| 1 | A bill to be entitled |
| 2 | An act relating to dissolution of marriage; providing a |
| 3 | short title; amending s. 61.052, F.S.; providing that a |
| 4 | party in a proceeding to dissolve a marriage solemnized |
| 5 | under religious auspices may request a declaration from |
| 6 | the other party that the other party will cooperate in |
| 7 | removal of any barrier to the requesting party's |
| 8 | remarriage following the dissolution; defining specified |
| 9 | terms; providing for the effect of failure to comply with |
| 10 | a request or declaration; providing for a sworn statement |
| 11 | by an officiating member of the clergy concerning a |
| 12 | party's compliance with removal of impediments to |
| 13 | remarriage; providing for construction of provisions; |
| 14 | amending s. 61.075, F.S.; providing for consideration of a |
| 15 | party's compliance with a request for removal of barriers |
| 16 | to remarriage as an equitable factor in distribution of |
| 17 | assets and liabilities; amending s. 61.08, F.S.; providing |
| 18 | for consideration of a party's compliance with a request |
| 19 | for removal of barriers to remarriage as a factor in award |
| 20 | of alimony; amending s. 61.14, F.S.; providing that a |
| 21 | party's failure to comply with a declaration to cooperate |
| 22 | in the removal of barriers to remarriage may be considered |
| 23 | a changed circumstance for purposes of modification of |
| 24 | alimony; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. This act may be cited as the "Freedom to |
| 29 | Remarry Act." |
| 30 | Section 2. Subsection (9) is added to section 61.052, |
| 31 | Florida Statutes, to read: |
| 32 | 61.052 Dissolution of marriage.-- |
| 33 | (9) This subsection applies only to a marriage solemnized |
| 34 | by a regularly ordained minister of the gospel or elder in |
| 35 | communion with some church or other ordained member of the |
| 36 | clergy, or in accordance with s. 741.07(2) or a similar |
| 37 | provision in another jurisdiction. |
| 38 | (a) As used in this subsection, the term: |
| 39 | 1. "Barrier to remarriage" includes, without limitation, |
| 40 | any religious or conscientious restraint or inhibition of which |
| 41 | the party required to make the verified statement is aware that |
| 42 | is imposed on a party to a marriage under the principles held by |
| 43 | the person who has solemnized the marriage by reason of the |
| 44 | other party's commission or withholding of any voluntary act. |
| 45 | Nothing in this subsection shall be construed to require any |
| 46 | party to consult with any member of the clergy or minister to |
| 47 | determine whether there exists any such religious or |
| 48 | conscientious restraint or inhibition. It shall not be deemed a |
| 49 | "barrier to remarriage" within the meaning of this subsection if |
| 50 | the restraint or inhibition cannot be removed by the party's |
| 51 | voluntary act. Nor shall it be deemed a "barrier to remarriage" |
| 52 | if the party must incur expenses in connection with removal of |
| 53 | the restraint or inhibition and the other party refuses to |
| 54 | provide reasonable reimbursement for such expenses. |
| 55 | 2. "All steps solely within his or her power" does not |
| 56 | include application to a marriage tribunal or other similar |
| 57 | organization or agency of a religious denomination which has |
| 58 | authority to annul or dissolve a marriage under the rules of |
| 59 | such denomination. |
| 60 | (b)1. Any party to a marriage subject to this subsection |
| 61 | who commences a dissolution proceeding may allege in his or her |
| 62 | verified complaint that: |
| 63 | a. To the best of his or her knowledge, he or she has |
| 64 | taken or will take, prior to the entry of final judgment, all |
| 65 | steps solely within his or her power to remove any barrier to |
| 66 | the defendant's remarriage following the dissolution and, as |
| 67 | needed, following entry of final judgment will take any such |
| 68 | steps that could not be taken beforehand; or |
| 69 | b. The defendant has waived in writing the requirements of |
| 70 | this paragraph. |
| 71 | 2. If the plaintiff complies with subparagraph 1., he or |
| 72 | she may request that the defendant execute a written declaration |
| 73 | that, to the best of his or her knowledge, he or she has taken |
| 74 | or will take, prior to the entry of final judgment, all steps |
| 75 | solely within his or her power to remove any barrier to the |
| 76 | plaintiff's remarriage following the dissolution and, as needed, |
| 77 | following entry of final judgment will take any such steps that |
| 78 | could not be taken beforehand. |
| 79 | (c)1. Any party to a marriage subject to this subsection |
| 80 | against whom a dissolution is commenced may allege that: |
| 81 | a. To the best of his or her knowledge, he or she has |
| 82 | taken or will take, prior to the entry of final judgment, all |
| 83 | steps solely within his or her power to remove any barrier to |
| 84 | the plaintiff's remarriage following the dissolution and, as |
| 85 | needed, following entry of final judgment will take any such |
| 86 | steps that could not be taken beforehand; or |
| 87 | b. The plaintiff has waived in writing the requirements of |
| 88 | this paragraph. |
| 89 | 2. If the defendant complies with subparagraph 1., he or |
| 90 | she may request that the plaintiff execute a written declaration |
| 91 | that, to the best of his or her knowledge, he or she has taken |
| 92 | or will take, prior to the entry of final judgment, all steps |
| 93 | solely within his or her power to remove any barrier to the |
| 94 | defendant's remarriage following the dissolution and, as needed, |
| 95 | following entry of final judgment will take any such steps that |
| 96 | could not be taken beforehand. |
| 97 | (d) A writing attesting to any waiver of the requirements |
| 98 | of paragraph (b) or paragraph (c) shall be filed with the court |
| 99 | prior to the entry of a final judgment of dissolution. |
| 100 | (e) Failure of a party to a dissolution subject to this |
| 101 | subsection to comply with a request under subparagraph (b)2. or |
| 102 | subparagraph (c)2. in the absence of a waiver by the opposing |
| 103 | party or failure to honor the terms of a declaration made under |
| 104 | paragraph (b) or paragraph (c) may be considered a factor in the |
| 105 | distribution of assets and liabilities as provided in s. 61.075, |
| 106 | an award of alimony as provided in s. 61.08, or modification of |
| 107 | an award of alimony under s. 61.14. |
| 108 | (f) Notwithstanding the filing of a party's sworn |
| 109 | statement prescribed by subparagraph (b)1. or subparagraph |
| 110 | (c)1., such subparagraph shall not be considered to have been |
| 111 | complied with by that party if the member of the clergy who has |
| 112 | solemnized the marriage certifies, in a sworn statement, that he |
| 113 | or she has solemnized the marriage and that to his or her |
| 114 | knowledge the party has failed to take all steps solely within |
| 115 | his or her power to remove all barriers to the opposing party's |
| 116 | remarriage following the dissolution, provided that the member |
| 117 | of the clergy or minister is alive, available, and competent to |
| 118 | testify at the time a court finds a failure to comply based on |
| 119 | such statement. |
| 120 | (g) Nothing in this subsection authorizes a court to |
| 121 | inquire into or determine any ecclesiastical or religious issue. |
| 122 | The truth of any statement submitted pursuant to this subsection |
| 123 | shall not be the subject of any judicial inquiry, except as |
| 124 | provided in paragraph (f). |
| 125 | Section 3. Subsection (10) is added to section 61.075, |
| 126 | Florida Statutes, to read: |
| 127 | 61.075 Equitable distribution of marital assets and |
| 128 | liabilities.-- |
| 129 | (10) A court may consider as an equitable factor in |
| 130 | determining the distribution of assets and liabilities whether a |
| 131 | party has complied with a request to make a declaration under s. |
| 132 | 61.052(9) to cooperate in removing any barrier to the other |
| 133 | party's remarriage and, if such a declaration has been made, |
| 134 | whether the party has complied with that declaration. |
| 135 | Section 4. Paragraph (h) is added to subsection (2) of |
| 136 | section 61.08, Florida Statutes, to read: |
| 137 | 61.08 Alimony.-- |
| 138 | (2) In determining a proper award of alimony or |
| 139 | maintenance, the court shall consider all relevant economic |
| 140 | factors, including but not limited to: |
| 141 | (h) A party's compliance with a request to make a |
| 142 | declaration under s. 61.052(9) to cooperate in removing any |
| 143 | barrier to the other party's remarriage and, if such a |
| 144 | declaration has been made, the party's compliance with that |
| 145 | declaration. |
| 146 |
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| 147 | The court may consider any other factor necessary to do equity |
| 148 | and justice between the parties. |
| 149 | Section 5. Paragraph (a) of subsection (1) of section |
| 150 | 61.14, Florida Statutes, is amended to read: |
| 151 | 61.14 Enforcement and modification of support, |
| 152 | maintenance, or alimony agreements or orders.-- |
| 153 | (1)(a) When the parties enter into an agreement for |
| 154 | payments for, or instead of, support, maintenance, or alimony, |
| 155 | whether in connection with a proceeding for dissolution or |
| 156 | separate maintenance or with any voluntary property settlement, |
| 157 | or when a party is required by court order to make any payments, |
| 158 | and the circumstances or the financial ability of either party |
| 159 | changes or the child who is a beneficiary of an agreement or |
| 160 | court order as described herein reaches majority after the |
| 161 | execution of the agreement or the rendition of the order, either |
| 162 | party may apply to the circuit court of the circuit in which the |
| 163 | parties, or either of them, resided at the date of the execution |
| 164 | of the agreement or reside at the date of the application, or in |
| 165 | which the agreement was executed or in which the order was |
| 166 | rendered, for an order decreasing or increasing the amount of |
| 167 | support, maintenance, or alimony, and the court has jurisdiction |
| 168 | to make orders as equity requires, with due regard to the |
| 169 | changed circumstances or the financial ability of the parties or |
| 170 | the child, decreasing, increasing, or confirming the amount of |
| 171 | separate support, maintenance, or alimony provided for in the |
| 172 | agreement or order. A finding that medical insurance is |
| 173 | reasonably available or the child support guidelines in s. 61.30 |
| 174 | may constitute changed circumstances. Except as otherwise |
| 175 | provided in s. 61.30(11)(c), the court may modify an order of |
| 176 | support, maintenance, or alimony by increasing or decreasing the |
| 177 | support, maintenance, or alimony retroactively to the date of |
| 178 | the filing of the action or supplemental action for modification |
| 179 | as equity requires, giving due regard to the changed |
| 180 | circumstances or the financial ability of the parties or the |
| 181 | child. A finding that a party has failed to comply with a |
| 182 | declaration made by that party under s. 61.052(9) to cooperate |
| 183 | in removing any barrier to the other party's remarriage may |
| 184 | constitute a changed circumstance regarding an award of alimony. |
| 185 | Section 6. This act shall take effect July 1, 2007. |