Affidavit of Diligent Search

Florida Family Law Rules of Procedure Form 12.913(b)
Affidavit of Diligent Search and Inquiry

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.913(b), AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

When should this form be used?

This form is to be used with Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), to obtain constructive service (also called service by publication) in a dissolution of marriage case.

This form includes a checklist of places you can look for information on the location of your spouse. 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 your spouse’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, Florida Supreme Court Approved Family Law Form 12.913(a), 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 and rule 1.070(e) and (f), Florida Rules of Civil 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 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.

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

,
Petitioner,

and

,
Respondent.

AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

I, , being sworn, certify that the following information is true:

1. I have made diligent search and inquiry to discover the name and current residence of Respondent:

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.

Unions from which Respondent may have worked or that governed 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.

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 people finder or library checked.

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.

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, including 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.

Tax Assessor’s and Tax Collector’s Office in the area where Respondent last resided.

Other:

2. The age of Respondent is: known unknown

3. Respondent’s current residence:

a. Respondent’s current residence is unknown to me.

b. Respondent’s current residence is in some state or country other than Florida, and Respondent’s last known address is:

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.

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.

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on by .

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

I, , a nonlawyer, located at , , , , helped , who is the petitioner, fill out this form.