Florida Statutes Part I - General Provisions (Ss. 61.001-61.45)

• 61.001 - Purpose Of Chapter.
  (1) This chapter shall be liberally construed and applied.(2) Its purposes are:(a) To preserve the integrity of marriage and to safeguard meaningful family relationships;(b) To promote the amicable settlement...
• 61.011 - Dissolution In Chancery.
  Proceedings under this chapter are in chancery.History.—s. 1, Oct. 31, 1828; RS 1477; GS 1925; RGS 3188; CGL 4980; s. 2, ch. 29737, 1955; s....
• 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...
• 61.031 - Dissolution Of Marriage To Be A Vinculo.
  No dissolution of marriage is from bed and board, but is from bonds of matrimony.History.—s. 3, Feb. 14, 1835; RS 1479; GS 1927; RGS 3190;...
• 61.0401 - Application Of The Law Of A Foreign Country In Courts Relating To Matters Arising Out Of Or Relating To This Chapter And Chapter 88.
  (1) As used in this section, the term “strong public policy” means public policy of sufficient importance to outweigh the policy of protecting freedom of contract.(2) A...
• 61.043 - Commencement Of A Proceeding For Dissolution Of Marriage Or For Alimony And Child Support; Dissolution Questionnaire.
  (1) A proceeding for dissolution of marriage or a proceeding under s. 61.09 shall be commenced by filing in the circuit court a petition entitled “In...
• 61.044 - Certain Existing Defenses Abolished.
  The defenses to divorce and legal separation of condonation, collusion, recrimination, and laches are abolished.History.—s. 6, ch. 71-241.
• 61.046 - Definitions.
  As used in this chapter, the term:(1) “Business day” means any day other than a Saturday, Sunday, or legal holiday.(2) “Clerk of Court Child Support Collection System”...
• 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...
• 61.061 - Proceedings Against Nonresidents.
  Proceedings may be brought against persons residing out of the state.History.—s. 1, Feb. 4, 1833; RS 1482; GS 1930; RGS 3193; CGL 4985; s. 2,...
• 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...
• 61.075 - Equitable Distribution Of Marital Assets And Liabilities.
  (1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in...
• 61.076 - Distribution Of Retirement Plans Upon Dissolution Of Marriage.
  (1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are...
• 61.077 - Determination Of Entitlement To Setoffs Or Credits Upon Sale Of Marital Home.
  A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties’ settlement agreement, final judgment of...
• 61.079 - Premarital Agreements.
  (1) SHORT TITLE.—This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings under the Florida Family Law Rules...
• 61.08 - Alimony.
  (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in...
• 61.09 - Alimony And Child Support Unconnected With Dissolution.
  If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails...
• 61.10 - Adjudication Of Obligation To Support Spouse Or Minor Child Unconnected With Dissolution; Parenting Plan.
  Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse...
• 61.11 - Writs.
  (1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it,...
• 61.12 - Attachment Or Garnishment Of Amounts Due For Alimony Or Child Support.
  (1) So much as the court orders of the money or other things due to any person or public officer, state or county, whether the head...
• 61.122 - Parenting Plan Recommendation; Presumption Of Psychologist’s Good Faith; Prerequisite To Parent’s Filing Suit; Award Of Fees, Costs, Reimbursement.
  (1) A psychologist who has been appointed by the court to develop a parenting plan recommendation in a dissolution of marriage, a case of domestic violence,...
• 61.125 - Parenting Coordination.
  (1) PURPOSE.—The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing...
• 61.13 - Support Of Children; Parenting And Time-sharing; Powers Of Court.
  (1)(a) In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a...
• 61.13001 - Parental Relocation With A Child.
  (1) DEFINITIONS.—As used in this section, the term:(a) “Child” means any person who is under the jurisdiction of a state court pursuant to the Uniform Child Custody...
• 61.13002 - Temporary Time-sharing Modification And Child Support Modification Due To Military Service.
  (1) If a supplemental petition or a motion for modification of time-sharing and parental responsibility is filed because a parent is activated, deployed, or temporarily assigned...
• 61.13003 - Court-ordered Electronic Communication Between A Parent And A Child.
  (1)(a) In connection with proceedings under this chapter, a court may order electronic communication between a parent and a child. Before ordering electronic communication, a court...
• 61.1301 - Income Deduction Orders.
  (1) ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD SUPPORT.—(a) Upon the entry of an order establishing, enforcing, or...
• 61.13015 - Petition For Suspension Or Denial Of Professional Licenses And Certificates.
  (1) An obligee may petition the court which entered the support order or the court which is enforcing the support order for an order to suspend...
• 61.13016 - Suspension Of Driver Licenses And Motor Vehicle Registrations.
  (1) The driver license and motor vehicle registration of a support obligor who is delinquent in payment or who has failed to comply with subpoenas or...
• 61.1354 - Sharing Of Information Between Consumer Reporting Agencies And The Iv-d Agency.
  (1) Upon receipt of a request from a consumer reporting agency as defined in s. 603(f) of the Fair Credit Reporting Act, the IV-D agency or...
• 61.14 - Enforcement And Modification Of Support, Maintenance, Or Alimony Agreements Or Orders.
  (1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution...
• 61.16 - Attorney’s Fees, Suit Money, And Costs.
  (1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s...
• 61.17 - Alimony And Child Support; Additional Method For Enforcing Orders And Judgments; Costs, Expenses.
  (1) An order or judgment for the payment of alimony or child support or either entered by any court of this state may be enforced by...
• 61.18 - Alimony And Child Support; Default In Undertaking Of Bond Posted To Ensure Payment.
  (1) When there is a breach of the condition of any bond posted to ensure the payment of alimony or child support, either temporary or permanent,...
• 61.181 - Depository For Alimony Transactions, Support, Maintenance, And Support Payments; Fees.
  (1)(a) The office of the clerk of the court shall operate a depository unless the depository is otherwise created by special act of the Legislature or...
• 61.1811 - Clerk Of The Court Child Support Enforcement Collection System Trust Fund.
  There is hereby created the Clerk of the Court Child Support Enforcement Collection System Trust Fund to be used to deposit the department’s share of...
• 61.1812 - Child Support Incentive Trust Fund.
  (1) The Child Support Incentive Trust Fund is hereby created, to be administered by the Department of Revenue. All child support enforcement incentive earnings and that...
• 61.1814 - Child Support Enforcement Application And Program Revenue Trust Fund.
  (1) The Child Support Enforcement Application and Program Revenue Trust Fund is hereby created, to be administered by the Department of Revenue. The purpose of the...
• 61.1816 - Child Support Clearing Trust Fund.
  (1) The Child Support Clearing Trust Fund is hereby created, to be administered by the Department of Revenue. Funds shall be credited to the trust fund...
• 61.1824 - State Disbursement Unit.
  (1) The State Disbursement Unit is hereby created and shall be operated by the Department of Revenue or by a contractor responsible directly to the department....
• 61.1825 - State Case Registry.
  (1) The Department of Revenue or its agent shall operate and maintain a State Case Registry as provided by 42 U.S.C. s. 654A. The State Case...
• 61.1826 - Procurement Of Services For State Disbursement Unit And The Non-title Iv-d Component Of The State Case Registry; Contracts And Cooperative Agreements; Penalties; Withholding Payment.
  (1) LEGISLATIVE FINDINGS.—The Legislature finds that the clerks of court play a vital role, as essential participants in the establishment, modification, collection, and enforcement of child...
• 61.1827 - Identifying Information Concerning Applicants For And Recipients Of Child Support Services.
  (1) Any information that reveals the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons,...
• 61.183 - Mediation Of Certain Contested Issues.
  (1) In any proceeding in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested, the court...
• 61.19 - Entry Of Judgment Of Dissolution Of Marriage, Delay Period.
  No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition...
• 61.191 - Application.
  (1) This act applies to all proceedings commenced on or after July 1, 1971. However, pending actions for divorce are deemed to have been commenced on...
• 61.20 - Social Investigation And Recommendations Regarding A Parenting Plan.
  (1) In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and...
• 61.21 - Parenting Course Authorized; Fees; Required Attendance Authorized; Contempt.
  (1) LEGISLATIVE FINDINGS; PURPOSE.—It is the finding of the Legislature that:(a) A large number of children experience the separation or divorce of their parents each year. Parental...
• 61.29 - Child Support Guidelines; Principles.
  The following principles establish the public policy of the State of Florida in the creation of the child support guidelines:(1) Each parent has a fundamental obligation...
• 61.30 - Child Support Guidelines; Retroactive Child Support.
  (1)(a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an...
• 61.401 - Appointment Of Guardian Ad Litem.
  In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in...
• 61.402 - Qualifications Of Guardians Ad Litem.
  (1) A person appointed as a guardian ad litem pursuant to s. 61.401 must be:(a) Certified by the Guardian Ad Litem Program pursuant to s. 39.821;(b) Certified by...
• 61.403 - Guardians Ad Litem; Powers And Authority.
  A guardian ad litem when appointed shall act as next friend of the child, investigator or evaluator, not as attorney or advocate but shall act...
• 61.404 - Guardians Ad Litem; Confidentiality.
  The guardian ad litem shall maintain as confidential all information and documents received from any source described in s. 61.403(2) and may not disclose such...
• 61.405 - Guardians Ad Litem; Immunity.
  Any person participating in a judicial proceeding as a guardian ad litem shall be presumed prima facie to be acting in good faith and in...
• 61.45 - Court-ordered Parenting Plan; Risk Of Violation; Bond.
  (1) In any proceeding in which the court enters a parenting plan, including a time-sharing schedule, including in a modification proceeding, upon the presentation of competent...

Last modified: September 23, 2016