Citations
- 84 So. 3d 257
Full opinion text
PER CURIAM.
The Family Law Rules Committee (Committee) filed its regular-cycle report proposing amendments to the Florida Family Law Rules of Procedure and forms. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee’s proposals were published for comment in February 2011. One comment was filed with the Court, relating only to the proposed amendment to rule 12.070, and the Committee filed a response. Oral argument in this matter was held on June 7, 2011.
Upon consideration of the Committee’s Report, the comment filed and the Committee’s response thereto, and the parties’ presentations at oral argument, we adopt the amendments to forms 12.913(a) (Notice of Action for Dissolution of Marriage), 12.913(b) (Affidavit of Diligent Search and Inquiry), and 12.913(c) (Affidavit of Diligent Search) as proposed by the Committee. We also adopt new form 12.913(a)(2) (Notice of Action for Family Cases With Minor Child). However, due to the substantial concerns raised by the comment and at oral argument in this case, we decline to adopt the proposed amendment to rule 12.070 (Process).
The Committee also proposed new rule 12.745 (Collaborative Process Rule) setting forth a protocol for participation in the “collaborative law process.” In its report, the Committee explains that the collaborative law process is a contractual, voluntary, nonadversarial dispute resolution process used in dissolution of marriage cases. While we commend the Committee for its study of the collaborative law process and its work in proposing this rule, we decline to adopt the proposed rule at this time. Given the possibility of legislative action addressing the use of the collaborative law process in Florida and the fact that certain foundations, such as training or certification of attorneys for participation in the process, have not yet been laid, we conclude that the adoption of a court rule on the subject at this time would be premature.
Accordingly, the Florida Family Law Rules of Procedure Forms and the Florida Supreme Court Approved Family Law Forms are hereby amended as set forth in the appendix to this opinion. The new and amended forms are fully engrossed. These amendments are effective, nunc pro tunc, January 1, 2012, at 12:01 a.m.
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
APPENDIX
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) (03/12)
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 know where your spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service. Constructive notice will allow 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 asking the court to decide how 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 law and you should consult an attorney before using constructive service.
You should complete this form by typing or printing the appropriate information in black ink. You should insert your spouse’s name and last known address and then file this form with the clerk of the circuit court in the county where your petition for dissolution of marriage was filed. You must also complete and file an Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.918(b). You should keep a copy for your records.
After the Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b), is filed, the clerk will sign this form. The form must then be given to a qualified local newspaper in the county where the case is pending to be published once each week for four consecutive weeks. When in doubt, ask the clerk which newspapers in your area are “qualified.” The newspaper will charge you for this service. If you cannot afford to pay the cost of publication of this notice in a qualified newspaper, you may ask the clerk to post the notice at a place designated for such postings. You will need to file an Application for Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk determines that you cannot afford these costs, the clerk will post the notice of action. If your case involves termination of a legal father’s parental rights when another man is alleged to be the biological father, you need to publish the notice only in the county where the legal father was last known to have resided. You are responsible for locating a “qualified” newspaper in the county where the other party last resided and paying the cost of publication.
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 ...
If the other party fails to respond to your petition within 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 Law Form 12.922(a), and Default, Florida Supreme Court Approved Family Law Form 12.922(b).)
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.
Iff THE Cf RCUfT COURT OF THE m ano ros _ iWOKW CIRCUIT, COUNTY, FLORIDA
Cese «0.;
Division:.
Petitioner arstí Respondent.
NOTICE OP ACTION FOR BlSSOLtttiQN OF MARRIAGE (NO CHIU) OR FINANCIAL SUPPORT)
TO: Irtutne o/ ftesñoadentí. . . ..
{Responden?* tost knows address} _ .__
YOU ARS NOTIFIED tftM art tettoir fur trHsc lotion of manr1;;R<; b¡" hsorr filed against you &rsd dial you are required to serve n copy of your wrl ifei defenses, if any, to it ⅜¶ (name of Petitioner} whose addrassk . ...____ on or before Mate} and ⅛ the original with the Hoik of this Court at {clerk’s cud-ess} ¡before service an Petittotitsr yri;.eJtetely thereafter. If you fail to tits ⅞⅜,⅜ default may be entered ogstost you for the mttoi demanded ⅛ the petition-»
The aefun ⅛ asking tító court to d acids how the ⅛⅛⅜,⅝ real or personal property should be divided: {insert Ytow" ⅜ 1/ dppfsmble, the ⅝⅛ description of c$ti propel a specific description of pemaiun property, and the name of the cotmty ⅜ florida where the pi operty & located)
Copies of Mi court documents In tills case, ineJadteg orders, are available at the Clerk of the Circuit Court's office, Yea 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 Notice of Current Address, Florida Supreme Court Approved family taw Form 12315.) Future papers ft» this lawsuit will be matted to the address on record at the cterf* office.
WARNINGS Rule 12.28S, ⅝⅛ Family l aw Rule* of Procedure, recluiros certain automatic disclosure of documents and Information, Failure to comply can result ⅜ sanctions, including dismissal or striking of pleadings.
Fiortate Supreme Conn Approved ¡teftóhr taw Form I2.513ia5fli, Hatit? of Aitteri far Btesfoiten cf Marriage (No Child or ffcaticN Support) i&J/J2)
Dated*. CLERK OF THE CIRCUIT COURT
Bsr.
Deputy Cterk
IF A NONIAWYER HEU>0t> you BUL OUT THIS FORM, HE/SHE MUST Fill IN THE BLANKS BELOW: {fill in alt blank s|
l, [full tegai name and trade name of nanlaivyer}.... ⅜ nentewyer, located at (street) , (city) . {state) , ínfima) helped (name)_ . who fe the petitioner, fill out this Form.
FI« /amimyerj.._..,
⅜ nootawyer, located at {meet)___ __, ⅞¾4.. .
¿smtei . Ishoael helped {name} . .
who is the pathtaRgr, fill our this ffcmt.
FtarMa Family taw Rules of Procedure form i'y.nnfri ⅜⅞⅛⅝⅜ oí DMigsm Search (02/12)
. Because, as noted below, we decline to adopt the proposed amendment to rule 12.070 concerning constructive service, we have modified the instructions to new form 12.913(a)(2).