In Re: Amendments to the Florida Family Law Rules of Procedure

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Supreme Court of Florida ____________ No. SC12-1930 ____________ IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE. [November 15, 2012] PER CURIAM. The Florida Bar s Family Law Rules Committee (Committee) has filed an out-of-cycle report proposing amendments to seven Florida Family Law Rules of Procedure Forms.1 The Board of Governors of The Florida Bar unanimously approved the proposals. Upon consideration, we amend the following Rules of Procedure Forms, as proposed by the Committee: 12.900(a) (Disclosure from Nonlawyer); 12.901(a) (Petition for Simplified Dissolution of Marriage); 12.902(f)(3) (Marital Settlement Agreement for Simplified Dissolution of Marriage); 12.913(b) (Affidavit of Diligent Search and Inquiry); 12.913(c) (Affidavit of Diligent Search); 12.930(d) (Notice of Service of Answers to Standard Family Law Interrogatories); and 1. We have jurisdiction. See art. V, § 2(a), Fla. Const. 12.984 (Response by Parenting Coordinator). The amendments implement recent rule amendments impacting nonlawyers who assist self-represented parties in completing family law forms, as adopted by the Court in In re Amendments to the Rules Regulating the Florida Bar (Biannual Report), 37 Fla. L. Weekly S275 (Fla. April 12, 2012). In that case, the Court adopted new Rule Regulating the Florida Bar 10-2.2 (Form Completion by a Nonlawyer), which provides: It shall not constitute the unlicensed practice of law for a nonlawyer to engage in limited oral communication to assist a self-represented person in the completion of blanks on a Supreme Court Approved Form. R. Regulating Fla. Bar 10-2.2(a). Subdivision (c) of the new rule requires that the nonlawyer provide his or her name, business name, address, and telephone number on every form he or she assists in completing. The seven forms are amended to include this information. The signature block on the forms is also amended to include a line for an e-mail address. See In re Amends. to Fla. Rules of Jud. Admin., Fla. Rules of Civ. Pro., Fla. Rules of Crim. Pro., Fla. Probate Rules, Fla. Rules of Traffic Court, Fla. Small Claims Rules, Fla. Rules of Juv. Pro., Fla. Rules of App. Pro., and Fla. Family Law Rules of Pro. E-mail Service Rule, 37 Fla. L. Weekly S643 (Oct. 18, 2012) (adopting new Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Documents), which authorizes, but does not require, self-represented parties to designate an e-mail address for receiving service). -2- Accordingly, forms 12.900(a), 12.901(a), 12.902(f)(3), 12.913(b), 12.913(c), 12.930(d), and 12.984 are amended as reflected in the appendix to this opinion. The forms are fully engrossed and ready for use. The amendments to the forms shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2 It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceeding Family Law Rules Committee 2. An original and nine paper copies of all comments must be filed with the Court on or before January 14, 2013, with a certificate of service verifying that a copy has been served on the Committee Chair, Matthew Burns Capstraw, 165 W. Jessup Avenue, Longwood, Florida, 32750, (E-mail: mcapstraw@helpisontheway.cc), and on The Florida Bar Staff Liaison to the Committee, Ellen Sloyer, 651 East Jefferson Street, Tallahassee, Florida, 323992300 (E-mail: esloyer@flabar.org), as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until February 4, 2013 to file a response to any comments filed with the Court. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). -3- Matthew Burns Capstraw, Chair, Family Law Rules Committee, Longwood, Florida; John F. Harkness, Jr., Executive Director and Ellen H. Sloyer, Staff Liaison, The Florida Bar, Tallahassee, Florida, For Petitioner -4- APPENDIX INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(a), DISCLOSURE FROM NONLAWYER (11/12) When should this form be used? This form must be used when anyone who is not a lawyer in good standing with The Florida Bar helps you complete any Florida Family Law Form. Attorneys who are licensed to practice in other states but not Florida, or who have been disbarred or suspended from the practice of law in Florida, are nonlawyers for the purposes of the Florida Family Law Forms and instructions. The nonlawyer must complete this form and both of you are to sign it before the nonlawyer assists you in completing any Family Law Form. In addition, on any other form with which a nonlawyer helps you, the nonlawyer shall complete the nonlawyer section located at the bottom of the form unless otherwise specified in the instructions to the form. This is to protect you and be sure that you are informed in advance of the nonlawyer s limitations. What should I do next? A copy of this disclosure, signed by both the nonlawyer and the person, must be given to the person to retain and the nonlawyer must keep a copy in the person s file. The nonlawyer shall also keep copies for at least 6 years of all forms given to the person being assisted. Special Notes This disclosure form does NOT act as or constitute a waiver, disclaimer, or limitation of liability. Instructions for Florida Family Law Rules of Procedure Form 12.900(a), Disclosure from Nonlawyer (11/12) -5- IN THE CIRCUIT COURT OF THE _______________________________ JUDICIAL CIRCUIT, IN AND FOR ___________________________________ COUNTY, FLORIDA Case No.: ________________________ Division: ________________________ _______________________________, Petitioner, and _______________________________, Respondent. DISCLOSURE FROM NONLAWYER {Name} __________________________________________ told me that he/she is a nonlawyer and may not give legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court. Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals. {Name} ______, informed me that he/she is not a paralegal as defined by the rule and cannot call himself/herself a paralegal. {Name} , told me that he/she may only type the factual information provided by me in writing into the blanks on the form. Except for typing, {name} ____, may not tell me what to put in the form and may not complete the form for me. However, if using a form approved by the Supreme Court of Florida, {name} ________________________, may ask me factual questions to fill in the blanks on the form and may also tell me how to file the form. [choose one only] ____ I can read English. ____ I cannot read English, but this disclosure was read to me [fill in both blanks] by {name} _ in {language} ,which I understand. Dated: Signature of Party Signature of NONLAWYER Printed Name: Name of Business: Address: Telephone Number: Florida Family Law Rules of Procedure Form 12.900(a), Disclosure From Nonlawyer (11/12) -6- INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (11/12) When should this form be used? This form should be used when a husband and wife are filing for a simplified dissolution of marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if all of the following are true: ï · ï · ï · ï · ï · ï · ï · ï · You and your spouse agree that the marriage cannot be saved. You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant. You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division. You are not seeking support (alimony) from your spouse, and vice versa. You and your spouse have filed financial affidavits with the court or you have waived the filing of financial affidavits and you are satisfied with the financial disclosure received from the other spouse. You are willing to give up your right to trial and appeal. You and your spouse are both willing to go into the clerk s office to sign the petition (not necessarily together). You and your spouse are both willing to go to the final hearing (at the same time). If you do not meet the criteria above, you must file a regular petition for dissolution of marriage. This petition should be typed or printed in black ink. Each of you must sign the petition in the presence of a deputy clerk (in the clerk s office), although you do not have to go into the clerk s office at the same time. You will need to provide picture identification (valid driver s license or official identification card) for the clerk to witness your signatures. What should I do next? 1. After completing this form, you should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. If you did not waive the filing of a financial affidavit in the petition, each of you must file a Financial Affidavit. Florida Family Law Rules of Procedure Form 12.902(b) or (c). You may Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (11/12) -7- document your agreement by signing a Marital Settlement Agreement, Florida Family Law Rules of Procedure Form 12.902(f)(3) and filing it with the clerk of the circuit court or you may agree that all of your assets (what you own) and liabilities (what you owe) have been disposed of by oral agreement. 2. You must prove to the court that the husband and/or wife has (have) lived in Florida for more than 6 months before filing the petition for dissolution of marriage. Residence can be proved by: ï · ï · ï · a valid Florida driver s license, Florida identification card, or voter registration card issued to one of you at least 6 months prior to filing for dissolution of marriage; or the testimony of another person who knows that either you or your spouse has resided in Florida for more than 6 months and is available to testify in court; or an affidavit. To prove residence by affidavit, use an Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i). This form must be signed by a person who knows that either you or your spouse has lived in Florida for more than 6 months before the date that you filed the petition for dissolution of marriage. This affidavit may be signed in the presence of the clerk of the court or in the presence of a notary public, who must affix his or her seal at the proper place on the affidavit. 3. You must pay the appropriate filing fees to the clerk of the circuit court. If you and your spouse cannot afford to pay the filing fees, you may fill out an Application for Determination of Civil Indigent Status, and file it with your petition for dissolution of marriage. You may obtain this form from the clerk and he or she will determine whether you are eligible to have filing fees waived. 4. Either you or the clerk of court will need to complete a Family Court Cover Sheet, Florida Family Law Rules of Procedure Form 12.928. The clerk s office can provide this form. 5. You must obtain a date and time for a court appearance from the clerk of court. On that date, you and your spouse must appear together before a judge. You should complete a Final Judgment of Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.990(a), and bring it with you to the hearing. At that time, if all of the papers are in order, the judge may grant a final judgment dissolving your marriage under simplified dissolution of marriage procedures by signing the final judgment which you have provided. 6. If you fail to complete this procedure, the court may dismiss the case to clear its records. Where can I look for more information? Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (11/12) -8- Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and Rule 12.105, Florida Family Law Rules of Procedure. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (11/12) -9- IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Husband, and , Wife. PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE We, {full legal name} , Husband, and {full legal name} being sworn, certify that the following information is true: [fill in all blanks] , Wife, 1. We are both asking the Court for a dissolution of our marriage. 2. Husband lives in {name} County, {state} there since {date} . Wife lives in {name} County, {state} , and has lived , and has lived there since {date} 3. We were married to each other on {date} in state of {state} . in the city of {city} _________________ , or country of {country} _________________________________. 4. Our marriage is irretrievably broken. 5. We do not have any minor or dependent children together, the wife does not have any minor or dependent children born during the marriage, and the wife is not pregnant. 6. We have divided our assets (what we own) and our liabilities (what we owe) by agreement. We are satisfied with this agreement. [Check one only] ( ) Our marital settlement agreement, Florida Family Law Rules of Procedure Form 12.902(f)(3), is attached. This agreement was signed freely and voluntarily by each of us and we intend to be bound by it. ( ) Our marital settlement agreement is not in writing. We prefer to keep our financial agreements private. Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (11/12) - 10 - 7. [Check one only] ( ) We have each completed and signed financial affidavits, Florida Family Law Rules of Procedure Forms 12.902(b) or (c), which are attached to this petition. ( ) Each of us is satisfied with the financial disclosure we received from the other spouse and we waive the filing of financial affidavits. 8. [Check one only] ( ) yes ( ) no Wife wants to be known by her former name, which was {full legal name} . 9. We each certify that we have not been threatened or pressured into signing this petition. We each understand that the result of signing this petition may be a final judgment ending our marriage and allowing no further relief. 10. We each understand that we both must come to the hearing to testify about the things we are asking for in this petition. 11. We understand that we each may have legal rights as a result of our marriage and that by signing this petition we may be giving up those rights. 12. We ask the Court to end our marriage and approve our marital settlement agreement. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of HUSBAND Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: E-mail Address(es):__________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (11/12) - 11 - deputy clerk.] Personally known Produced identification Type of identification produced I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of WIFE Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: E-mail Address(es):__________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for: {choose only one} ( ) Husband ( ) Wife This form was completed with the assistance of: {name of individual} ________________________________________________________, {name of business} _________________________________________________________, {address} _________________________________________________________________, {city} _________________________, {state}______, {telephone number}______________. Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (11/12) - 12 - . INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(f)(3), MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (11/12) When should this form be used? This form should be used when a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.901(a), has been filed and the parties have reached an agreement on all of the issues at hand. This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition which was filed in this case. Special notes... This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 13 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: In re: the Marriage of: _________________, Petitioner, and _________________, Respondent. MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE We, {Husband s full legal name}_______________________________,and {Wife s full legal name} __________________________________________,being sworn, certify that the following statements are true: 1. We were married to each other on {date} . 2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement. 3. We have both filed a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure. 4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc. Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 14 - SECTION I. MARITAL ASSETS AND LIABILITIES A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s). 1. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both. Current Fair Market Value $ Cash (on hand) Cash (in banks/credit unions) Stocks/Bonds Notes (money owed to you in writing) Money owed to you (not evidenced by a note) Real estate: (Home) (Other) Business interests Automobiles Boats Other vehicles Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Furniture & furnishings in home Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 15 - Furniture & furnishings elsewhere Collectibles Jewelry Life insurance (cash surrender value) Sporting and entertainment (T.V., stereo, etc.) equipment Other assets Total Assets to Wife $ 2. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: Current Fair ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE Market Value (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers Where applicable, include whether the name on any title/deed/account described below is wife s, husband s or both. $ Cash (on hand) Cash (in banks/credit unions) Stocks/Bonds Notes (money owed to you in writing) Money owed to you (not evidenced by a note) Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 16 - Real estate: (Home) (Other) Business interests Automobiles Boats Other vehicles Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Furniture & furnishings in home Furniture & furnishings elsewhere Collectibles Jewelry Life insurance (cash surrender value) Sporting and entertainment (T.V., stereo, etc.) equipment Other assets Total Assets to Husband $ Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 17 - B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows: 1. Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills: LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) Mortgages on real estate: (Home) (Other) Current Amount Owed Monthly Payment $ $ $ $ Charge/credit card accounts Auto loan Auto loan Bank/credit union loans Money you owe (not evidenced by a note) Judgments Other Total Debts to Be Paid by Wife 2. Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills: Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 18 - LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both. Mortgages on real estate: (Home) (Other) Current Amount Owed Monthly Payment $ $ $ $ Charge/credit card accounts Auto loan Auto loan Bank/credit union loans Money you owe (not evidenced by a note) Judgments Other Total Debts to Be Paid by Husband C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows: Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 19 - SECTION II. SPOUSAL SUPPORT (ALIMONY) Each of us forever gives up any right to spousal support (alimony) that we may have. SECTION III. OTHER _____________________________________________________________________________________ _______________________________________________________________________ I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: ______ ____ __ _____ Signature of Husband Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: E-mail Address(es):______________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] _____ Personally known _____ Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the Husband who is the {choose only one} ( ) Petitioner ( ) Respondent. This form was prepared with the assistance of: {name of individual} ________________________________________________________________, {name of business} __________________________________________________________________, {address} _________________________________________________, {city} ____________________________,{state} ________, {telephone number} ________________ . Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 20 - . I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Wife Printed name:__________________________________ Address:______________________________________ City, State, Zip:_________________________________ Telephone number:_____________________________ Fax number____________________________________________ E-mail Address(es):_____________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] _____ Personally known _____ Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the Wife who is the {choose only one} ( ) Petitioner ( ) Respondent. This form was prepared with the assistance of: {name of individual} _____________________________________________________________, {name of business} _______________________________________________________________, {address} ___________ __________________________________________________, {city} ___________ ____,{state} _, {telephone number} ___________________. Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (11/12) - 21 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.913(b), AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY (11/12) When should this form be used? This form is to be used with Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1) and Notice of Action For Family Cases With Minor Child(ren), Form 12.913(a)(2), to obtain constructive service (also called service by publication). The other party is entitled to actual notice of the proceedings when possible. When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. You must disclose the last known address of the other party. A last known address cannot be unknown. This form includes a checklist of places you can look for information on the location of the other party. While you do not have to look in all of these places, the court must believe that you have made a very serious effort to get information about the other party s location and that you have followed up on any information you received. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original and a Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), or Notice of Action For Family Cases With Minor Child(ren), Form 12.913(a)(2), with the clerk of the circuit court in the county where your petition is filed. You should keep a copy for your records. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure and chapter 49, Florida Statutes. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (11/12) - 22 - IN THE CIRCUIT COURT OF THE IN AND FOR __ ___ JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: __ , Petitioner, and ____ , Respondent. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY I, {full legal name} following information is true: , being sworn, certify that the 1. I have made diligent search and inquiry to discover the name and current residence of Respondent: {Specify details of search} Refer to checklist below and identify all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful) (attach additional sheet if necessary): [Check all that apply] ____ United States Post Office inquiry through Freedom of Information Act for current address or any relocations. ____ Last known employment of Respondent, including name and address of employer. You should also ask for any addresses to which W-2 Forms were mailed, and, if a pension or profit-sharing plan exists, then for any addresses to which any pension or plan payment is and/or has been mailed. ____ Unions from which Respondent may have worked or that governed his or her particular trade or craft. ____ Regulatory agencies, including professional or occupational licensing. ____ Names and addresses of relatives and contacts with those relatives, and inquiry as to Respondent s last known address. You are to follow up any leads of any addresses where Respondent may have moved. Relatives include, but are not limited to: parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, former inlaws, stepparents, stepchildren. ____ Information about the Respondent s possible death and, if dead, the date and location of the death. ____ Telephone listings in the last known locations of Respondent s residence. ____ Internet at http://www.switchboard.com or other Internet databank locator service. Please indicate if a public library assisted you in your search. ____ Law enforcement arrest and/or criminal records in the last known residential area of Respondent. ____ Highway Patrol records in the state of Respondent s last known address. ____ Department of Motor Vehicle records in the state of Respondent s last known address. ____ Department of Corrections records in the state of Respondent s last known address. Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (11/12) - 23 - ____ ____ ____ ____ ____ ____ Title IV-D (child support enforcement) agency records in the state of Respondent s last known address. Hospitals in the last known area of Respondent s residence. Utility companies, which include water, sewer, cable TV, and electric, in the last known area of Respondent s residence. Letters to the Armed Forces of the U.S. and their response as to whether or not there is any information about Respondent. (See Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a).) Tax Assessor s and Tax Collector s Office in the area where Respondent last resided. Other: {explain} ______________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 2. The age of Respondent is [Choose only one] ( ) known {enter age} _____ or ( ) unknown. 3. Respondent s current residence [Choose only one] a. ____Respondent s current residence is unknown to me. b. ____Respondent s current residence is in some state or country other than Florida. ________________________________________________________________________ c. ____The Respondent, having residence in Florida, has been absent from Florida for more than 60 days prior to the date of this affidavit, or conceals him/her self so that process cannot be served personally upon him or her, and I believe there is no person in the state upon whom service of process would bind this absent or concealed Respondent. 4. Respondent s last known address as of {date}____________________________________, was: Address_____________________City_____________________State_________Zip______ Telephone No. __________________Fax No.___________________. Respondent s last known employment, as of {date}___________________________, was Name of Employer_______________________________________________________ Address_________________________City__________________State _____Zip_______ Telephone No.__________________ Fax No._________________________. Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (11/12) - 24 - I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: ___________________ ________________________________________ Signature of Petitioner Printed Name: ___________________________ Address: ________________________________ City, State, Zip: ___________________________ Telephone Number: _______________________ Fax Number: ____________________________ E-mail Address(es):________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on ___________________ by______________________ _______________________________________ NOTARY PUBLIC or DEPUTY CLERK _______________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ____ Personally known ____ Produced identification Type of identification produced __________________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} __________________________________________________________________, {name of business} ___________________________________________________________________, {address} ___________________________________________________________________________, {city} _______________________,{state} ____________, {telephone number} ___________________. Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (11/12) - 25 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.913(c), AFFIDAVIT OF DILIGENT SEARCH (11/12) When should this form be used? This form is to be used with Notice of Action For Family Cases With Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), to obtain constructive service (also called service by publication) on the legal father in any action or proceeding to determine paternity which may result in termination of the legal father s parental rights. The legal father is entitled to actual notice of the proceedings when possible. When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. You must disclose the last known address of the legal father. A last known address cannot be unknown. This form includes a checklist of places you must look for information on the location of the legal father. You have to look in all of these places, and the court must believe that you have made a very serious effort to get information about the person s location and that you have followed up on any information you received. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original and a Notice of Action For Family Cases With Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), with the clerk of the circuit court in the county where your petition for dissolution of marriage is filed. You should keep a copy for your records. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12) - 26 - IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________COUNTY, FLORIDA Case No.: __________________________ Division:___________________________ __________________________________, Petitioner, and __________________________________, Respondent. AFFIDAVIT OF DILIGENT SEARCH I, {full legal name}_________________________________, being sworn, certify that the following information is true: 1. The last known address of the child(ren) s legal father {name}______________________, as of {date}______________________________, was: Address _________________________ City____________ State__________ Zip ______ Telephone No. ____________________ Fax No. _______________________. His last known employment, as of {date} __________________, was: Name of Employer __________________________________________________________ Address __________________________ City ___________ State ________ Zip _________ Telephone No. _____________________ Fax No. _______________________ 2. The legal father is over the age of 18. 3. The legal father s current residence is not known and cannot be determined, although I have made a diligent search and inquiry to locate him through the following: You must search ALL of the following sources of information and state the results. ____ United States Post Office inquiry through the Freedom of Information Act for the legal father s current address or any previous address. Result of search:___________________________________________________ ____ Last known employment of the legal father, including name and address of employer. Result of search:___________________________________________________ Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12) - 27 - ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ Regulatory agencies, including professional or occupational licensing, in the area where the legal father last resided. Result of search:___________________________________________________ Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other sources, contacts with those relatives and inquiry as to the legal father s last known address. You are to follow up any leads of any addresses where the legal father may have moved. Result of search: ____________________________________________________ Information about the legal father s possible death and, if dead, the date and location. Result of search:____________________________________________________ Telephone listings in the area where the legal father last resided. Result of search: _____________________________________________________ Law enforcement agencies in the area where the legal father last resided. Result of search: _____________________________________________________ Highway Patrol records in the state where the legal father last resided. Result of search: _____________________________________________________ Department of Corrections records in the state where the legal father last resided. Result of search: ___________________________________________________ Hospitals in the last known area of the legal father s residence. Result of search: _____________________________________________________ Records of utility companies, which include water, sewer, cable TV, and electric in the last known area of the legal father s residence. Result of search: _____________________________________________________ Records of the Armed Forces of the U.S. and their response as to whether or not there is any information about the legal father. (See Florida Supreme Court Approved Family Law Form 12.912(a), Memorandum for Certificate of Military Service.) Result of search: _____________________________________________________ Records of the tax assessor s and tax collector s office in the area where the legal father last resided. Result of search:_____________________________________________________ Search of one Internet databank locator service. Result of search: _____________________________________________________ Title IV-D (child support enforcement) agency records in the state of the legal father s last known address. Result of search: _____________________________________________________ Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12) - 28 - I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:_____________________________ _________________________________________ Signature of Petitioner Printed Name: _____________________________ Address: _________________________________ City, State, Zip: ____________________________ Telephone Number: ________________________ Fax Number: ______________________________ E-mail Address(es):__________________________ STATE OF FLORIDA COUNTY OF _____________________ Sworn to or affirmed and signed before me on ___________ by ____________________________. ________________________________________ NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] ____ Personally known ____ Produced identification Type of identification produced ____________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: { name of individual} ______________________________________________________________, {name of business} ________________________________________________________________, {address} ________________________________________________________________________, {city} ________________________,{state} __________, {telephone number} __________________. Florida Family Law Rules of Procedure Form 12.913(c), Affidavit of Diligent Search (11/12) - 29 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.930(d), NOTICE OF SERVICE OF ANSWERS TO STANDARD FAMILY LAW INTERROGATORIES (11/12) When should this form be used? You should use this form to tell the court that you have responded to the other party s request to answer certain standard questions (interrogatories) in writing. This form should be typed or printed in black ink. You must indicate whether you are sending the answers to interrogatories for original and enforcement proceedings, Florida Family Law Rules of Procedure Form 12.930(b), or modification proceedings, Florida Family Law Rules of Procedure Form 12.930(c). You must also indicate whether you have additional questions that you were asked to answer. After completing this form you should file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. What should I do next? A copy of this form and the original completed answers to the interrogatories must be mailed or hand delivered to the other party in your case. However, file only this form with the clerk. DO NOT FILE THE ORIGINAL ANSWERS TO THE INTERROGATORIES OR ANY ATTACHMENTS WITH THE CLERK UNLESS THEY ARE ADMITTED INTO EVIDENCE BY THE COURT AND ARE IN COMPLIANCE WITH FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.425. Where can I look for more information? Before proceeding, you should read General Information for Self Represented Litigants found at the beginning of these forms. For further information see Florida Family Law Rules of Procedure Rules 12.280, 12.285, 12.340, and 12.380, and Florida Rules of Civil Procedure Rules 1.280, 1.340, and 1.380. Special notes . . . Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.930(d), Notice of Service of Answers to Standard Family Law Interrogatories (11/12) - 30 - IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT, IN AND FOR ________________________COUNTY, FLORIDA Case No.: _________________ Division: _________________ ________________________, Petitioner and _________________________, Respondent. NOTICE OF SERVICE OF ANSWERS TO STANDARD FAMILY LAW INTERROGATORIES I, {full legal name}________________________________ , have on {date}____________ served on {name}_________________________ fully completed and sworn answers to the standard family law interrogatories served on me, and additional interrogatories if requested. The interrogatories were for [check one only] ( ) original or enforcement proceedings ( ) modification proceedings. I UNDERSTAND THAT I SHOULD NOT FILE THE ANSWERS TO INTERROGATORIES WITH THE CLERK OF THE CIRCUIT COURT EXCEPT AS PROVIDED BY FLORIDA RULE OF CIVIL PROCEDURE 1.340(e). I certify that a copy of this document was [check all used] ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} __________________________. Other party or his/her attorney: Name: _____________________________ Address: ___________________________ City, State, Zip: ______________________ Fax Number: ________________________ E-mail Address(es):___________________ Dated: _______________________ ___________________________________ Signature of Party Printed Name: ____________________________ Address: _________________________________ City, State, Zip: ____________________________ Telephone Number: ________________________ Fax Number: ______________________________ E-mail Address(es):_________________________ Florida Family Law Rules of Procedure Form 12.930(d), Notice of Service of Answers to Standard Family Law Interrogatories (11/12) - 31 - IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: { name of individual}______________________________________________________________ , {name of business} ________________________________________________________________, {address}_______________________________________________________________________ , {city}________________________, {state}________ , {telephone number}____________________. Florida Family Law Rules of Procedure Form 12.930(d), Notice of Service of Answers to Standard Family Law Interrogatories (11/12) - 32 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.984, RESPONSE BY PARENTING COORDINATOR (11/12) When should this form be used? A person appointed as a parenting coordinator must accept or decline the appointment under Florida Family Law Rule of Procedure 12.742(d). If you accept the appointment, you must complete paragraphs 1(a) and 2 and sign it. If you decline the appointment, you must complete only paragraph 1(b) and sign the form. This form should be typed or printed in black ink. Important Consideration Before Responding. A Qualified Parenting Coordinator or other licensed mental health professional under Chapter 490 or 491, Florida Statutes, shall abide by the ethical and other professional standards imposed by his or her licensing authority, certification board, or both, as applicable. A person who is not a Qualified Parenting Coordinator or a licensed mental health professional under Chapter 490 or 491, Florida Statutes, shall not accept an appointment to serve as parenting coordinator in a matter that presents an apparent or undisclosed conflict of interest. A conflict of interest arises when any relationship between the parenting coordinator and either party compromises or appears to compromise the parenting coordinator s ability to serve. The burden of disclosure of any potential conflict of interest rests on the parenting coordinator. Disclosure shall be made as soon as practical after the parenting coordinator becomes aware of the potential conflict of interest. If a parenting coordinator makes an appropriate disclosure of a conflict of interest or a potential conflict of interest, he or she may serve if all parties agree. However, if a conflict of interest substantially impairs a parenting coordinator's ability to serve, the parenting coordinator shall decline the appointment or withdraw regardless of the express agreement of the parties. A parenting coordinator shall not provide any services to either party that would impair the parenting coordinator's ability to be neutral. What should I do next? After completing and signing this form, you must file the original with the clerk of the circuit court in the county in which the action is pending and keep a copy for your records. You must mail or hand-deliver a copy of this form to the attorney(s) for the parents or, if not represented by an attorney, to the parents. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For more information, see section 61.125, Florida Statutes, Florida Family Law Rule of Procedure 12.742, and the Order of Referral to Parenting Coordinator, Florida Family Law Rules of Procedure Form 12.998. Instructions for Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (11/12) - 33 - Special notes Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (11/12) - 34 - IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, And _________________________________, Respondent. RESPONSE BY PARENTING COORDINATOR I, {name}_________________________________________notify the Court and affirm the following: 1. Acceptance. [Choose only one] a. ____ I accept the appointment as parenting coordinator. b. ____ I decline the appointment as parenting coordinator. 2. Qualifications. [Choose only one] a. ____ I meet the qualifications in section 61.125(4), Florida Statutes. b. ____ I do not meet the qualifications in section 61.125(4), Florida Statutes. However, the parties have chosen me by mutual consent and I believe I can perform the services of a parenting coordinator because: ____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. I am not aware of any conflict, circumstance, or reason that renders me unable to serve as the parenting coordinator in this matter and I will immediately inform the court and the parties if such arises. 4. I understand my role, responsibility, and authority under the Order of Referral to Parenting Coordinator, Florida Family Law Rules of Procedure Form 12.998 and section 61.125, Florida Statutes. Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (11/12) - 35 - I hereby affirm the truth of the statements in this acceptance and understand that if I make any false representations in this acceptance, I am subject to sanctions by the Court. _____________________ Date _____________________________________________ Signature Printed Name:_________________________________ Address: _____________________________________ City, State, Zip: ________________________________ Telephone Number: ____________________________ E-mail Address(es):_____________________________ Professional License # (if applicable) _______________ Professional Certification # (if applicable) ____________ Copies to: Attorney for Parent #1 OR Parent #1 if not represented by Counsel Attorney for Parent #2 OR Parent #2 if not represented by Counsel IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: { name of individual} _______________________________________________________________, {name of business} _________________________________________________________________, {address} ________________________________________________________________________, {city} __________________, {state} ______________, {telephone number} _____________________. Florida Family Law Rules of Procedure Form 12.984, Response by Parenting Coordinator (11/12) - 36 -

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