, v. ZELMAN,, 175 So. 3d 871 (Fla. Dist. Ct. App. 2015)

. . . In the effort to navigate the legal implications of prenuptial agreements and, perhaps, section 61.052 . . . Section 61.052(l)(b) provides that "no dissolution shall be allowed unless the party alleged to be incapacitated . . .

OLIVER, v. STUFFLEBEAM,, 155 So. 3d 395 (Fla. Dist. Ct. App. 2014)

. . . . § 61.052(1)(a), Fla. . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . .” § 61.052(l)(b), Fla. Stat. (2012). . . . trial court ordered the dissolution proceeding abated for a period of three years, pursuant to section 61.052 . . . The purpose of the mandatory abatement of the dissolution proceeding under section 61.052(l)(b), which . . . Where spouses are prevented from divorcing by section 61.052’s abatement provision, for a spouse to deny . . .

Dr. DRELICH, v. GUARDIANSHIP OF DRELICH,, 201 So. 3d 15 (Fla. Dist. Ct. App. 2013)

. . . filed a verified motion to stay or abate the dissolution proceeding for three years pursuant to section 61.052 . . . Section 61.052(l)(b) provides that the mental incapacity of a spouse is an alternative basis for dissolution . . .

M. HALL, v. R. MAAL,, 32 So. 3d 682 (Fla. Dist. Ct. App. 2010)

. . . . § 61.052(7), Fla. Stat.; see, e.g., Cobo v. . . .

NORRIS, v. NORRIS,, 28 So. 3d 953 (Fla. Dist. Ct. App. 2010)

. . . See §§ 61.031; 61.052, Fla. Stat. (2008). See generally Marjorie A. . . .

LANDE, v. A. LANDE,, 2 So. 3d 378 (Fla. Dist. Ct. App. 2008)

. . . if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 and 61.052 . . .

M. GREY, v. GREY,, 995 So. 2d 623 (Fla. Dist. Ct. App. 2008)

. . . Section 61.052(2) requires that proof of compliance with this residency requirement be corroborated, . . .

MARSHALL, III, v. MARSHALL,, 988 So. 2d 644 (Fla. Dist. Ct. App. 2008)

. . . if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 and 61.052 . . .

SNYDER, v. McLEOD,, 971 So. 2d 166 (Fla. Dist. Ct. App. 2007)

. . . Additionally, section 61.052(2) provides that proof of a valid Florida driver’s license and voter registration . . .

PARKER, v. J. PARKER,, 950 So. 2d 388 (Fla. 2007)

. . . See § 61.052, Fla. . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE OUT OF CYCLE, 940 So. 2d 409 (Fla. 2006)

. . . For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. . . .

JENKINS, v. JENKINS,, 915 So. 2d 1248 (Fla. Dist. Ct. App. 2005)

. . . .” § 61.052(2), Fla. Stat. (2004). . . .

E. GUIDA, v. GUIDA,, 870 So. 2d 222 (Fla. Dist. Ct. App. 2004)

. . . Section 61.052(6), Florida Statutes (2002), provides that “[a]ny injunction for protection against domestic . . .

D. ROWLAND, v. ROWLAND,, 868 So. 2d 608 (Fla. Dist. Ct. App. 2004)

. . . Section 61.052(2) allows corroboration of residency through production of a Florida voter’s registration . . .

F. DENT, v. T. DENT,, 851 So. 2d 819 (Fla. Dist. Ct. App. 2003)

. . . See, e.g., § 61.052(3), Fla. Stat. (2002); see also Kalmanson v. . . . However, section 61.052(3) permits the circuit court to make appropriate orders to provide for support . . .

SPINDLER, v. MAYOL,, 849 So. 2d 1102 (Fla. Dist. Ct. App. 2003)

. . . See §§ 61.021, 61.052, Fla. Stat. (2002); Davis v. . . .

M. BOZE, v. E. BOZE,, 824 So. 2d 989 (Fla. Dist. Ct. App. 2002)

. . . Boze failed to establish residency pursuant to sections 61.021 and 61.052(2), Florida Statutes (2001) . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 783 So. 2d 937 (Fla. 2000)

. . . In proposing this amendment, the rules committee seeks in part to comport with section 61.052(2), Florida . . . Section 61.052(2) regarding dissolution of marriage provides in full: Based on the evidence at the hearing . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. . . . For further information, see sections 61.052 and 61.13, Florida Statutes. Special notes ... . . . SECURITY NUMBER I, {full legal name}_, certify that my social security number is-, as required in section 61.052 . . .

C. COONS, Jr. v. COONS,, 765 So. 2d 167 (Fla. Dist. Ct. App. 2000)

. . . Another statute addresses the permissible methods of corroborating Florida residence: 61.052 Dissolution . . . marriage when the petition is based on the allegation that the marriage is irretrievably broken.... § 61.052 . . .

N. HUNTER, v. HUNTER,, 736 So. 2d 801 (Fla. Dist. Ct. App. 1999)

. . . Pursuant to section 61.052(2), Florida Statutes (1997), an allegation that a party satisfies the residency . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW FORMS, 759 So. 2d 583 (Fla. 1999)

. . . For further information, see sections 61.052 and 61.13, Florida Statutes. Special notes ... . . . NUMBER I, {full legal name} _, certify that my social security number is _ , as required in section 61.052 . . .

MOGUL, v. MOGUL,, 730 So. 2d 1287 (Fla. Dist. Ct. App. 1999)

. . . On April 9, 1997, after the three-year statutory minimum time period had run, pursuant to section 61.052 . . .

F. GAINES, v. SAYNE, H., 727 So. 2d 351 (Fla. Dist. Ct. App. 1999)

. . . filed a motion for relief from the judgment of dissolution alleging that the requirements of section 61.052 . . .

H. COOPER, v. F. COOPER,, 725 So. 2d 1175 (Fla. Dist. Ct. App. 1998)

. . . Goldberg, 643 So.2d 656, cause me to believe that the legislature should reexamine the contents of section 61.052 . . . Section 61.052(1) authorizes a judgment of dissolution of marriage either when the marriage is irretrievably . . . Although Judge Warner’s decision in Goldberg is persuasive, I do not agree that section 61.052(l)(b), . . . See § 61.052(l)(b), Fla. Stat. (1997). . . .

ANDRADE, v. ANDRADE,, 720 So. 2d 551 (Fla. Dist. Ct. App. 1998)

. . . Section 61.052(1)(b), Florida Statutes, provides that a dissolution of marriage is not allowed where . . . We recognize that section 61.052(1)(b), Florida Statutes, does not establish a procedure applicable in . . .

C. HORNE, v. L. HORNE,, 711 So. 2d 1310 (Fla. Dist. Ct. App. 1998)

. . . a factor when passing upon the question of whether a marriage is irretrievably broken, see section 61.052 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. . . . For further information, see sections 61.052 and 61.13, Florida Statutes. Special notes... . . .

SALZVERG, v. SALZVERG,, 696 So. 2d 1278 (Fla. Dist. Ct. App. 1997)

. . . application is denied because the order plainly did not depart from the essential requirements of the law, § 61.052 . . .

COPAS, v. COPAS,, 687 So. 2d 885 (Fla. Dist. Ct. App. 1997)

. . . Finally, section 61.052(2) provides that corroborating evidence of residence includes a valid Florida . . .

LEWIS, v. LEWIS,, 665 So. 2d 322 (Fla. Dist. Ct. App. 1995)

. . . circumstances, the trial court had the discretion to affect an unequal distribution pursuant to section 61.052 . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . spouse has been adjudicated mentally incapacitated for a period of at least three years (see section 61.052 . . . See section 61.052(2), Florida Statutes. . . . because of serious permanent differences) or one of you must be mentally incapacitated (see section 61.052 . . .

ORBE, v. ORBE,, 651 So. 2d 1295 (Fla. Dist. Ct. App. 1995)

. . . Under section 61.052(2), a Florida driver’s license or Florida voter registration is corroborative evidence . . .

FERNANDEZ, Jr. v. E. FERNANDEZ, A. E. E. Jr. E., 648 So. 2d 712 (Fla. 1995)

. . . The motion alleged that the requirements of section 61.052, Florida Statutes (1991), were not satisfied . . . Further, evidence establishing a party’s residence must be corroborated. § 61.052(2), Fla.Stat. (1991 . . . Fernandez’ father satisfied the requirements of section 61.052. . . . We do note that pursuant to section 61.052(2), Florida Statutes (1991), corroborating evidence can be . . .

VAUGHAN, v. GUARDIANSHIP OF VAUGHAN,, 648 So. 2d 193 (Fla. Dist. Ct. App. 1994)

. . . The appellant Norma Vaughan contends that section 61.052 and section 744.3215, when read together, are . . . divorce and the statutory provisions regarding grounds for divorce were rewritten and consolidated: 61.052 . . . It is from section 61.052 that the guardian’s authority to initiate the dissolution is derived, not section . . . See § 61.052(l)(b), Fla.Stat. (1993). . . .

GOLDBERG, v. GOLDBERG J., 643 So. 2d 656 (Fla. Dist. Ct. App. 1994)

. . . Based on section 61.052(l)(b), Florida Statutes (1993), the trial court abated the proceedings for three . . . We hold that it did not, because section 61.052(l)(b) precludes the institution or maintenance of an . . . Section 61.052(1) provides: (1) No judgment of dissolution of marriage shall be granted unless one of . . . Its language was similar to section 61.052(l)(b). . . . Section 61.052 replaced the former fault-based grounds for divorce. . . .

E. FERNANDEZ, A. E. E. Jr. E. v. FERNANDEZ, Jr., 632 So. 2d 638 (Fla. Dist. Ct. App. 1994)

. . . In his verified motion, the appellee alleged that since the requirements of section 61.052, Florida Statutes . . . Section 61.052(2), Fla.Stat. (1991). . . . Sections 61.021, 61.052(2). See also Speigner; Phillips. . . .

VAUGHAN, v. VAUGHAN,, 630 So. 2d 1150 (Fla. Dist. Ct. App. 1993)

. . . See §§ 744.3215(4), 744.3725 and 61.052(l)(b). . . . Section 61.052(l)(b) indicates mental incapacity of a spouse is a ground for the competent spouse to . . .

KINDLE, v. KINDLE,, 629 So. 2d 176 (Fla. Dist. Ct. App. 1993)

. . . Section 61.052, Florida Statutes (1991), allows dissolution of marriage for only two reasons: (1) where . . .

SPEIGNER, v. SPEIGNER,, 621 So. 2d 758 (Fla. Dist. Ct. App. 1993)

. . . Section 61.052(2) requires that proof of compliance with the section 61.021 residence requirement “be . . .

BIRNBAUM, v. BIRNBAUM,, 615 So. 2d 241 (Fla. Dist. Ct. App. 1993)

. . . . § 61.052, Fla.Stat. (1991). . . .

M. WRONA, v. W. WRONA,, 592 So. 2d 694 (Fla. Dist. Ct. App. 1991)

. . . . § 61.052(2), Fla.Stat. (1989). . . . .” § 61.052(3), Fla.Stat. (1989). . . .

SHAMMAY, v. SHAMMAY,, 491 So. 2d 284 (Fla. Dist. Ct. App. 1986)

. . . This dismissal does not bear upon a dissolution of marriage proceeding, pursuant to section 61.052, Florida . . . without prejudice to Terry filing a petition strictly for dissolution of marriage pursuant to section 61.052 . . .

THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE DISSOLUTION OF MARRIAGE, 450 So. 2d 810 (Fla. 1983)

. . . recommendations concern the need for a requirement of corroborative evidence of residence to comply with section 61.052 . . . testimony that the marriage of the parties to the action is irretrievably broken, as required under section 61.052 . . . We also find that, in conformance with section 61.052(2), Florida Statutes (1981), corroboration of residence . . .

GILLMAN, v. GILLMAN,, 413 So. 2d 412 (Fla. Dist. Ct. App. 1982)

. . . . § 61.052(2), Fla.Stat. (1971). Appellee did not testify to her Florida residence. . . . Because this evidence of residence was not corroborated as required by Section 61.052(2), Florida Statutes . . . We hold that Section 61.052(2), Florida Statutes (1971), requires that the individual invoking the jurisdiction . . .

HAIR, v. HAIR,, 402 So. 2d 1201 (Fla. Dist. Ct. App. 1981)

. . . See § 61.052, Fla.Stat. (1979). . . .

GLAZER, v. M. GLAZER,, 394 So. 2d 140 (Fla. Dist. Ct. App. 1981)

. . . marriage alleging that since neither party contested that marriage’s being irretrievably broken, Section 61.052 . . .

C. FRIEDMAN, v. W. FRIEDMAN,, 383 So. 2d 1100 (Fla. Dist. Ct. App. 1980)

. . . A cause of action for marriage dissolution [§ 61.052, Fla.Stat. (1979)] accrues in the Florida county . . .

PYLE, v. PYLE,, 378 So. 2d 103 (Fla. Dist. Ct. App. 1979)

. . . Riley, 271 So.2d 181 (Fla. 1st DCA 1972); and Sections 61.001 and 61.052, Florida Statutes (1971). . . .

R. WILLIAMSON, v. C. WILLIAMSON,, 353 So. 2d 880 (Fla. Dist. Ct. App. 1977)

. . . Florida Statutes, that court stated: “Looking at these statutes, we would agree that the criteria of § 61.052 . . .

N. GALBUT, v. GARFINKL,, 340 So. 2d 470 (Fla. 1976)

. . . dis-solutions, the court would properly make inquiry to determine this fact, for the statute itself in § 61.052 . . . Section 61.052, Florida Statutes, provides in pertinent part: “If, at any time, the court finds that . . . “Second, Fla.Stat. § 61.052(2), F.S.A. clearly states that ‘if, at anytime, the court finds that the . . .

CANNON, v. CANNON,, 323 So. 2d 9 (Fla. Dist. Ct. App. 1975)

. . . Section 61.052, which deals with dissolution of marriage and is commonly known as the no-fault statute . . .

A. CARROLL, v. CARROLL,, 322 So. 2d 53 (Fla. Dist. Ct. App. 1975)

. . . Sec. 61.052(2) (b)1. . . .

J. v. W. McCLELLAND,, 318 So. 2d 160 (Fla. Dist. Ct. App. 1975)

. . . Secs. 61.011, 61.052(2)(a), F.S.1973. . . .

MASZEWSKI, v. PISKADLO,, 318 So. 2d 226 (Fla. Dist. Ct. App. 1975)

. . . . § 61.052 (l)(a). . . .

WISE, v. WISE,, 310 So. 2d 431 (Fla. Dist. Ct. App. 1975)

. . . Section 61.052, Florida Statutes. . . .

KLARISH, v. C. KLARISH,, 296 So. 2d 497 (Fla. Dist. Ct. App. 1974)

. . . . § 61.052(2), F.S.A. clearly states that “if, at anytime, the court finds that the marriage is irretrievably . . .

J. YOHEM, v. L. YOHEM,, 295 So. 2d 656 (Fla. Dist. Ct. App. 1974)

. . . See Sections 61.052(3), 61.071, 61.08 and 61.-13(2), Florida Statutes, F.S.A. . . .

W. OLIVER, v. OLIVER,, 285 So. 2d 638 (Fla. Dist. Ct. App. 1973)

. . . potential harm to the spouses and their children caused by the process of legal dissolution of marriage.” “61.052 . . . Looking at these statutes, we would agree that the criteria of § 61.052, F.S. 1971, F.S.A., that a marriage . . .

E. CARRIGAN, Sr. v. E. CARRIGAN,, 283 So. 2d 574 (Fla. Dist. Ct. App. 1973)

. . . Riley, Fla.App.1972, 271 So.2d 181; F.S. section 61.052(2)(a), F.S.A. . . .

TAYLOR, v. TAYLOR,, 279 So. 2d 364 (Fla. Dist. Ct. App. 1973)

. . . Section 61.052(4), F.S.1971, F.S.A., provides that no judgment of dissolution of marriage renders the . . .

B. SHIFFMAN, v. O ASKEW, L. MAKRES, v. O ASKEW,, 359 F. Supp. 1225 (M.D. Fla. 1973)

. . . Florida Statute § 61.052 (1971), F.S.A. . . . . Florida Statute § 61.052(2) (1971), F.S.A., provides in part: “Based on the evidence at the hearing, . . .

NOOE, v. NOOE,, 277 So. 2d 835 (Fla. Dist. Ct. App. 1973)

. . . Section 61.052(2) (b), 5 F.S.A. . . .

R. RYAN, v. E. RYAN,, 277 So. 2d 266 (Fla. 1973)

. . . VAGUE and INDEFINITE CHALLENGE The next question of law concerns that part of F.S., Section 61.052, F.S.A . . . dissolutions, the court would properly make inquiry to determine this fact, for the statute itself in § 61.052 . . .

RILEY, v. RILEY,, 271 So. 2d 181 (Fla. Dist. Ct. App. 1972)

. . . . § 61.052. . . . reconciliation, or to order either or both parties to consult professional counselors, is authorized by F.S.A. § 61.052 . . . F.S.A. § 61.052(2). . McKim v. McKim, 6 Cal.3d 673,100 Cal.Rptr. 140, 493 P.2d 866 (1972). . . .

L. NEEL, v. J. NEEL,, 255 So. 2d 698 (Fla. Dist. Ct. App. 1971)

. . . (Section 7, adding new Section 61.052). . . .