General Information for Self-Represented Litigants (09/13)
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by certified mail
is required at other times so you have proof that the other party actually received the
papers. The instructions with each form will advise you of the type of service
required for that form. If
the other party is represented by an attorney, you should serve the attorney and send a copy to the
other party, except for original or supplemental petitions, which must be personally served on the
respondent.
Other than the original or supplemental petitions, any time you file additional pleadings or motions in
your case, you must provide a copy to the other party and include a certificate of service
. Likewise, the
other party must provide you with copies of everything that he or she files. Service of additional
documents is usually completed by U.S. mail. For more information, see the instructions for Certificate
of Service (General), Florida Supreme Court Approved Family Law Form 12.914.
Forms for service of process are included in the Florida Family Law Forms, along with more detailed
instructions and information regarding service. The instructions to those forms should be read carefully
to ensure that you have the other party properly served. If proper service is not obtained, the court
cannot hear your case.
Note: If you absolutely do not know where the other party to your case lives, or if the other party
resides in another state, you may be able to use constructive service
. However, if constructive service is
used, other than granting a divorce, the court may only grant limited relief, which cannot include either
alimony or child support. For more information on constructive service, see Notice of Action for
Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law
Form 12.913(a)(1), Notice of Action for Family Cases with Minor Child(ren), Florida Supreme Court
Approved Family Law Form 12.913(a)(2), Affidavit of Diligent Search and Inquiry, Florida Family Law
Rules of Procedure Form 12.913(b), and Affidavit of Diligent Search, Florida Family Law Rules of
Procedure Form 12.913(c).. Additionally, if the other party is in the military service of the United States,
additional steps for service may be required. See, for example, Memorandum for Certificate of Military
Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding
constructive service and service on an individual in the military is very complex and you may wish to
consult an attorney regarding these issues.
Default
... After being served with a petition or counterpetition, the other party has 20 days to file a
response. If a response to a petition is not filed, the petitioner may file a Motion for Default, Florida
Supreme Court Approved Family Law Form 12.922(a), with the clerk. This means that you may proceed
with your case and set a final hearing
, and a judge will make a decision, even if the other party will not
cooperate. For more information, see rule 12.080(c), Florida Family Law Rules of Procedure.
Answer
and Counterpetition... After being served, the respondent has 20 days to file an answer
admitting or denying each of the allegations contained in the petition. In addition to an answer, the
respondent may also file a counterpetition. In a counterpetition, the respondent may request the same
or some other relief or action not requested by the petitioner. If the respondent files a counterpetition,
the petitioner should then file an Answer to Counterpetition, Florida Supreme Court Approved Family
Law Form 12.903(d), and either admit or deny the allegations in the respondent’s counterpetition.
Mandatory disclosure
... Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a
dissolution of marriage
to exchange certain information and documents, and file a Family Law Financial
Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required
disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to
dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement
also must be met in other family law cases, except adoptions, simplified dissolutions of marriage,