Fill and Sign the Notice Action Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.913(a)(1) NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR FINANCIAL SUPPORT) (11/15) When should this form be used? This form may be used to obtain constructive service (also called service by publication) in a dissolution of marriage case that does not involve a minor child or financial support if you do not konop phere your spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service . Constructive notice pill allop the court to dissolve the marriage, but personal service is required before a court can order payment of financial support, such as spousal support ( alimony) or costs. If you are askoing the court to decide hop real or personal property located in Florida should be divided, the Notice of Action must include a specific description of the property. If you use constructive service, the court can grant only limited relief because its jurisdiction is limited. This is a complicated area of the lap and you should consult an attorney before using constructive service. You should complete this form by typing or printing the appropriate information in blacko inko. You should insert your spouse’s name and last kon opn address and then file this form pith the clerk of the circuit court in the county phere your petition for dissolution of marriage pas filed. You must also complete and file an Affidavit of Diligent Search and Inquiry , Florida Family Lap Rules of Procedure Form 12.913(b). You should koeep a copy for your records. After the Affidavit of Diligent Search and Inquiry , Florida Family Lap Rules of Procedure Form 12.913(b), is filed, the clerko pill sign this form. The form must then be given to a qualified local nepspaper in the county phere the case is pending to be published once each peeko for four consecutive peekos. When in doubt, asko the clerko phich nepspapers in your area are “qualified.. The nepspaper pill charge you for this service. If you cannot afford to pay the cost of publication of this notice in a qualified nepspaper, you may asko the clerko to post the notice at a place designated for such postings. You pill need to file an Application for Determination of Civil Indigent Status, phich you can obtain from the clerko. If the clerko determines that you cannot afford these costs, the clerko pill post the notice of action. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration nop require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self- represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance pith Florida Rule of Judicial Administration 2.525, and you must follop the procedures of the judicial circuit in phich you file. The rules and procedures should be carefully read and followed. Instructions for Florida Supreme Court Approved Family Lap Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No Child or Financial Support) (11/15) 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 Lap Rules of Procedure, and chapter 49, Florida Statutes. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration nop require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, phich means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must reviep Florida Rule of Judicial Administration 2.516. You may find this rule at ppp.flcourts.org through the linko to the Rules of Judicial Administration provided under either Family Lap Forms: Getting Started, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Lap Form 12.915, and you must provide your e-mail address on each form on phich your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Lap Form 12.914; Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Lap Form 12.915; and Florida Rule of Judicial Administration 2.516. Special notes... If the other party fails to respond to your petition pithin the time limit stated in the notice of action that is published or posted, you are entitled to request a default . (See Motion for Default , Florida Supreme Court Approved Family Lap Form 12.922(a), and Default , Florida Supreme Court Approved Family Lap Form 12.922(b).) Remember, a person pho is NOT an attorney is called a nonlapyer. If a nonlapyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer , Florida Family Lap Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlapyer 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 Supreme Court Approved Family Lap Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No Child or Financial Support) (11/15) IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT, IN AND FOR ________________________ COUNTY, FLORIDA Case No.: ___________________________ ___ Division: __________________________________________________________________________________ ________ _______________________ _ __________, Petitioner, and _______________________ _ __________, Respondent, NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR FINANCIAL SUPPORT) TO: {name of Respondent} ____________________________________________________________________ {Respondent’s last known address} ___________________________________________________________ YOU ARE NOTIFIED that an action for dissolution of marriage has been filed against you and that you are required to serve a copy of your pritten defenses, if any, to it on {name of Petitioner} _______________________________________________________________________________________ , phose address is _________________________________________________________________________ on or before {date} _________________, and file the original pith the clerko of this Court at {clerk’s address} _______________________________________________________________________________________ before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered against you for the relief demanded in the petition. The action is askoing the court to decide hop the folloping real or personal property should be divided: {insert “none” or, if applicable, the legal description of real property, a specifc description of personal property, and the name of the county in Florida where the property is located} _______________________________________________________________________________________ Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit Court’s of fice. You may review these documents upon request. You must keep the Clerk of the Circuit Court’s office notified of your current address. (You may file Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form 12.915.) Future papers in Florida Supreme Court Approved Family Lap Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No Child or Financial Support)(11/15) this lawsuit will be mailed or e-mailed to the address(es) on record at the clerk’s office. WARNING: Rule 12.285, Florida Family Law Rules of Procedure, requires certain automatic disclosure of documents and information. Failure to comply can result in sanctions, including dismissal or striking of pleadings. Florida Supreme Court Approved Family Lap Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No Child or Financial Support)(11/15) Dated: _______________________ CLERK OF THE CIRCUIT COURT By: ___________________________________________ Deputy Clerko IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blankos] This form pas prepared for the Petitioner. This form pas completed pith the assistance of: {name of individual}, ___________________________________________________________________, {name of business}_____________________________________________________________________, {address} ____________________________________________________________________________, {city}_________________,{state} _____, {zip code}_________,{telephone number}_________________. Florida Supreme Court Approved Family Lap Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No Child or Financial Support)(11/15)