Florida Rules of Civil Procedure
RULE 1.611 MARITAL AND POST-MARITAL PROCEEDINGS

(a) Financial Affidavit. Each party seeking (1) child support, alimony, or modification thereof; (2) equitable distribution of assets or debts; or (3) attorneys' fees, suit money, or court costs shall serve upon all parties a financial affidavit in substantial conformity with form 1.975. The party against whom the relief is sought shall serve upon all other parties an affidavit in substantial conformity with form 1.975. If no application for a temporary award is made, the parties shall make and serve affidavits at least 10 days before the trial. Each party applying for temporary alimony, temporary child support, or temporary attorneys' fees, suit money, or court costs shall serve upon all parties a financial affidavit in substantial conformity with form 1.975. The affidavit of the moving party shall be served with the notice of hearing on temporary relief. The affidavit of the party against whom relief is sought must be received by the moving party at least 2 days before the hearing on temporary relief.

(b) Payment to Public Officer.

(1) If the chief judge of the circuit by administrative order authorizes the creation of a central governmental depository for the circuit or county within the circuit to receive, record, and disburse all support alimony or maintenance payments, as provided in section 61.181, Florida Statutes (1983), the court may direct that payment be made to the officer designated in the administrative order.

(2) If the court so directs, the payments shall be made to the officer designated. The officer shall keep complete and accurate accounts of all payments received. Payments shall be made by cash, money order, cashier's check, or certified check. The officer shall promptly disburse the proceeds to the party entitled to receive them under the judgment or order. Payment may be enforced by the party entitled to it or the court may establish a system under which the officer issues a motion for enforcement and a notice of hearing in the form approved by the supreme court. The motion and notice shall be served on the defaulting party in person or by mail. At the hearing the court shall enter an appropriate order based on the testimony presented to it.

(c) Simplified Dissolution Procedure.

(1) The parties to the dissolution may file a petition for simplified dissolution if they certify under oath that: there are no minor or dependent children of the parties and the wife is not now pregnant; the parties have made a satisfactory division of their property and have agreed as to payment of their joint obligations; and the other facts set forth in form 1.943(b) are true.

(2) The clerk shall submit the petition to the court. The court shall expeditiously consider the cause. The parties shall appear before the court in every case and, if the court so directs, testify. The court, after examination of the petition and personal appearance of the parties, shall enter a judgment granting the dissolution if the requirements of this subdivision have been established and there has been compliance with the waiting period required by statute.

(3) The Financial Affidavit, form 1.943(d), and the Property Settlement Agreement, form 1.943(e), may be used when appropriate.

(4) Upon the entry of the judgment, the clerk shall furnish to each party a certified copy of the final judgment of dissolution, which shall be in substantially the form provided in form 1.995(b).

(5) The clerk shall provide forms for the parties whose circumstances meet the requirements of this subsection and shall assist in the preparation of the petition for dissolution and other papers to be filed in the action.

(d) Corroboration of Residency. In all dissolution of marriage proceedings in which residency is not a contested issue, corroboration of the residency of the parties may be by affidavit in substantially the form provided in form 1.943(c).


Table of Contents
Florida Lawyers WWW Resource Center


/266//266//266//266//266/