Family law proceedings and grounds

• Author: Annette J. Szorosy/Stephanie Matalon
• Profession: General Magistrate/General Magistrate
• Pages: 287-326

FAMILY LAW

PROCEEDINGS,

GROUNDS

5-1

CHAPTER 5

Family Law

Proceedings and Grounds

QUICK VIEW

This chapter assists the family lawyer to identify actions and grounds that may be applicable in the Florida

family law case. Family law practice is primarily statutory. The governing statutes are found in Chapter 61,

Florida Statutes. The purpose of Chapter 61 is to preserve the integrity of marriage and to safeguard mean-

ingful family relationships, to promote the amicable settlement of disputes that arise between parties to a

marriage, and to mitigate the potential harm to the spouses and their children caused by the process of legal

dissolution of marriage.

TABLE OF CONTENTS

I. MARRIAGE

§5:01 Requirements for Valid Marriage

§5:02 Common Law Marriage Abolished

§5:03 Validity of Foreign Marriage

§5:04 Void Marriage

§5:05 Voidable Marriage

II. STATUTORY ACTION FOR DISSOLUTION OF MARRIAGE

§5:10 No Fault Statute

§5:11 Simplif‌ied Dissolution of Marriage Distinguished

§5:12 Waiting Period

§5:13 Bifurcation

§5:14 Substantive Relief

§5:15 Impact of Electronic Filing and Supreme Court Rule Changes on Proceedings and Grounds

III. DISSOLUTION: NO FAULT GROUNDS AND DEFENSES

A. General Points

§5:20 Two Grounds Only

§5:21 Fault Not Necessary

§5:22 Defenses Abolished

B. Marriage Is Irretrievably Broken

§5:30 When Marriage Is Irretrievably Broken

§5:31 Court Ordered Counseling

§5:32 When Client Wants to Deny Breakdown

§5:33 When Parties Have Minor Children

FAMILY LAW

PROCEEDINGS,

GROUNDS

Florida Family Law and Practice 5-2

C. Mental Incapacity

§5:40 Three-Year Requirement

§5:41 Notice to Guardian

IV. ACTIONS ANCILLARY TO DISSOLUTION

A. General Points

§5:50 Def‌ined

§5:51 Types of Ancillary Actions

§5:52 Name Change

§5:53 Jewish Divorce

§5:54 Notice of Related Cases

§5:55 Child Born to Intact Marriage Between Legal Parents

§5:56 Application of Foreign Law and Enforcement of a

Judgment or Order of a Court of a Foreign Country

B. Actions Relating to Propert y

§5:60 Partition of Real and Personal Property

§5:61 Action Against Revocable Trusts

§5:62 Constructive Trust

§5:63 Resulting Trust

§5:64 Equitable Lien

§5:65 Civil Theft

C. Torts

§5:70 Abrogation of Interspousal Immunity

§5:71 Examples of Torts in Family Law Cases

D. Injunctions

§5:80 General Points

§5:81 Injunctions for Protection Against Domestic Violence

§5:82 Injunctions for Protection Against Repeat Violence

§5:83 Injunctions for Protection Against Dating Violence

§5:84 Injunctions to Prevent Dissipation or Disposal of Assets; Writs of Ne Exeat and Attachment

E. Garnishment and Sequestration

§5:90 Garnishment

§5:91 Sequestration

V. SEPARATE MAINTENANCE

§5:100 Separate Maintenance Def‌ined

§5:101 Person Needing Support as Petitioner

§5:102 Person Liable for Support as Petitioner

§5:103 Distribution of Propert y

§5:104 Action May Be Necessar y to Establish Separation Date

VI. ANNULMENT

§5:110 Annulment Def‌ined

§5:111 Grounds

§5:112 No Annulment After Voidable Marriage Is Ratif‌ied

§5:113 Petitioner Must Be Innocent Party

§5:114 Temporary Support Is Available

§5:115 Equitable Alimony

§5:116 Presumptions and Assertions

FAMILY LAW

PROCEEDINGS,

GROUNDS

5-3 Family Law Proceedings and Grounds

VII. ACTIONS BETWEEN UNMARRIED PARTNERS

§5:120 Same -Sex Marriage Recognized

§5:121 Chapter 61 Awards

§5:122 No Palimony But Written Contract for Support Is Enforceable

§5:123 Cour ts Split on Enforcement of Oral Contract for Support

§5:124 Constructive Trust or Equitable Lien Theory

§5:125 Declaratory Judgment

§5:126 Quantum Meruit

§5:127 Legalization of Same Sex Marriage

VIII. INDEPENDENT CHILD SUPPORT AND PARENTAL RESPONSIBILITY CAUSES OF ACTION

§5:140 General Points

§5:141 Establishment of Child Suppor t

§5:142 Enforcement of Child Support

§5:143 Parental Responsibility and Parenting Plan

§5:144 Habeas Corpus and Child Pick-Up Orders

§5:145 Inherent Jurisdiction Doctrine

§5:146 Paternity Disestablishment

§5:147 Relocation Issues

§5:148 Depar tment of Revenue Administrative Proceedings for Establishment of Child Support

§5:149 Parent on Military Assignment

§5:149.1 Actions Involving Grandparents

IX. SANCTIONS FOR BASELESS CLAIMS AND HOW TO AVOID THEM

§5:150 Lawyers May Be Sanctioned Personally

§5:151 Attorney Fee Award for Baseless Claims and Defenses

§5:152 Damages for Unreasonable Delay

§5:153 Inherent Authority to Impose Attorney Fees: Moakley Sanctions

§5:154 Reasonable Investigation of Facts

§5:155 Reasonable Investigation of Law

§5:156 Vanilla Pleadings

§5:157 Presuit Mediation or Voluntary Nonbinding Arbitration

§5:158 Impact of Dut y of Candor

FORMS (LOCATED ON DIGITAL ACCESS)

Form 5:10 Notice of Related Cases