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.
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(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, 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
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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 primary residence, custody, rotating custody,
visitation, 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.
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(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.
61.061 Proceedings
against nonresidents. -- Proceedings may be brought
against persons residing out of the state.
61.071 Alimony pendente
lite; suit money. -- In every proceeding for dissolution
of the marriage, a party may claim alimony and suit money in
the petition or by motion, and if the petition is well founded,
the court shall allow a reasonable sum therefor. If a party
in any proceeding for dissolution of marriage claims alimony
or suit money in his or her answer or by motion, and the answer
or motion is well founded, the court shall allow a reasonable
sum therefor.
