Fillable FORM 12.912(b), AFFIDAVIT OF MILITARY SERVICE (11/15): INSTRUCTIONS (Florida)

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FORM 12.912(b), AFFIDAVIT OF MILITARY SERVICE (11/15): INSTRUCTIONS (Florida)

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Instructions for Florida Supreme Court Approved Family Law Form 12.912(b), Affidavit of Military Service (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.912(b), AFFIDAVIT OF MILITARY SERVICE (11/15)
When should this form be used?
An Affidavit of Military Service is required in every case where the Respondent has not filed an answer or
appearance. The purpose is to protect the men and women serving in the U.S. military from having a
court judgment entered against them without first receiving notice of the lawsuit and a chance to defend
the case.
You should use this form when ALL of the following statements are true:
The other person in your case has been served, whether by personal service or constructive
service.
The other person in your case has not responded to your petition.
You are requesting that the court enter a default judgment against the other person.
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 must file the original of this form with the clerk of the circuit
court when you file your Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).
You must also attach copies of all verifications of nonmilitary service that you received from each branch
of the United States’ military service. You should keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now 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 with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
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 now 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, which means serving or receiving pleadings
by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of
Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of
Judicial Administration provided under either Family Law 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.912(b), Affidavit of Military Service (11/15)
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 Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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.
Florida Supreme Court Approved Family Law Form 12.912(b), Affidavit of Military Service (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division:
__________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
AFFIDAVIT OF MILITARY SERVICE
I, {full legal name} _____________________________________________________, am the Petitioner in
this case. To support my application for a default judgment and to comply with the Servicemembers Civil
Relief Act (SCRA) (formerly known as Soldiers’ and Sailors’ Civil Relief Act of 1940), I swear or affirm that
the following information is true:
{Please choose only one}
1. _____ I know of my own personal knowledge that the Respondent IS on active duty in the military
service of the United States.
2. _____ I know of my own personal knowledge that Respondent IS NOT now on active duty in the military
service of the United States, nor has the Respondent been on active military service of the United States
within a period of thirty (30) days immediately before this date. “Active Service” includes reserve
members of the Army, Navy, Air Force, Coast Guard, and Marines who have been ordered to report for
active duty and members of the Florida National Guard who have been ordered to report to active duty
for a period of more than thirty (30) days.
3. _____ I have contacted the military services of the United States and the U.S. Public Health Service and
have obtained certificates showing that the Respondent is not on active duty status. These certificates
are attached.
4. _____ I have attempted to determine the military status of the Respondent, but do not have sufficient
information. This is what I have done to determine whether or not Respondent is on active duty in the
United States military:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
I have no reason to believe that s/he is on active duty at this time.
Florida Supreme Court Approved Family Law Form 12.912(b), Affidavit of Military Service (11/15)
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: ________________________________
Designated 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 Petitioner.
This form was completed with the assistance of:
{name of individual}, ___________________________________________________________________,
{name of business}_____________________________________________________________________,
{address} ____________________________________________________________________________,
{city}_________________,{state} _____, {zip code}_________,{telephone number}_________________.
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FORM 12.912(b), AFFIDAVIT OF MILITARY SERVICE (1115): INSTRUCTIONS (Florida)

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Completed 26 July 2021

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