CopyCited 32 times | Published | Supreme Court of Florida
...Without it, such an interest would not have arisen. But these potential interests are not those property rights contemplated by the constitutional prohibition. [6] VAGUE and INDEFINITE CHALLENGE The next question of law concerns that part of F.S., Section 61.052, F.S.A., reading: "(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......
...at the conclusion as to whether or not indeed the marriage has reached the terminal stage based upon facts which must be shown. Even in uncontested dissolutions, the court would properly make inquiry to determine this fact, for the statute itself in § 61.052 provides in subsection (2) the basic predicate: "Based on the evidence at the hearing......
CopyCited 22 times | Published | District Court, M.D. Florida | 1973 U.S. Dist. LEXIS 13385
...Divorce law. The former statute enumerating the specific grounds required for granting a divorce was repealed, and the new code provides that a "dissolution" may be decreed upon a finding that the marriage is "irretrievably broken." Florida Statute § 61.052 (1971), F.S.A....
...§ 1441 even though diversity of citizenship and the requisite jurisdictional amount are shown to exist under 28 U.S.C.A. § 1332. [8] See Johnson v. Muelberger,
340 U.S. 581,
71 S.Ct. 474,
95 L.Ed. 552 (1951), and Cook v. 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 21 times | Published | Florida 4th District Court of Appeal
...WALDEN, Judge (concurring in part, dissenting in part): I concur in the trial court decision concerning alimony. I dissent as concerns the trial court treatment, approved by the majority here, accorded to the minor child, Heather, born in wedlock. Section 61.052(4), F.S....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2004 WL 573847
...Finally, the trial court erred by including in the final judgment an injunction against the Husband having contact with the Wife or son, stating, "Husband shall make no contact with the minor son," and "The Husband is hereby enjoined and restrained from harassing, harming, molesting, or interfering with Wife." Section 61.052(6), Florida Statutes (2002), provides that "[a]ny 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 no...
CopyCited 17 times | Published | Supreme Court of Florida
...at the conclusion as to whether or not indeed the marriage has reached the terminal stage based upon facts which must be shown. Even in uncontested dissolutions, the court would properly make inquiry to determine this fact, for the statute itself in § 61.052 provides in subsection (2) the basic predicate: `Based on the evidence at the hearing.......
...Kipnis,
330 So.2d 67 (Fla.3d DCA, 1976); Becker v. King,
307 So.2d 855 (Fla.4th DCA, 1975), certiorari dismissed
317 So.2d 76 (Fla. 1975); In re the Marriage of Golub,
310 So.2d 380 (Fla.2d DCA, 1975); Klarish v. Klarish,
296 So.2d 497 (Fla.3d DCA, 1974). Section
61.052, Florida Statutes, provides in pertinent part: "If, at any time, the court finds that the marriage is irretrievably broken, the court shall enter a judgment of dissolution of the marriage......
...rriage and to reserve jurisdiction to *474 determine the severable issues of alimony, child custody and support pending further investigation into these matters. See, e.g., Lippincott v. Lippincott, Fla. App. 1973,
287 So.2d 144. "Second, Fla. Stat. §
61.052(2), F.S.A....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...✓ The marriage is irretrievably broken (you want to end the marriage because of serious permanent differences, it is broken and cannot be fixed) or my spouse has been adjudicated mentally incapacitated for a period of at least three years (see section 61.052(1)(b), Florida Statutes)....
...See section
61.021, Florida Statutes. Residence may be proved by a valid Florida driver's license, a Florida voter's registration card, or the testimony or affidavit of a third party (not the other spouse). This form is used to prove residency by affidavit. See section
61.052(2), Florida Statutes....
...onths preceding the day you filed your request for dissolution of marriage. ✓ Your marriage must be irretrievably broken (you want to end your marriage because of serious permanent differences) or one of you must be mentally incapacitated (see section 61.052(1)(b), Florida Statutes)....
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...iction. 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. Stat. (1971). Evidence as to Florida residence must be corroborated. §
61.052(2), Fla. Stat. (1971). Appellee did not testify to her Florida residence. The only evidence adduced was the testimony of appellee's sister. Because this evidence of residence was not corroborated as required by Section
61.052(2), Florida Statutes (1971), the trial court was without jurisdiction to enter the judgment of dissolution....
...*414 The testimony in this case did not tend to prove that actual, continuous presence coupled with the requisite intent existed until September, 1979. Since the petition was filed only four months later, the trial court was without jurisdiction to enter the judgment appealed. We hold that Section 61.052(2), Florida Statutes (1971), requires that the individual invoking the jurisdiction of the court must testify as to his or her actual presence in the state and the intention to make Florida his or her residence at that time, and that such testimony must be corroborated by other testimony or objective evidence....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1991 WL 262906
...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. Stat. (1989). The role of the trial court in a divorce is more extensive if children are involved. §
61.052(2), Fla. Stat. (1989). During any period of continuance, the court is authorized to enter appropriate orders for "the preservation of the property of the parties." §
61.052(3), Fla....
CopyCited 13 times | Published | Supreme Court of Florida | 2007 WL 268780
...tried" only when the husband actually contests paternity during the dissolution of marriage proceeding. Rather, paternity is an issue which not only can be tried but actually is tried by virtue of the existence of a minor child to the marriage. See § 61.052, Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 1995 WL 8963
...A stipulated final judgment concerning the marital assets and liabilities was entered on December 17, 1992. On December 28, 1992, petitioner filed a motion for relief from the judgment of dissolution entered on January 23, 1992, on the ground that the court lacked jurisdiction. The motion alleged that the requirements of section 61.052, Florida Statutes (1991), were not satisfied because Mrs....
...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. Stat. (1991). Further, evidence establishing a party's residence must be corroborated. §
61.052(2), Fla....
...Fernandez' father, testified as a corroborating witness to his daughter's residency. The parties did not testify. We agree with the district court in this case that the verified pleadings and the testimony of Mrs. Fernandez' father satisfied the requirements of section 61.052....
...the hearing. Carvell v. Kinsey,
87 So.2d 577 (Fla. 1956); City of Deland v. Miller,
608 So.2d 121 (Fla. 5th DCA 1992). Our decision here does not lessen the requirement mandating corroboration as to the party's residency. We do note that pursuant to section
61.052(2), Florida Statutes (1991), corroborating evidence can be presented either by testimony at a hearing or by affidavit....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...ly relationships; "(b) To promote the amicable settlement of disputes that have arisen 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." "61.052 Dissolution of marriage....
...be awarded to such spouse. "(2) In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties." (Emphasis supplied.) Looking at these statutes, we would agree that the criteria of § 61.052, F.S....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...ed by her. Both parties appeal the final judgment of dissolution. We find no merit in the issues raised by the appellant husband. First, it was within the sound discretion of the trial court to deny the husband's motion for marriage counselling. See § 61.052, Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...The traditional fault-oriented grounds for divorce formerly contained in F.S. § 61.041, F.S.A. have been abolished and replaced with only two grounds; to wit: a showing that the marriage is "irretrievably broken" or mental incompetence of one of the parties. F.S.A. § 61.052....
...The power to continue the proceedings for a reasonable length of time not to exceed three months to enable the parties themselves to effect a reconciliation, or to order either or both parties to consult professional counselors, is authorized by F.S.A. § 61.052(2)(b)....
...erance 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). [2] F.S.A. §
61.052(2)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21749069
...Turning to the portion of the temporary order that granted the wife's request to sell the 1964 Chevrolet Malibu, we note that chapter 61, Florida Statutes (2002), does not authorize a court to make a partial distribution of marital assets prior to a final hearing. See, e.g., § 61.052(3), Fla....
...5th DCA 2001) (reversing order granting partial equitable distribution); cf. Turnage v. Turnage,
653 So.2d 485 (Fla. 5th DCA 1995) (reversing order distributing interest in profit-sharing plan entered before cause was at issue and when trial court lacked complete understanding of all the parties' marital assets). However, section
61.052(3) permits the circuit court to make appropriate orders to provide for support and to preserve the property of the parties....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 20 Fla. L. Weekly Fed. D 705
...[3] Thus, if Lawrence was a resident of Florida for the required time period, the trial court had subject matter jurisdiction. The standard of proof of residence is clear and convincing evidence. Goodwin v. Goodwin,
559 So.2d 109, 110 (Fla. 2d DCA 1990); Beaucamp v. Beaucamp,
508 So.2d 419 (Fla. 2d DCA 1987). Under section
61.052(2), a Florida driver's license or Florida voter registration *1298 is corroborative evidence of residency....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...the marriage and to reserve jurisdiction to determine the severable issues of alimony, child custody and support pending further investigation into these matters. See, e.g., Lippincott v. Lippincott, Fla.App. 1973,
287 So.2d 144. Second, Fla. Stat. §
61.052(2), F.S.A....
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....
...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 sections
61.052 and
61.13, Florida Statutes....
...__________________________, Respondent. NOTICE OF SOCIAL SECURITY NUMBER I, { full legal name } _____________________________________________________, certify that may social security number is ________________________________________ as required in section
61.052(7), sections
61.13(9) or (10), section
742.031(3), sections
742.032(1)-(3), and/or sections
742.10(1)-(2), Florida Statutes....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 63484
...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. Stat. (1991). Additionally, the party must plead that the marriage is irretrievably broken. §
61.052, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 19 Fla. L. Weekly Fed. D 2617
...We reversed that judgment and remanded to the lower tribunal for compliance with the procedural requirements of section
744.3725, Florida Statutes. See Vaughan v. Vaughan,
630 So.2d 1150 (Fla. 5th DCA 1993). The appellant Norma Vaughan contends that section
61.052 and section
744.3215, when read together, are ambiguous and vague, and thus should be interpreted to preclude a guardian, committee, or next friend from bringing an action for divorce on behalf of an incompetent person....
...ouse; and that the "plaintiff" shall be required to provide for the care and maintenance of the insane "defendant." In 1971, Florida adopted no-fault divorce and the statutory provisions regarding grounds for divorce were rewritten and consolidated: 61.052 Dissolution of marriage....
...Although section
744.3725 provides that the above-quoted provision is procedural only and not intended to "establish any new or independent right to or authority over ... dissolution of marriage," the question of who will bring the action is merely procedural. It is from section
61.052 that the guardian's authority to initiate the dissolution is derived, not section
744.3215....
...ts of the respective parties. The question of the best interest of the ward cannot be relitigated by the dissolution court. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. GRIFFIN and DIAMANTIS, JJ., concur. NOTES [1] See § 61.052(1)(b), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...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. Section
61.052, Florida Statutes....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...On Motion for Clarification PER CURIAM. Terry Shammay's request for clarification of our holding that her petition be dismissed for lack of personal jurisdiction is granted. This dismissal does not bear upon a dissolution of marriage proceeding, pursuant to section 61.052, Florida Statutes (1985), nor a proceeding under the Uniform Child Custody Jurisdiction Act, pursuant to section 61.1308, Florida Statutes (1985), for which proper service of process was made....
...The fact that such proceedings result from the bifurcation of the present action is of no consequence. See Arnstein v. Arnstein,
422 So.2d 1052 (Fla. 4th DCA 1982). NOTES [1] This dismissal is without prejudice to Terry filing a petition strictly for dissolution of marriage pursuant to section
61.052, Florida Statutes (1985)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 4547394
...4th DCA 1990)). Thus, temporarily residing in Florida without a present intention to make Florida one's legal residence is not sufficient to establish Florida 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 5 times | Published | Florida 2nd District Court of Appeal | 2016 WL 1718854, 2016 Fla. App. LEXIS 6621
...operty in Florida was merely a vacation home. From our limited record, it appears that the former husband’s residency claim is based entirely on the former wife’s Florida driver’s license, which can be used to corroborate residency pursuant to section 61.052(2)....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...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....
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the begin *157 ning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see sections
61.052 and
61.13, Florida Statutes....
...FORM 12.902(3)- NOTICE OF SOCIAL SECURITY NUMBER IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] NOTICE OF SOCIAL SECURITY NUMBER I, {full legal name}_, certify that my social security number is-, as required in section
61.052(7), sections
61.13(9) or (10), section
742.031(3), sections
742.032(l)-(3), and/or sections
742.10(l)-(2), Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1993 WL 424190
...453, 158 So. *178 120 (Fla. 1934); Titcomb v. Titcomb,
160 Fla. 320,
34 So.2d 742 (Fla. 1948). Florida law has evolved and changed since the decision in the Burger case. The current law does not allow bigamy as a basis for a dissolution (divorce). Section
61.052, Florida Statutes (1991), allows dissolution of marriage for only two reasons: (1) where the marriage is irretrievably broken or (2) where one of the parties is mentally incapacitated....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 299580
...Order requiring personal financial disclosure on the part of Max Arthur Mogul and Ruth Mogul are hereby vacated and rendered of no continuing force or effect. On April 9, 1997, after the three-year statutory minimum time period had run, pursuant to section 61.052(1)(b), Florida Statutes (1997), Max Mogul as guardian of Alan Mogul, filed a petition for dissolution from Reba Mogul in DR 97-4417....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700
...on and property. In addition, the trial court modified the temporary injunction to lift the freeze placed upon the Oppenheimer Account. A significant legal effect of the guardianship was to stay the dissolution proceeding for “at least 3 years.” § 61.052(l)(b), Fla....
...al agreement and an accompanying 2008 amendment, both of which, she claimed, were triggered by the Ward’s dissolution petition. Following a hearing, the trial court ordered the dissolution proceeding abated for a period of three years, pursuant to section 61.052....
...(2012); Lashkajani v. Lashkajani,
911 So.2d 1154, 1158 (Fla.2005) (recognizing “the continuing obligations of support [between spouses] before the marriage is dissolved”). The purpose of the mandatory abatement of the dissolution proceeding under section
61.052(l)(b), which went into effect in this case, was to enforce the “legislature’s continued concern for the protection of incompetents” by “compelling” the competent spouse “to provide for the care and maintenance” of the incompetent spouse....
...Yet, the Chapter 61 dissolution is stayed by the guardianship, supposedly to protect the ward. This created a Catch-22 situation where Irene attempted to use Chapter 744, designed to protect a ward, entirely to the ward’s detriment. Where spouses are prevented from divorcing by section 61.052’s abatement provision, for a spouse to deny an incapacitated spouse access to an entireties account for necessary expenses is to violate the clear duty of support imposed by Florida law and the public policy to protect the ward that is at the heart of guardianship law....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 503755
...om Florida to be temporary. She also testified that she always intended to continue her residence in Florida once the dissolution was completed. Additionally, the Wife's counsel produced the Wife's Florida driver's license as proof of her residency. Section 61.052(2) allows corroboration of residency through production of a Florida voter's registration card, a Florida driver's license, or third-party testimony....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 282768
...he dissipation of marital assets." Id. While a spouse's decision to petition for dissolution without first receiving the benefit of marriage counseling may be a factor when passing upon the question of whether a marriage is irretrievably broken, see section 61.052(2)(b)1, Florida Statutes (1995), once the marriage is found to be irretrievably broken, the decision not to seek counseling is not a legally sufficient basis for an unequal *1313 distribution of marital assets and debts....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 889843
..."Compliance with the section
61.021 residence requirement has long been held to be jurisdictional." Speigner v. Speigner,
621 So.2d 758, 759 (Fla. 1st DCA 1993). Another statute addresses the permissible methods of corroborating Florida residence:
61.052 Dissolution of marriage....
...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.... § 61.052(2), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...The appellee also argues that the contract is unenforceable as one in derogation of the marriage between Mrs. Maszewski and her husband. It is contended that her going to live permanently with Mr. Piskadlo would inevitably result in her marriage with Mr. Maszewski being or becoming "irretrievably broken." F.S. § 61.052 (1)(a)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1995 WL 749630
...The record supports the trial court's valuation and distribution of assets and liabilities. The husband wrongfully, intentionally and in defiance of the trial court's order dissipated the Schwab account. Under these circumstances, the trial court had the discretion to affect an unequal distribution pursuant to section 61.052, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...ving jurisdiction to determine property rights between husband and wife irrespective of §
689.15, Fla. Stat., which expressly provides that estates held by the entireties, upon dissolution of marriage, become tenancies in common. The rationale that §
61.052(2)(b)3, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1997 WL 30296
...Jenkins,
556 So.2d 441, 442 (Fla. 4th DCA) (citation and punctuation omitted), review denied,
569 So.2d 1279 (Fla.1990). Continuous presence in the state, however, is not required for the entire six-month period. Beaucamp v. Beaucamp,
508 So.2d 419 (Fla. 2d DCA 1987). Finally, section
61.052(2) provides that corroborating evidence of residence includes a valid Florida driver's license, voter registration card, or third-party testimony....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...The Oliver court was one of the first courts to examine the issue of whether or not marital misconduct or fault should be considered in an award of alimony under the new law. After examining Chapter 61, Florida Statutes, that court stated: "Looking at these statutes, we would agree that the criteria of § 61.052, F.S....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 484122
...prescribed medications. The court awarded Appellant sole custody of the children and possession of the home. Appellee moved to vacate the final judgment, alleging that she was mentally incompetent at all relevant times and that Appellant knew this. Section 61.052(1)(b), Florida Statutes, provides that a dissolution of marriage is not allowed where an incapacitated party has not been adjudged incapacitated for at least 3 years preceding....
...s for setting aside the judgment is certainly satisfied by demonstrating mental incapacity. The court found that Appellee was "in a process of deterioration at the time that that final judgmentor at the time that she was served." We recognize that section 61.052(1)(b), Florida Statutes, does not establish a procedure applicable in the absence of a formal adjudication of incompetency....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 13075
...rticularly high
threshold—or to manage property or make gifts but determined that he
was fully able to handle a lawsuit that involves complex financial issues.
In the effort to navigate the legal implications of prenuptial agreements
and, perhaps, section 61.052(1)(b), Florida Statutes (2014),1 the focus of
the hearing veered away from the best interest of the ward.
Reversed and remanded.
MAY, J., and HERSCH, RICHARD L., Associate Judge, concur.
* * *
Not final until disposition of timely filed motion for rehearing.
1Section 61.052(1)(b) provides that “no dissolution shall be allowed unless the
party alleged to be incapacitated shall have been adjudged incapacitated
according to the provisions of s....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1994 WL 539183
...Nancy W. Gregoire and W. Edward McIntyre, of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for respondents. WARNER, Judge. In this unfortunate proceeding, an elderly husband seeks a divorce from his incompetent wife. Based on section 61.052(1)(b), Florida Statutes (1993), the trial court abated the proceedings for three years. The husband petitions this court for a writ of certiorari, *657 claiming that the trial court departed from the essential requirements of law in ordering the abatement. We hold that it did not, because section 61.052(1)(b) precludes the institution or maintenance of an action for dissolution of marriage until three years after the wife has been adjudged incompetent....
...oth that the marriage was irretrievably broken and that the wife was incapacitated by stroke. The wife, through her son under the durable power of attorney, asserted as an affirmative defense that she was mentally incapacitated within the meaning of section 61.052(1)(b), Florida Statutes, and suggested that the husband was prohibited from maintaining the action for dissolution of marriage....
...adjudication of the wife's incapacity had been made. The wife then commenced incompetency proceedings which were completed in March 1994, and after a hearing on the matter, the trial court abated the dissolution proceedings for three years based on section 61.052(1)(b)....
...In this case, with the husband advanced in age, refusal to review the abatement order at this stage may deprive him of all access to the court. We therefore have no problem reaching the issue of whether the trial court's order departed from the essential requirements of law. We hold it did not. Section 61.052(1) provides: (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....
...ly vitiate the legislative scheme by rendering subsection "b" useless. Subsection (b) was originally enacted as section 61.042 in 1969. That section provided that "incurable insanity" was an additional ground for divorce. Its language was similar to section 61.052(1)(b)....
...The statute provided for a waiting period, procedural safeguards for the incompetent spouse, and compelled the "plaintiff" to provide for the care and maintenance of the insane "defendant." Two years after the adoption of section 61.042 the Florida Legislature passed the no-fault divorce statute. Section 61.052 replaced the former fault-based grounds for divorce....
...However, it retained "mental incompetence" as a separate fact which may be proved. If, as appellant suggests, a petitioning spouse may merely allege that the marriage is irretrievably broken to obtain a divorce, the question must be asked (which the trial judge did) what purpose is served by section 61.052(1)(b)? Every spouse of an incompetent who wanted to get a divorce less than three years after the adjudged incapacity of the responding spouse would rely on subsection (a) rather than subsection (b), if a petitioner could choose between subsections in filing for dissolution....
...Construing subsection (b) as the trial court did gives effect to both provisions. The statute provides that "no judgment shall be granted unless one of the following facts appears, which shall be pleaded generally: [either] (a) The marriage is irretrievably broken [or] (b) Mental incapacity of one of the parties." § 61.052(1), Fla....
...While the husband contends that by abating this action the court has acted contrary to section 415.114, Florida Statutes (1991), which permits a trial court to advance a civil action in which a person over 65 years of age is a party, that statute is discretionary, whereas section 61.052(1)(b) is mandatory in its requirements....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4142, 2010 WL 1212794
...valid." Stewart v. Hampton,
506 So.2d 70, 71 (Fla. 5th DCA 1987) (citing Grace v. Grace,
162 So.2d 314 (Fla. 1st DCA 1964)). In addition, parties seeking to dissolve their marriage are not required to demonstrate the existence of a marriage license. §
61.052(7), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 497505
...the appellee's residency. As noted in the order denying relief from the final judgment, the appellee "maintained 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
...f. Prior to entry of the general master's report, husband moved to bifurcate the property, alimony, and child support issues from the dissolution of the marriage alleging that since neither party contested that marriage's being irretrievably broken, Section 61.052(2)(b), Florida Statutes (1979), required the court to dissolve the marriage immediately....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 3479496
...See §
61.021, Fla. Stat. (2004). Proof of residency "may be corroborated by a valid Florida driver's 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...." §
61.052(2), 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 | 2013 WL 5629770, 2013 Fla. App. LEXIS 16449
...the marriage. The husband alleged that the parties separated earlier that month and that the marriage was irretrievably broken. Two weeks later, the wife filed a verified motion to stay or abate the dissolution proceeding for three years pursuant to section 61.052(l)(b), Florida Statutes (2013)....
...we remand for an evidentiary hearing and findings regarding the issue of bad faith. If the trial judge determines that the petition was filed in bad faith, the court may award the husband his attorney’s fees and costs as provided by the statute. . Section 61.052(l)(b) provides that the mental incapacity of a spouse is an alternative basis for dissolution of marriage, provided “the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...On the second issue, we respectfully submit, we cannot agree with the esteemed trial judge in his finding that the husband's petition for dissolution of marriage be denied and dismissed with prejudice. As we read the applicable statutory provision, the trial court was without authority to make such a finding. Section 61.052(2)(b), Florida Statutes, F.S.A., provides: "......
...retrievably broken, to continue the proceedings for a reasonable length of time, not to exceed three months, to enable the parties themselves to effect a reconciliation, or to order either, or both, of the parties to consult professional counselors. Section 61.052(2)(b), 5 F.S.A....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1993 WL 242659
...ued to require that one of the parties have been a resident of 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....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5640
one of the parties. (Section 7, adding new Section
61.052). The traditional fault-oriented grounds for
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 627, 2006 Fla. LEXIS 2366, 2006 WL 2771540
...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....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306
...ed and the other party has admitted the marriage is irretrievably broken or filed a counterpetition asserting that the marriage is irretrievably broken. (Footnote added.) In proposing this amendment, the rules committee seeks in part to comport with section 61.052(2), Florida Statutes (1999), insofar as that statute contemplates court action in dissolution of marriage cases “[biased on the evidence at the hearing.” 2 Significantly, *938 however, as drafted, the proposed amendment extends far...
...marital or post-marital agreements (except as otherwise provided, when applicable, by the Florida Probate Rules), injunctions for domestic and repeat violence, and all proceedings for modification, enforcement, and civil contempt of these actions. . Section 61.052(2) regarding dissolution of marriage provides in full: Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence requirements of s....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6657
...ver, the pleadings and evidence demonstrate that the marriage “in fact ended because of the basic unsuitability of the spouses for each other and their state of mind towards their relationship”. Riley v. Riley, Fla.App.1972,
271 So.2d 181 ; F.S. section
61.052(2)(a), F.S.A....
CopyPublished | District Court of Appeal of Florida
proceedings and appeals” (emphasis supplied)); cf. §
61.052(3), Fla. Stat. (listing the interim orders that
CopyPublished | Florida 3rd District Court of Appeal | 1997 WL 375066
...Ramlawi,
687 So.2d 1378 (Fla. 3d DCA 1997), and cases cited. Upon the exercise of our discretionary authority to treat the proceeding as a petition for certiorari, the application is denied because the order plainly did not depart from the essential requirements of the law, §
61.052(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
...resident for at least six months prior to filing his petition for dissolution of marriage but did
not separately allege that she was a resident of Florida. Thus, Former Wife had the
burden at trial of proving Former Husband’s residency in Florida.
Section
61.052(2), Florida Statutes (2015), requires that proof of residence under
section
61.021 be corroborated by a “valid Florida driver license, a Florida voter’s
registration card, a valid Florida identification card issued under [section...
...1953) (citing Phillips
v. Phillips,
1 So. 2d 186, 188 (Fla. 1941)).
Former Husband did not attend the trial. Moreover, Former Wife failed to establish
Former Husband’s residency in Florida with any of the necessary corroborative evidence
under section
61.052(2), resulting in the trial court lacking jurisdiction to enter the final
judgment....
CopyPublished | District Court of Appeal of Florida
his being found to be totally incapacitated, section
61.052(1)(b), Florida Statutes (2022), requires that
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 321, 1999 Fla. LEXIS 1174, 1999 WL 462636
...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 sections
61.052 and
61.13, Florida Statutes....
...A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. [[Image here]] NOTICE OF SOCIAL SECURITY NUMBER I, {full legal name} _, certify that my social security number is _ , as required in section
61.052(7), sections
61.13(9) or (10), section
742.031(3), sections
742.032(1)B(3), and/or sections
742.10(1)B(2), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 189, 1994 WL 16644
...ty was entered on December 17, 1992. On December 28, 1992, the appellee filed a motion for relief from judgment pursuant to Florida Rules of Civil Procedure 1.540 and 1.530. In his verified motion, the appellee alleged that since the requirements of section 61.052, Florida Statutes (1991), were not met the court did not have jurisdiction to grant a final judgment on January 23, 1992, and therefore, the court was without jurisdiction to enter the stipulated final judgment dated December 17, 1992....
...In order to obtain a dissolution of marriage in Florida, one of the parties to the marriage must reside in the state six months before the filing of a petition for dissolution. Section
61.021, Fla.Stat. (1991). Furthermore, evidence establishing a party’s residence *640 must be corroborated. Section
61.052(2), Fla.Stat....
...The fact that the parties generally testify, however, does not mean that a party must always testify. As long as there is evidence, e.g. sworn pleadings, that one of the parties is a bona fide resident and that evidence is corroborated, the jurisdictional requirement has been met. Sections
61.021,
61.052(2)....
CopyPublished | Supreme Court of Florida
...procedure. The Supreme Court Matrimonial Law Commission, which endorsed the proposal in principle, has recommended certain modifications. These recommendations concern the need for a requirement of corroborative evidence of residence to comply with section 61.052(2), Florida Statutes (1981), and the need for the parties to appear before a judge....
...udicial function. The Civil Rules Committee also raises concerns about the requirement of corroborative evidence of residence as well as the need for testimony that the marriage of the parties to the action is irretrievably broken, as required under section 61.052(2)(a), Florida Statutes (1981)....
...y appear before a judge, who should review the papers filed in the action and make whatever inquiry of the parties necessary to assure that they meet the criteria for the entry of final judgment of dissolution. We also find that, in conformance with section 61.052(2), Florida Statutes (1981), corroboration of residence is necessary from a person not a party to the action....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18867
...permitting the amend-' ment of the wife’s Petition. In any event, permitting the amendment was harmless error because the husband had filed his Counterclaim Petition for Dissolution. We pause here to point out the disparity in the language of F.S. Section 61.052, which deals with dissolution of marriage and is commonly known as the no-fault statute, and the provisions of F.S....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 20831, 40 Fla. L. Weekly Fed. D 66
...hmsted v. Turnwall,
138 So. 775, 777
(Fla. 1932). Furthermore, the statute pursuant to which divorces are granted in this
state requires a finding that a marriage is “irretrievably broken” before a
dissolution of that marriage can be granted. §
61.052(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 18612, 2008 WL 5191670
...evidence of residency in Florida. We reverse. Section
61.021, Florida Statutes (2007), 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.” Section
61.052(2) requires that proof of compliance with this residency requirement be corroborated, and it sets forth what constitutes sufficient corroborating evidence....
