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. |