Florida Bar Re Amendment to Florida Rules of Civil Procedure

450 So. 2d 810
CourtSupreme Court of Florida
DecidedDecember 8, 1983
DocketNo. 62147
StatusPublished
Cited by3 cases

This text of 450 So. 2d 810 (Florida Bar Re Amendment to Florida Rules of Civil Procedure) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Florida Bar Re Amendment to Florida Rules of Civil Procedure, 450 So. 2d 810 (Fla. 1983).

Opinions

OVERTON, Justice.

The Florida Bar has petitioned this Court to amend Florida Rule of Civil Procedure 1.611 (Dissolution of Marriage) to provide a simplified procedure by which dissolution of a marriage of short duration can be obtained by the parties without their having to employ private counsel. This proposed rule amendment has been submitted in response to this Court’s direction that the Bar study the legal needs of Florida citizens and recommend ways of providing accessible, inexpensive legal services to the public. We approve a modified form of the Bar’s proposed amendment, but delay its effective date to afford all interested parties an opportunity to comment.

The suggested simplified dissolution procedure serves several purposes. It makes the courts more accessible and minimizes costs to the parties, while protecting both the interests of the parties in the fair resolution of their case and the interests of the state in this type of proceeding. We find that the suggested rule amendment is a step forward in making Florida’s courts available and affordable. Other jurisdictions have adopted similar simplified dissolution proceedings.1

Self-help representation by low income persons in domestic relations matters has been the subject of prior proceedings in this Court. In The Florida Bar v. Brumbaugh, 355 So.2d 1186 (Fla.1978), we considered the matter of secretarial services selling and preparing do-it-yourself divorce kits. In that case, “we took the opportunity to clearly define to non-lawyers the proper realm in which they could operate without engaging in the unauthorized practice of law.” The Florida Bar v. Furman, 376 So.2d 378, 381 (Fla.1979). We held that they could advertise their activities of providing secretarial and notarial services and selling legal forms and general printed information, but directed that they could not “engage in advising clients as to the various remedies available to them, or otherwise assist them in preparing those forms necessary for a dissolution proceeding.” 355 So.2d at 1194. In Furman, we again considered allegations that a secretarial service “engaged in the unauthorized practice of law by giving legal advice and by rendering legal services in connection with marriage dissolutions _” 376 So.2d at 379.

On the basis of the problems raised in these eases, the referee’s report to this Court in Furman urged that “as part of our disposition in ... [that] case we require the bar to conduct a study to determine how to provide effective legal services to [811]*811the indigent.” Id. at 381-82. We accepted the referee’s suggestion, recognizing that “it is our responsibility to promote the full availability of legal services,” and that “[d]evising means for providing effective legal services to the indigent and poor is a continuing problem.” Id. at 382. Further, we stated that the record in Furman suggested that more attention should be given to the subject and directed “The Florida Bar to begin immediately a study to determine better ways and means of providing legal services to the indigent.” Id.

Pursuant to this Court’s direction, The Florida Bar had prepared a study entitled “The Legal Needs of the Poor and Underrepresented Citizens of Florida: An Overview 1980.” The report, which was filed in this Court on February 1, 1980, stated that there was a need to reduce the complexity of certain litigation and suggested the adoption of a simplified procedure for dissolution of marriages similar to that used in California. The Florida Bar, in part because of the recommendation contained in this report, filed the instant petition under this Court’s rule-making authority, seeking the adoption of a simplified dissolution procedure. The Supreme Court Matrimonial Law Commission, which endorsed the proposal in principle, has recommended certain modifications. These recommendations concern the need for a requirement of corroborative evidence of residence to comply with section 61.052(2), Florida Statutes (1981), and the need for the parties to appear before a judge. The recommendations of the Matrimonial Law Commission concerning corroboration of residency and appearance before a judge are accepted and are incorporated in the modified procedure adopted in this opinion. We have, however, eliminated the limitation suggested by The Florida Bar and the Matrimonial Law Commission that the parties shall have been married for five years or less. Such a limitation, we find, is not necessary when the parties are required to appear before a judge.

In opposition to the proposed simplified dissolution procedure, the Civil Rules Committee of The Florida Bar contends that the determination of whether there should be a summary dissolution of marriage procedure in Florida is a legislative rather than a judicial function. The Civil Rules Committee also raises concerns about the requirement of corroborative evidence of residence as well as the need for testimony that the marriage of the parties to the action is irretrievably broken, as required under section 61.052(2)(a), Florida Statutes (1981).

The General Practice Section of The Florida Bar also opposes the suggested rule amendment and disagrees with the recommendations stated in the “Legal Needs of the Poor” study. The General Practice Section contends that a simplified dissolution procedure will not provide sufficient assistance to the poor. This Court, the section asserts, should not rely on “do-it-yourself procedures” but should instead provide legal consultation so that the rights of the poor are protected. The argument is made that those individuals who would use the simplified dissolution proceedings need legal representation, even where there are no children of the marriage and there is no property dispute.

Increasingly, in many types of legal actions it is neither financially nor economically feasible for litigants to hire attorneys. We have addressed this problem in some areas, including the simplification of small claims type actions, where we have directed court clerks to aid parties in completing the necessary claim forms.2 We have also adopted simplified probate procedures.3 The legislature itself has expressly recognized the right of citizens to represent themselves in legal actions.4 We find that [812]*812it is this Court’s responsibility to implement simplified court procedures if they reduce legal costs and make courts more accessible to Florida citizens, protect the rights of citizens in the disposition of disputes, protect the public interest in such proceedings, and are consistent with the statutory law in the area addressed. The rule amendment adopted here establishing a simplified dissolution procedure meets these criteria.

In adopting a simplified dissolution procedure, we find that in order to properly protect the interests of the parties and the interests of the state, the parties should personally appear before a judge, who should review the papers filed in the action and make whatever inquiry of the parties necessary to assure that they meet the criteria for the entry of final judgment of dissolution. We also find that, in conformance with section 61.052(2), Florida Statutes (1981), corroboration of residence is necessary from a person not a party to the action. Proof by affidavit, however, is sufficient in a simplified dissolution proceeding unless the presiding judge believes that direct testimony of residence is necessary.

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Related

McCarty v. Skievaski
629 So. 2d 1114 (District Court of Appeal of Florida, 1994)
Dunn v. the Florida Bar
726 F. Supp. 1261 (M.D. Florida, 1988)
Florida Bar Re Amendment to Florida Rules of Civil Procedure
450 So. 2d 817 (Supreme Court of Florida, 1984)

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Bluebook (online)
450 So. 2d 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-re-amendment-to-florida-rules-of-civil-procedure-fla-1983.