Orlando Divorce Lawyer & Orange County Florida Divorce Attorney -
|
| Divorce , Residency Requirements, Delay Period & Proceedings Against Nonresidents |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
Orange County Florida Divorce Lawyer & Orlando Family Attorney
| Free Initial Consultation |
Call the Wilson Law Firm Today at: (407) 648-5255
Available 24 Hours a Day 7 Days a Week
Available 24 Hours a Day 7 Days a Week
| Wilson Law Firm, P.L. 232 Hillcrest Street, Orlando, FL 32801 Tel: (407) 648-5255 |
The Firm Accepts:
Orlando Divorce Attorney & Orange County Florida Divorce Lawyer - The hiring of an attorney is an important decision which should not be based solely on
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orange County divorce lawyer and Winter Park Florida family law attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orange County divorce lawyer and Winter Park Florida family law attorney today. The Wilson Law Firm, P.L. © 2010
|
| Call Today: (407) 648-5255 |
| Call Today: (407) 648-5255 |
Florida Statute 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 petition.
Florida Statute 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’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
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.
Florida Statute 61.061 - Proceedings against nonresidents.
Proceedings may be brought against persons residing out of the state.
Florida Statute 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 for dissolution of marriage; but the court, on a showing that injustice would result from this delay,
may enter a final judgment of dissolution of marriage at an earlier date.
___________________________________________________________
Please review the following Florida Statutes for some more information on Dissolutions of Marriage, Alimony,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 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.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm represents
individuals in divorce and family law cases in the Central Florida area, including the cities of Altamonte Springs,
Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake County, Orange
County, Osceola County, Seminole County, and Volusia County, Florida.
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 petition.
Florida Statute 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’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
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.
Florida Statute 61.061 - Proceedings against nonresidents.
Proceedings may be brought against persons residing out of the state.
Florida Statute 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 for dissolution of marriage; but the court, on a showing that injustice would result from this delay,
may enter a final judgment of dissolution of marriage at an earlier date.
___________________________________________________________
Please review the following Florida Statutes for some more information on Dissolutions of Marriage, Alimony,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 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.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm represents
individuals in divorce and family law cases in the Central Florida area, including the cities of Altamonte Springs,
Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well as Lake County, Orange
County, Osceola County, Seminole County, and Volusia County, Florida.
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| Orlando Divorce Lawyer |
The Law Firm handles Divorce and
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.