AMENDMENTS TO THE FLORIDA FAMILY LAW RULES

OVERTON, Justice.

In 1990, the legislature established the Commission on Family Courts for the purpose of making recommendations regarding the implementation of the family law divisions. Ch. 90-273, Laws of Fla. After this Court received the commission’s report recommending the implementation of such divisions, this Court established a new process for family law cases by directing that family court divisions be instituted. See In re Report of Com’n on Family Cts., 588 So. 2d 586 (Fla.1991). Subsequently, we adopted new rules of procedure for these family law divisions, which were intended to address the unique problems of family law cases. In re Family Law Rules of Procedure, 663 So. 2d 1047 (Fla.1995) (Family Law I), and In re Family Law Rules of Procedure, 663 So. 2d 1049 (Fla.1995) (Family Law II). In doing so, we included a significant number of forms and instructions.

Because these rules were new, and in some instances appeared to be complicated, we recognized that the rules and forms-would need additional prompt refinement. To ad [*2] dress this problem, in Family Law II we directed the Family Law Rules Committee, the Family Courts Steering Committee, and the Supreme Court Mediation and Arbitration Rules Committee to review the rules and forms following their implementation and to make recommendations for changes to the rules and forms. In issuing that directive, we stressed that the committees should place particular emphasis on making revisions to further simplify the family law process, particularly because of the many litigants in family law cases who represent themselves.

The development of common sense rules and forms in family law eases, understandable by both lawyers and pro se litigants alike, is essential. Reports submitted to the Office of State Courts Administrator by the circuits of this state reflect that, on average, sixty-five percent of all family law cases have at least one unrepresented party. Consequently, the rules governing family law cases should be crafted to establish an easy-to-understand process. Unfortunately, in adopting separate family law rules and forms, it appears that we may have complicated rather than simplified the process. One lawyer commenting on the rules stated that they are now so complicated that he has had to substantially increase his fees for dissolution proceedings. Our goal must be to simplify the process. Otherwise, we deny many citizens meaningful and affordable access to the courts, particularly when so many of them are self-represented. Moreover, every litigant in family law eases, whether represented by an attorney or not, is entitled to have contested matters heard by an article V judicial officer. Where custody, property, or liberty is involved, citizens in this state are entitled to a judicial resolution of a dispute, absent a mediated settlement.

In 1997, the rules and steering committees finalized their second review and submitted to us recommended rule and form modifications. The mediation committee found no need to recommend changes to the rules regarding family law mediation at this time. Additionally, in an effort to fulfill the spirit of this Court’s directives to simplify the process of litigation in family law matters, the steering committee completely revised the forms, incorporating instructions for litigants throughout the forms, rather than keeping those instructions in attached appendices. The committee also added a number of new forms to the rules. The proposed amendments and modifications to the rules and forms are extensive; the rules and forms now constitute more than 500 pages.

The proposed rule changes were published for comment in The Florida Bar News, and many comments were received by this Court. We Have now reviewed the proposed changes and the comments. The majority of the proposed changes fall into the following categories: technical revisions to improve or correct the forms and related instructions, domestic and repeat violence, mandatory disclosure, court appointed experts, evaluations of minor children, hearing officers and paternity determinations, motions for new trial and rehearing, civil contempt, and case management and pretrial conferences for adoptions. We adopt, without comment, the majority of technical changes made to the forms and related instructions. Additionally, after having reviewed the forms and related instructions, this Court has made numerous additional technical changes on its own. We address the numerous other issues raised by the proposed changes to the rules and the forms below.

DOMESTIC AND REPEAT VIOLENCE

Both the steering and rules committees have made suggested changes to Florida Family Law Rule of Procedure 12.610, which governs domestic and repeat violence, and the forms related to that rule. Some of the reeonamended changes were necessitated by recent changes to the statutes governing these issues.

Petition Forms

This Court received comments regarding the inclusion of the “Disclosure of Assistance by a Nonlawyer” on the domestic and repeat violence petition forms as well as on all other forms. Concern was raised as to the safety of the person assisting a victim of domestic violence in filling out the forms. Further, many comments asserted that there was no rule requiring this information and that it [*3] should thus be deleted from all forms. That argument is erroneous.

The disclosure is directed by Rule Regulating the Florida Bar 10-2.1(a). That rule provides in pertinent part as follows:

(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and ease law of the State of Florida. For purposes of this chapter, it shall not constitute the unlicensed practice of law for a nonlawyer to engage in limited' oral communications to assist a person in the completion of blanks on a legal form approved by the Supreme Court of Florida. Oral communications by nonlawyers are restricted to those communications reasonably necessary to elicit factual information to complete the blanks on the form and inform the person how to file the form.

The following language shall appear on any form completed pursuant to this rule and any individuals assisting in the completion of the form shall provide their name, business name, address, and telephone number on the form:

This form was completed with the assistance of:

Name of Individual

Name of Business

Address

Telephone Number

Before a nonlawyer assists a person in the completion of a form in the manner set forth in this rule, the nonlawyer shall provide the person with a copy of a disclosure. A copy of the disclosure, signed by both the nonlawyer and the person, shall be given to the person to retain and the non-lawyer shall keep a copy in the person’s file. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability.

(Emphasis added.) The Florida Family Law Forms were originally drafted by the standing committee on the unlicensed practice of law and were approved by this Court as simplified forms for pro se litigants. The intent in approving the numerous forms available in family law is still to assist pro se litigants, and the disclosure information is still required by that rule. We conclude that the disclosure information should continue to be required on the Florida Family Law Forms generally. We agree, however, that the safety of the victim as well as that of the form preparer is potentially at risk by the disclosure of this information on domestic and repeat violence petition forms. Further, most petition forms in domestic and repeat violence cases are completed at the office of the clerk of court, thus reducing the risk of unlicensed practice of law by form preparers. As such, we conclude that there should be a narrow exception to the disclosure requirement when domestic or repeat violence is at issue. Accordingly, we -find that rule 10-2.1(a) should be modified to eliminate the requirement that the name, address, and telephone number of the preparer be placed on domestic and repeat violence forms, and we have eliminated the nonlawyer disclosure block from forms implementing rule 12.610.

Injunction Forms

We have been asked to require all Florida judges to use standardized forms for issuing injunctions in domestic and repeat violence cases. Currently, most counties use different injunction forms, which often results in enforcement problems across county lines for law enforcement officers. According to the steering committee and the Governor’s Task Force on Domestic Violence, standardized forms would assist law enforcement officers in the enforcement of injunctions because, at a glance, they would be able to easily determine the terms of an injunction no matter which court generated the injunction.

Most comments received by this Court favored this proposal in concept. Significant concern, however, was raised regarding the forms as proposed. Specifically, concerns were raised as to vague language regarding prohibited contact, language permitting contact generally and visitation with children in the temporary domestic violence injunction forms, the full faith and credit language, language regarding firearms, the length of the forms, and prohibitions against leaving the state with a minor child.

We agree with the concept of -standardized forms and have modified rule 12.610 to re [*4] quire all judges to use the standardized injunction forms contained in Appendix B of this opinion. To accommodate the concerns addressed in the preceding paragraph, we have reviewed each of the suggestions in detail and have modified the injunction forms accordingly. For instance, where the forms prohibited a respondent from going “near” a petitioner’s residence or place of employment, we have modified the forms to prohibit a respondent from going within 500 feet of petitioner’s residence or place of employment unless otherwise provided by the trial judge issuing the injunction. Numerous other similar changes were made in response to specific comments received.

Additionally, some 'comments noted the. significant length of some forms due to the inclusion of standardized provisions regarding support and visitation issues that were not applicable to all cases. To 'accommodate those concerns, we have structured the injunction forms so that pages addressing support and visitation issues are .separate and can be included or deleted as necessary. Judges are provided with a provision at the end of each applicable injunction form to indicate whether pages regarding support and visitation issues are included and to thus alert law enforcement officers as to the inclusion or exclusion of those pages.

We have also eliminated the options for allowing contact between the petitioner and respondent and visitation with minor children in the temporary injunction form. The “additional provisions” space on the form will still allow judges to include provisions for contact or visitation; however, comments received expressed concern that a form which included a standard provision allowing for contact and/or visitation would encourage contact during the brief but volatile period of time between the issuance of the temporary and permanent injunctions. Some modifications in this regard have also been made to the permanent injunction form.

The full faith and credit language that was included on the domestic violence injunctions has been modified to eliminate the language that the form “shall be afforded full faith and credit.” The federal statute, 18 U.S.C. § 2265 (1994), does mandate that protection orders be afforded full faith and credit if certain conditions are met. However, comments received pointed out that such a determination must be made on a ease by case basis by the judge issuing the order and a judge in the state in which enforcement is sought. The language has been modified to indicate that the “[i]t is intended ” that the injunction be afforded full faith and credit.

We were also asked by the Governor’s Task Force on Domestic Violence to eliminate the provision in the forms precluding a victim from leaving the state with the parties’ minor child. The concern was that a victim could not leave the state if necessary for safety purposes. Having considered this proposal, we conclude that a victim should be permitted to leave the state with the parties’ minor child only if permitted through court order. While we recognize the concern for the victim’s safety, this concern can be easily remedied by simply asking for permission to leave the state when filing the petition.

We were also requested to, make mandatory the current “optional” prohibition against possession of firearms or ammunition as well as to require that all firearms be surrendered to law enforcement. Currently, it is a violation of federal law to possess certain firearms while under an injunction for protection. 18 U.S.C. § 922(g)(8)(1994). However, there is apparently no similar provision in Florida law, and the federal prohibition covers only firearms used “in commerce.” Under these circumstances, we are without authority to require Florida judges to automatically preclude possession of firearms. That would require a substantive legislative act. While we believe that judges would be well advised to make such a preclusion, we have left the provision optional. We have, however, included additional space on the form for judges to include instructions regarding the surrender of firearms and any related procedure for doing so should they conclude that surrender is appropriate.

Both the committees and this Court also recognize that individual counties and circuits may have local provisions that need to be incorporated into the forms. The rule thus provides a procedure to be used to incorporate local provisions into the forms. [*5] We have also been asked to make changes to rule 12.610 and related injunctions forms regarding the following two issues: (1) whether service of the permanent injunction may be mailed when the temporary injunction has been personally served on a respondent; and (2) whether the permanent injunction is to be issued for an indefinite or fixed period of time.

Currently, rule 12.610 provides that both temporary and permanent injunctions in domestic violence cases must be served by personal service. The only exception to this provision is when a party is present at the hearing on a permanent injunction and that party fails or refuses to acknowledge receipt of a certified copy of the injunction from the clerk. Under those circumstances, the clerk may mail a certified copy of the injunction tó that party’s last known address and service is then complete upon mailing. We have been asked to amend rule 12(610 to allow service of the permanent injunction by mail when the respondent has been personally served with the temporary injunction. According, to the rules committee, personal service of the temporary injunction, which (as proposed) includes directives that the permanent injunction will be served by mail, should be sufficient. The justification for the amendment is the difficulty in finding- a respondent after the respondent is removed from the parties’ joint residence.

The domestic violence statute, section 741.30, Florida Statutes (1997), appears to have conflicting provisions regarding this issue. However, at least one provision in this statute specifically requires personal service of the permanent injunction. See § 741.30(7)(c)l. (“Within 24 hours after the court issues an injunction for protection against domestic violence ... the clerk of the court must forward a certified copy of the injunction for service to the sheriff with jurisdiction over the residence of the petitioner. The injunction must be served in accordance with the subsection.”) (emphasis added). We received many comments from both judges and prosecutors opposing any change that would allow service by. mail due to concerns about enforcement of the injunction and prosecution of injunction violations. ' We agree with those concerns. We conclude that the rule should not be amended to allow service by mail.

Section 741.30 has also been revised to provide that the terms of an injunction are to remain in effect until modified or dissolved. See § 741.30(6)(b). Recommended changes to the rules and forms conform to that requirement. Some- comments opposed this change because of problems that arise when awards of support and custody are made in a domestic violence injunction but no dissolution action is ever filed. In effect, by eliminating time limitations on permanent injunctions, the legislature has directed the courts to make.permanent decisions regarding support and custody in domestic violence proceedings. While we recognize that an injunction should perhaps be issued for an indefinite period of time for purposes of protecting victims from violence, we agree with the concerns raised about this change. Further, we do not believe that the legislature can restrict a trial court’s discretion to place time limitations on injunctions it issues. We have thus made modifications to allow judges to choose whether the injunction is to be indefinite or is to expire on a date certain.

MANDATORY DISCLOSURE

Both the steering and rules committees have requested changes to rule 12.285, which governs mandatory disclosure. First, we have been asked to modify the rule to reduce the scope and amount of items to be disclosed. Currently, any party'whose income exceeds $50,000 per annum must file a number of items covering a period of three years preceding the filing of a petition and must automatically file answers to standard interrogatories. Under the proposed changes, the time period covered for most items to be produced has been reduced to one year or three months and would apply to all parties regardless of income; interrogatories would be supplemental to the financial affidavits and would not be automatic. Additionally, the committees recommend shortening the financial affidavits and requiring that any party making over $30,000 per annum file the [*6] long-form affidavit.1 We agree with all of the recommendations except the last. We conclude that the rule should continue to require any party making over $50,000 per annum to file the long-form affidavit, but note that the affidavit is shorter than the one currently contained in the rules. We reject the request that those with income between $30,000 and $50,000 also be required to file this long-form affidavit.

Second, we have been asked to allow parties to be exempted from the mandatory filing of financial affidavits. Currently, all parties must file financial affidavits with the court. Presumably, to avoid public disclosure, the rules committee seeks- to amend rule 12.285 to allow a court to exempt individuals from this requirement when they certify that they are serving the financial affidavits on each other. Only one comment was filed regarding this issue, cautioning that judges must have the financial affidavits to make financial determinations. We decline to adopt this recommendation at this time because we are concerned about the problems this change could cause. For instance, in any case where a court is'charged with dividing the assets and liabilities of parties, financial affidavits are necessary to assist in such a decision. Moreover, even where no dispute exists as to the division of assets, financial affidavits must be available to the court should subsequent litigation in the case ensue, such as modification requests or subsequent allegations of fraud.. If financial affidavits are not filed with the court, the court might be significantly hindered in rendering future decisions regarding a ease. Further, as we noted in Family Law I, under certain limited conditions, financial affidavits could be sealed if necessary. See Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla.1988). See also Fla. R. Jud. Admin. 2.051.

A third proposal concerning mandatory disclosure is the steering committee’s request to create new rule 12.287. The new rule would allow parties to serve requests for financial affidavits in enforcement or contempt proceedings because, under the current mandatory disclosure rule, an interrogatory process is the only means available to obtain such an affidavit. We approve the rule as proposed by the committee.

EVALUATION OF MINOR CHILDREN

The rules committee seeks adoption of a new rule, 12.363, concerning interviews, testing, and evaluations of minor children to discourage multiple evaluations and evaluations conducted by one party without the knowledge of the other. Such a rule was proposed but rejected by this Court when the family law rules were first adopted after numerous comments were received objecting to particular provisions of the rule. See Family Law I. The committee has altered the proposal to eliminate many of the concerns raised when it was previously proposed. We received only one comment to this proposal, which expressed support for the new rule. We approve the rule as proposed.

COURT-APPOINTED EXPERTS

The rules committee also seeks adoption of new rule 12.365 concerning the appointment of experts by the court. Among other things, the proposed rule provides for the method and order of appointment; restricts communication of the experts with the court except with notice and an opportunity to be present and heard during such communication; and provides that the report shall be served- on the parties prior to trial. It does not apply to the appointment of experts under proposed new rule 12.363. As with rule 12.363, a similar rule was proposed and rejected when the family law rules were proposed in Family Law I. We note that the committee has made a number of changes to the rule as proposed here, but we still are concerned about the increase in costs the adoption of this rule may cause the parties. We decline to approve the proposed rule at this time. [*7] HEARING OFFICERS

Currently, rule 12.491 prohibits hearing officers from hearing contested paternity cases. Under the proposed amendment to that rule, hearing officers are prohibited only from presiding over jury trials in paternity eases but they may evaluate evidence and make findings and recommendations regarding paternity in cases where a jury trial will not be conducted. The steering committee requests this change to comply with federal requirements regarding an expedited paternity determination in certain cases. We decline to adopt this change at this time. The fact that an expedited paternity determination is required in certain cases does not eliminate the right of litigants to have substantive due process decisions be determined by article V judicial officers. Federal regulations cannot change or eliminate that right. Clearly, judges can provide expedited paternity determinations when necessary. Given the nature of paternity proceedings, we decline to approve this proposed change.

MOTIONS FOR NEW TRIAL AND REHEARING

The steering committee seeks to expand rule 12.530, which governs motions for new trial and rehearing and amendments of judgments, to address the need to require parties to bring an omission of factual findings required under chapter 61 to the trial court’s attention. The committee suggests that this change will eliminate unnecessary appeals. The committee does raise the concern as to what would happen when one party invokes the rule, which would delay the time for filing an appeal, but another party wants to appeal other issues.

This proposed rule change is opposed by the rules committee and several comments were received raising concerns about the change and its interaction with the appellate rules.

We decline to adopt this rule at this time given the concerns raised by the committees and comments. The purpose of the proposed rule does seem to have merit; however, the steering and rules committees need to discuss this proposal with the appellate rules committee, and appropriate rule changes to both the family law and appellate rules need to be crafted that dnsure the appellate rights of litigants are not compromised.

CIVIL CONTEMPT

The rules committee. seeks adoption of a new rule to govern the procedures for noticing a hearing on contempt, for establishing purge conditions, and for providing a contemnor’s right of review. The committee asserts that this rule is necessary to avoid the current confusion that exists in handling civil contempt proceedings, particularly when those proceedings are before a hearing officer or general master. We have a number of serious concerns regarding this rale as proposed. Any rale concerning contempt, particularly one dealing with incarceration,, must comply with United States and Florida Supreme Court decisions in this area. International Union, United Mine Workers v. Bagwell, 512 U.S. 821, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994); Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977). Portions of the rule as proposed appear to require a prospective finding of contempt before the contemnor has had an opportunity to be heard. This would violate the due process rights of contemnors and be specifically prohibited by the above decisions. Further, certain language in the rule imposes a rebuttable presumption that the contemnor has-the present ability to comply with a prior order. The language apparently is derived from section 61.14(5)(a), Florida Statutes (1997), which addresses support enforcement. Unlike the statutory provision, however, the rule as written covers “any civil contempt proceeding” — it is not limited to support. We are concerned that this is a substantive change not intended by the statute.

While we are not necessarily opposed to the adoption of a rale regarding contempt proceedings, we find the new rale, as proposed, to be unacceptable. Because we reject the adoption of this rale, we have, of necessity, eliminated proposed forms that would implement portions of this rule. [*8] CASE MANAGEMENT AND PRETRIAL CONFERENCES FOR ADOPTIONS

The rules committee seeks to amend rule 12.200, governing case management conferences, to require ease management conferences in adoption proceedings. Under the proposed amendment, the eourt mil determine notice, intermediary, and cost issues early in the litigation to avoid protracted adoption litigation. We approve the proposed amendments to this rule.

INCOME DEDUCTION FORMS

We have eliminated the income deduction forms currently contained in the judgments and orders portion of the forms. First, those forms are no longer orders given changes in the statute and should be placed elsewhere in the forms. Second, several of the forms must be rewritten because portions are incorrect. Third, we have serious due process concerns regarding the ability of a party to require income to be deducted from another party’s paycheck without the necessity of a court order. While the statute governing this issue allows this to be done, the process for doing so is not definitive and has caused significant confusion. For instance, the forms as drafted provide that the clerk of court is to sign the forms to verify payments to be made. Comments received regarding this issue ask that the clerk’s verification be deleted from these forms due to the burden this verification places on the clerks. Additionally, we understand that proposed legislation is currently being drafted to amend the process and to address these issues. We suggest that the committees evaluate these concerns and any new legislation that passes regarding income deduction and then draft new proposed forms accordingly.

MISCELLANEOUS SUGGESTIONS

The committees and interested individuals and groups who commented on the rules made numerous other suggestions, most of which are technical and most of which we have implemented. Some, however, have not been implemented at this time. For instance, in the response of the rules committee to the forms submitted by the steering committee, the rules committee suggests that the words “custody” and “visitation” be eliminated in the forms and instructions given that other terms such as “shared parental responsibility” and “primary residency” are now to be used in place of the terms “custody” and “visitation.” Likewise, the committee suggests that rule 12.440 be clarified to provide when uncontested final hearings are to be set by court order or notice of hearing and that the forms be amended accordingly. The committee submitted no proposed rules or forms to implement those changes. While we agree that these changes may need to be implemented, given the massive nature of the amendment of the 550-plus pages of the rules and forms in this case, we decline to adopt these recommendations until the rules or steering committee submits proposed rules and forms that specifically incorporate these suggestions.

The rules committee has also asked that we adopt a new form for notice of lis pen-dens. Before adopting this form, we ask the rules committee to prepare an appropriate instruction sheet to advise litigants why and when that form is to be used.

POLICY RECOMMENDATIONS

In addition to recommended changes to the rules and forms, the steering committee, in its annual report, made recommendations regarding the future direction of the Family Court Initiative. In its report, the committee makes certain conclusions and recommendations concerning its responsibilities. First, it concludes that the original notion of the “one family — one judge” concept, that is, that all court matters involving members of the same family be handled by the same judge, is “unrealistic and unworkable.” Instead, the committee recommends that our judicial system have “an integrated and coordinated approach that insures that any judge handling any matter involving a member of a family will be well informed as to any other pending matters involving another member of that same family.”

Second, it recommends that a comprehensive array of services and referrals be implemented to assist self-represented litigants. According to the committee, while we have made significant strides in this area by im [*9] plementing the family law forms and related instructions, we must continue to work towards developing personnel and automation prototypes to enable circuits to provide an integrated approach to family eases and must pursue funding to accomplish this objective.

Third, the committee asks that this Court clarify the committee’s responsibilities for monitoring and ensuring compliance by the circuits with the mandates of this Court and of the Family Court Initiative.

Fourth, the committee asks that it be allowed to make revisions to the forms on an annual basis given the large volume of forms and of the need to change those forms whenever statutes affecting the forms are revised.

Finally, the committee asks for this Court’s support in obtaining increased state funding of court support services to meet these goals.

Before addressing the committee’s concerns, we believe that evaluation, review, and perhaps reorganization of both the rules and steering committees may be warranted. At this time, significant overlap exists as to the duties of the two committees. Both committees have provided extremely valuable services in implementing rules and policies regarding the ever- increasing involvement of courts in family matters. The efforts of both committees are to be highly commended. The steering committee has been very instrumental in providing direction for improving assistance and access to the courts for family law litigants. However, a review of the recommendations submitted for rule and form revisions reflects that a significant amount of duplication has occurred in the efforts of the committees. To continue in dual roles appears to be unproductive and costly. To avoid further duplication, we believe that it may be in the best interests of all concerned for the two committees either to have more specifically defined areas of responsibility or to be combined to create one comprehensive body for proceeding with the design and implementation of plans for future development in the area of family law and changes to the rules and forms.

As previously mentioned, we also have concerns that we may have further complicated rather than simplified the family law process through the creation of family law divisions and the adoption of the rules and forms. The very fact that the package of forms and rules consists of over 550 pages is evidence of that complication.

In reviewing the rules and forms, we believe several changes might simplify the process to enhance access. First, we believe that the judgments should be deleted from the forms and be placed in a “bench book” for distribution to judges. Pro se litigants should not be required to provide judges with blank judgment forms. It may be that the Conference of Circuit Judges should appoint a select committee to develop appropriate forms for judicial orders and decrees in family law matters. Second, perhaps the forms and accompanying instructions should be deleted entirely from the rule-making process and be grouped instead into packets for distribution according to the type of proceeding. The forms could then be evaluated and changed on an “as needed” basis and be approved by this Court as simplified forms through opinion rather than being confined by the rule-making process.

The Court recognizes that the manner in which family law cases are processed is an access issue which necessitates significant attention because it can have' a greater effect on individual litigants than any other area of the law. To that end, we request the committees to make recommendations by September 1,1998, regarding how best to accomplish the objectives outlined in this section of this opinion.

CONCLUSION

We commend the work of both committees in their efforts to further simplify the rules and forms. We recognize that the work regarding simplification will be a continuing process. Further, as noted above, we believe that many of the proposed changes that we have declined to approve in this opinion may have merit. As such, we will allow revisions to the proposed changes and/or additional comments to the matters discussed in this opinion to be submitted to this Court no later than May 1, 1998. This Court may set any of those issues on which comment is received [*10] for oral argument during the Court’s June 1998 oral argument calendar. Accordingly, we adopt the amendments to the Florida Family Law Rules of Procedure as set forth in Appendix A and the revised forms and related instructions as set forth in Appendix B effective midnight, March 1, 1998.

It is so ordered.

KOGAN, C.J., and SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur. NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT GIVEN THAT WE WILL BE ACCEPTING COMMENTS UNTIL MAY 1, 1998, TO BE CONSIDERED IN JUNE 1998.

APPENDIX A

RULE 12.070. PROCESS (aj-Family--Lavw-Actiens- Generally. — Service of process uUpon the commencement of all family law actions, including proceedings to modify a final judgment, except domestic and- repeat violenceservice of process shall be as set forth in Florida Rule of Civil Procedure 1.0707. except thatThe summons, cross-claim summons, and third-party summons in family law matters shall be patterned after Florida Family Law Form 12.910(a) and shall specifically contain the following language:

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.

This rule does not govern service of process in domestic and repeat violence proceedings.

(b) Domestic and Repeat -Violence Injunctions. — Service of process -regarding-domestic and repeat- violence actions shalb-be governed-by Florida Family -Law Rule of Pro cedur e-1-2.61 Or

RULE 12.080. SERVICE OF PLEADINGS AND PAPERS (a) Service.

(1) Family Law Actions Generally. Service of pleadings and papers after commencement of all family, law actions except domestic and repeat violence shall be as set forth in Florida Rule of Civil Procedure 1.080, except that rule 1.080 shall be expanded as set forth in subdivisions (b) and (c) to include additional requirements for service of recommended orders and for service on defaulted parties.

(2) Domestic and Repeat Violence Actions. Service of pleadings and papers regarding domestic and repeat violence actions shall be governed by Florida Family Law Rule of Procedure 12.610.

(b) Service and Preparation of Orders and Judgments.

(3-)-Family Law Actions Generally, A copy of all orders or judgments involving family law matters except domestic and repeat violence shall be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. The court may require that recommended orders, orders, or judgments be prepared by a party. If the court requires that a party prepare the recommended order, order, or judgment, the party shall furnish the court with stamped, addressed envelopes to all parties for service of the recommended order, order, or judgment. The court also may require that any proposed recommended order, order, or judgment that is prepared by a party be" furnished to all parties no less than 24 hours before submission to the court of the recommended order, order, or judgment.

(2) Domestic and Repeat Violence Acr tions. — Service and preparation -of orders and judgments involving domestic and-repeat violence shall be governed by- Florida Family Law Rule of-Procedure-12.64(L (c) Defaulted Parties. No service need be made on parties against whom a default has been entered, except that:

(1) Pleadings asserting new or additional claims against defaulted parties shall be served in the manner provided for service of summons contained in Florida Rule of Civil Procedure 1.070.

(2) Notice of final hearings or trials and court-orders shall be served on defaulted [*11] parties in the manner provided for service of pleadings and papers contained in Florida Rule of Civil Procedure 1.080.

(3) Final judgments shall be served on defaulted parties as set forth in Florida Rule of Civil Procedure 1.080(h)(2).

Commentary

1995 Adoption. This rule provides that the procedure for service shall be as set forth in Florida Rule of Civil Procedure 1.080 with the following exceptions or additions to that rule. First, subdivision (b) corresponds to and replaces subdivision (h)(1) of rule 1.080 and expands the rule to include recommended orders. Second, this rule expands items that must be served on defaulted parties to ensure that defaulted parties are at least minimally advised of the progress of the proceedings. This rule is not intended to require the furnishing of a proposed recommended order, proposed order, or proposed final judgment to a defaulted party.

RULE 12.200. CASE MANAGEMENT AND PRETRIAL CONFERENCES (a) Case Management Conference.

(1) Family Law Proceedings, Generally. A case management conference may be ordered by the court at any time on the court’s initiative. A party may request a case management conference 30 days after service of a petition or complaint. At such a conference the court may:

(1A) schedule or reschedule the service of motions, pleadings, and other papers;

(2B) set or reset the time of trials, subject to rule 12.440;

(3C) coordinate the progress of the action if complex litigation factors are present;

(4D) limit, schedule, order, or expedite discovery;

(5E ) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts;

(OF) schedule or hear’motions related to admission or exclusion of evidence;

(?G) pursue the possibilities of settlement;

(8H) require filing of preliminary stipulations if issues can be narrowed;

(91) refer issues to a master for findings of fact, if consent is obtained as provided in rules 12.490 and 12.492 and if no significant history of domestic or repeat violence that would compromise the process is involved in the case;

(46J) refer the parties to mediation if no significant history of domestic or repeat violence that would compromise the mediation process is involved, in the case and consider allocation of expenses related to the referral; or refer the parties to counseling if no significant history of domestic or repeat violence that would compromise the process is involved in the ease and consider allocation of expenses related to the referral;

(44K) coordinate voluntary binding arbitration consistent with Florida law if no significant history of domestic or repeat violence that would compromise the process is involved in the case;

(42L) appoint court experts and allocate the expenses for the appointments;

(43M) refer the cause for a home study or psychological evaluation and allocate the initial expense for that study;

(44N) appoint an attorney or guardian ad litem for a minor child or children if required and allocate the expense of the appointment; and (450) schedule other conferences or determine other matters that may aid in the disposition of the action.

(2) Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when (A) there is a request for a waiver of consent to an adoption by those persons required to consent by section 63.062, Florida Statutes;

(B) notice of the hearing on the petition to adopt is not afforded a person whose consent is required but who has not consented;

(C) an intermediary, attorney, or agency is seeking fees or costs- in excess of those provided under sections 63.097 or 63.212(4), Florida Statutes; [*12] (D) an affidavit of diligent search and Inquiry is filed in lieu of personal service; or •

(E) the court is otherwise aware that any person having standing objects to the adoption.

(b) Pretrial Conference. After the action is at issue the court itself may or shall on the timely motion of any party require the parties to appear for a conference to consider and determine:

(1) proposed stipulations and the simplification of the'issues;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;

(4) the limitation of the number of expert witnesses; and (5) any matters permitted under subdivision (a) of this rule.

(c) Notice. Reasonable notice shall be given for a case management conference, and 20 days’ notice shall be given for a pretrial conference. On failure of a party to attend a conference, the court may dismiss the action, strike the pleadings, limit proof or witnesses, or take any other appropriate action. Any documents that the court requires for any conference shall be specified in the order. Orders setting pretrial conferences shall be uniform throughout the territorial jurisdiction of the court.

(d) Case Management and Pretrial Order. The court shall make an order reciting the action taken at a conference and any stipulations made. The order shall control the subsequent course of the action unless modified to prevent injustice.

Commentary

1995 Adoption. This rule addresses issues raised by decisions such as Dralus v. Dralus, 627 So. 2d 505 (Fla. 2d DCA 1993); Wrona v. Wrona, 592 So. 2d 694 (Fla. 2d DCA 1991); and Katz v. Katz, 505 So. 2d 25 (Fla. 4th DCA 1987), regarding the cost of marital litigation. This rule provides an orderly method for the just, speedy, and inexpensive determination of issues and promotes amicable resolution of disputes.

This rule replaces and substantially expands Florida Rule of Civil Procedure 1.200 as it pertained to family law matters. Under this rule, a court may convene a ease management conference at any time and a party may request a case management conference 30 days after service of a petition or complaint. The court may consider the following additional items at the conference: motions related to admission or exclusion of evidence, referral of issues to a master if consent is obtained pursuant to the rules, referral of the parties to mediation, referral of the parties to counseling, coordination of voluntary binding arbitration, appointment of court experts, referral of the cause for a home study psychological evaluation, and appointment of an attorney or guardian ad litem for a minor child.

Committee Note

1997 Amendment. In In re Adoption of Baby E.A.W., 658 So. 2d 961 (Fla.1995), and other cases involving protracted adoption litigation, it becomes clear that the earlier the issue of notice is decided by the court, the earlier the balance of the issues can be litigated. Because both parents’ constitutional standing and guarantees of due process require notice and an opportunity to be heard, this rule amendment will help solve the problems of adoption litigation lasting until a child’s third, fourth, or even fifth birthday. Furthermore, this rule will encourage both parents to be more candid with intermediaries and attorneys involved in the adoption process.

In E.A.W., 658 So. 2d at 979, Justice Ko-gan, concurring in part and dissenting in part, stated: “I personally urge the Family Law Rules Committee ... to study possible methods of expediting review of disputes between biological and adoptive parents.” This rule expedites resolution of preliminary matters concerning due process in difficult adoption disputes. This rule also mandates early consideration of the child’s rights to due process at early stages of adoption litigation.

Noncompliance with subdivision (a)(2) of this rule shall not invalidate an otherwise valid adoption. [*13] RULE 12.285. MANDATORY DISCLOSURE (a) Application.

(1) Scope. This rule shall apply to all proceedings 'within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, and injunctions for domestic or repeat violence, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits, any portion of this rule may be modified by order of the court or agreement of the parties.

(2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court, copies of documents required under this rule may be produced in lieu of originals. Originals, when available, shall be produced for inspection upon request. Parties shall not be required to serve duplicates of documents previously served.

(b) Time for Production of Documents.

(1) Temporary Financial Hearings. Any document required under this rule in any temporary financial relief proceeding shall be served on the other party for inspection and copying as follows.

(A) The party seeking relief shall serve the required documents on the other party with the notice of temporary financial hearing, unless the documents have been served under subdivision (b)(2) of this rule.

(B) The responding party shall serve the required documents on the party seeking relief on or before 5:00 p.m., 2 business days before the day of the temporary financial hearing if served by delivery or 7 days before the day of the temporary financial hearing if served by mail, unless the documents have been received previously by the party seeking relief under subdivision (b)(2) of this rule. A responding party shall be given no less than 12 days to serve the documents required under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12 days, the provisions of subdivision (b)(2) control.

(2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or supplemental proceeding shall be served on the other party for inspection and copying within 45 days of service of the initial pleading on the respondent.

(c)Disclosure Requirements for Temporary Financial Relief. In any proceeding for temporary financial relief heard within 45 days of the service of the initial pleading or within any extension of the time for complying with mandatory disclosure granted by the court or agreed to by the parties, the following documents shall be served on the other party:

(1) A financial affidavit in substantial conformity with Family Law Form 12.901(d) if the party’s gross annual income is less than $50,000, or Family Law Form 12.901(e) if the party’s gross annual income is equal to or more than $50,000. This requirement cannot be waived by the parties. The affidavit must also must be filed with the court.

(2) A Child Support Guidelines Worksheet in substantial conformity with Family Law Form 12.901(g), if the case involves child support.

(3) All federal and state income tax re-. turns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past year. A party may file a transcript of the tax return as provided by Internal Revenue Service Form 4506 in lieu of his or her individual federal income tax return for purposes of a temporary hearing.

(4) IRS forms W-2, 1099, and K-l for the past year, if the income tax return for that year has not been prepared.

(5) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit. [*14] (ed) Parties’-Whose Annual Income and Expenses Are Less Than SSO^OO.Disclo-sure Requirements for Initial or Supplement Proceedings. Any party whose-gross annual income-feom all sources is less-than $50,000 and whose total annual-expenses are less-than $50^)00 shall be required to serve the following documents in any proceeding for an initial or supplemental request for temporary or permanent financial relief, including, but not limited to, a request for child support, alimony, equitable distribution of assets or debts, or attorneys’ fees, suit money, or costs:

(1) A financial affidavit in substantial conformity with Family Law Form 12.901(d) if the party’s gross annual income is less than $50,000, or Family Law Form 12.901(e) if the party’s gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties, and which. The financial affidavits also must be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Family Law Form 12.901(e).

(2) A Child Support Guidelines Worksheet in substantial conformity with Family Law Form 12.901(g), if the case involves child support.

(23) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past three 3 years.

(34) IRS forms W-2, 1099, and K-l for the past year, if the income tax return for that year has not been prepared.

(45) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.

(56) A statement by the producing party identifying the amount and source of all income received from any source during the 3 months preceding the service of the financial affidavit required by this rule if not reflected on the pay stubs produced.

(67) All loan applications and financial statements prepared or used within the 3-years!2 months preceding service of that party’s financial affidavit required by this rule, whether for the purpose of obtaining or attempting to obtain credit or for any other purpose." (d) Parties Whose Annual- Income or Expenses Are Equal To or Exceed $50,000. Any party whose gross annual income from. all sources is equal-to-or exceeds $50,000 or whose-total annual expenses are equal-to or exceed $50,000 shal-l-be required-to serve the documents on — the-other party as follows*

(-1) Temporary Financial Relief, — In any-proceeding for temporary financial relief, the following -documents shall be served on the-other party:

(A)-A financial- affidavit- -in substantial conformity — wife—Family—Law—Form 124101(e), which-requirement cannot -be waived by the -parties-,-and which-also must beffi-led wife-fee-court.

(-B) All federal and state income tax returns, gift tax returns, and intangible personal property tax-returns-filed by the party or on-the party’s bohal-f-for the past 3 years.

(C) IRS forms W-2, 1099^-and K-l for the past year, if-the income tax return for that-year has-not been prepared.

(D) Pay stubs — or other evidence of earned income-for the 3 months- prior to service of the financial affidavit.

(E) A statement by the producing party identifying the.amount and source of all income' received -from- -any -source during fee-3-months-preceding fee-service of the financial affidavit required -byMhis rule if not reflected-on the pay sfabs-produced.

(-F-)-AII loan-applications and financial statements prepared or used within the 3 years preceding-service of that party’s financial affidavit — required -by -this rule, whether for-the purpose of obtaining or attempting to-obtain credit or for any other-purpose.

(^-Corporate, — -partnership, and trust tax -returns -for the last tax — year- if the producing party has-an interest in a corporation, partnership, or trust-greater than or equal to 30%. [*15] (2) Initial Proceedings. — In any initial proceeding for permanent-financial relief, including, but not-limted to?-a-request for child support,-alimony, equitable distribution-of-assets or debts, or attorneys’-fees, suit money, or costs, the following-documents shall — be served on the other party;

(A) All documents-listed in subdivision (d)(1), including the financial- affidavit which also must-be -fileehwith the courfi (B) The- — answers—te—interrogatories' found in Family Law Form 12.930(b).

(C) All documents-showing reimbursed expenses and in-kind payments that reduce the — party’s personal living expenses — that were received by or made available to-the party for-the last 3 years-.

(B8) All deeds within the last 3 years, all promissory notes within the last 12 months, and all present leases,-mortgages; promissory notes, and closing — statements pertaining to real estate in which the party owns or owned an interest withln--the4ast-3-years, whether held in the party’s name indi-' vidually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf.

(E9) All periodic statements and passbooks from the last 3 years months for all checking accounts, and from the last 12 months for all other accounts (for example, savings accounts, money market funds, certificates of deposit, etc.), and credit union-accounts (regardless of whether or not the account has been closed), including those held in the party’s name individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf.

(FIO) All brokerage account statements in which either party to this action held within the last 3~yearsl2 months or holds an interest including those held in the party’s name individually, in the party’s name jointly with any person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf.

(G) All title certificates-, — lease—agreements, and registration certificates for all motor vehicles, boatSi-ainplane^-and-any^other vehicle requiring registration that the party regularly uses, owns, or owned in the last 3' year-s-.-

(Sll) The most recent statement for any profit sharing, retirement, deferred compensation, or pension plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the party is a participant or alternate payee and the summary plan description for any retirement, profit sharing, or pension plan in which the party is a participant or an alternate payee. (The summary plan description must be furnished to the party on request by the plan administrator as required by 29 U.S.C. § 1024(b)(4).) (I-)-All — documents pertaining -to — any money owed -to-the party or spouse.

(J12) The declarations page, the last periodic statement, and the certificate for any group insurance for a All life insurance policies insuring the party’s life or the life of the party’s spouse-, and all current health and dental insurance cards covering either of the parties and/or their dependent children.

(K13) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an ownership or interest in a corporation, partnership, or trust greater than or equal to 30%.

(L14) PeriodieAll promissory notes for the last 12 months, all credit card and charge account statements and amortization-schedules, or other records showing the party’s indebtedness as- of the date of the filing of this action and for the last 3 years-months^, and all present lease agreements, whether owed in the party’s name individually, in the party’s name jointly with any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s behalf.

(M15) All written premarital or marital agreements entered into at any time between the parties to this marriage, whether before or during the marriage. Additionally, in any modification proceeding, each party shall serve on the opposing party all written agreements entered into between them at [*16] any time since the order to be modified was entered.

(N16) All documents and tangible evidence supporting the producing party’s claim of special equity or nonmarital status of an asset or debt for the time period from the date of acquisition of the asset or debt to the date of production or from the date of marriage, if based on premarital acquisition.

(017) Any court orders directing a party to pay or receive spousal or child support.

(3) Supplemental Proceedings, In any temporary or permanent supplemental — pro-eeeding-i-egarding-financial relief, documents shall-be produced as set forth in subdivisions (d-X-l)--and (d)(2) ¡ respectively and shall be served asset .forih-in- subdivision (b). Additionally,-in any-modification proceeding,-each party shall serve on the opposing party all written agreements entered-into- between them at - any -time- since the order-to be modified was entered-.

(e) Duty to Supplement Disclosure; Amended Financial Affidavit.

(1) Parties have a continuing duty to supplement documents described in this rule, including financial affidavits, whenever a material change in their financial status occurs.

(2) If an amended financial affidavit or an amendment to a financial affidavit is filed, the amending party also shall serve any subsequently discovered or acquired documents supporting the amendments to the financial affidavit if tho party falls within the-provisions of subdivision (d).

(f) Sanctions. Any document to be produced under this rule that is served on the opposing party fewer than 24 hours before a nonfinal hearing or in violation of the court’s pretrial order shall not be admissible in evidence at that hearing unless the.court finds good cause for the delay. In addition, the court may impose other sanctions authorized by rule 12.380 as may be equitable under the circumstances. The court may also impose sanctions upon the offending lawyer in lieu of imposing sanctions on a party.

(g) Extensions of Time for Complying with Mandatory Disclosure. By agreement of the parties, the time for complying with mandatory disclosure may be extended. Either party also may file, at least 5 days before the due date, a motion to enlarge the time for complying with mandatory disclosure. The court shall grant the request for good cause shown.

(gh) Objections to Mandatory Automatic Disclosure. Objections to the mandatory automatic disclosure required by this rule shall be served in writing at least 5 days prior to the due date for the disclosure or the objections shall be deemed waived. The filing of a timely objection, with a notice of hearing on the objection, automatically stays mandatory disclosure for those matters within the scope of the objection. For good cause shown, the court may extend the time for the filing of an objection or permit the filing of an otherwise untimely objection. The court shall impose sanctions for the filing of meritless or frivolous objections.

(hi) Certificate of Compliance. All parties subject to automatic mandatory disclosure shall file with the court a certificate of compliance, Florida Family Law Form 12,932, identifying with particularity the documents which have been delivered and certifying the date of service of the financial affidavit and documents by that party.

(ij) Place of Production.

(1) Unless otherwise agreed by the parties or ordered by the court, all production required by this rule shall take place in the county where the action is pending and in the office of the attorney for the party receiving production. Unless otherwise agreed by the parties or ordered by the court, if a party does not have an attorney or if the attorney does not have an office in the county where the action is pending, production shall take place in the county where the action is pending at a place designated in writing by the party receiving production, served at least 5 days before the due date for production.

(2) If venue is contested, on motion by a party the court shall designate the place where production will occur pending determination of the venue issue.

(k) Failure of Defaulted Party to Comply. Nothing in this rule shall be deemed to preclude the entry of a final judgment when [*17] a party in default has failed to comply with this rule.

Commentary

1995 Adoption. This rule creates a procedure for automatic financial disclosure in family law cases. By requiring production at an early stage in the proceedings, it is hoped that the expense of litigation will be minimized. See Dralus v. Dralus, 627 So. 2d 505 (Fla. 2d DCA 1993); Wrona v. Wrona, 592 So. 2d 694 (Fla. 2d DCA 1991); and Katz v. Katz, 505 So. 2d 25 (Fla. 4th DCA 1987). A limited number of requirements have been placed upon parties making and spending less than $50,000 annually unless otherwise ordered by the court. In cases where the income or expenses of a party are equal to or exceed $50,000 annually, the requirements are much greater. Except for the provisions as to financial affidavits, other than as set forth in subdivision (k), any portion of this rule may be modified by agreement of the parties or by order of the court. For instance, upon the request of any party or on the court’s own motion, the court may order that the parties to the proceeding comply with some or all of the automatic mandatory disclosure provisions of this rule even though the parties do not meet the income requirements set forth in subdivision (de). Additionally, the court may, on the motion of a party or on its own motion, limit the disclosure requirements in this rule should it find good cause for doing so.

Committee Note

1997 Amendment. Except for the form of financial affidavit used, mandatory disclosure is made the same for all parties subject to the rule, regardless of income. The amount of information required to be disclosed is increased for parties in the under-$50,000 category and decreased for parties in the $50,000-or-over category. The standard family law interrogatories are no longer mandatory, and their answers are designed to be supplemental and not duplicative of information contained in the financial affidavits. RULE 12.287. FINANCIAL AFFIDAVITS IN ENFORCEMENT AND CONTEMPT PROCEEDINGS

Any party in an enforcement or contempt proceeding may serve upon any other party a written request to file and serve a financial affidavit if the other party’s financial circumstances are relevant in the proceeding. The party to whom the request is made shall file and serve the requested financial affidavit within 10 days after the service of the written request. The court may allow a shorter or longer time. The financial affidavit shall be in substantial conformity with Florida Family Law Form 12.901(d) (Short Form), all sections of which shall be completed.

RULE 12.340. INTERROGATORIES TO PARTIES

Interrogatories to parties shall be governed generally by Florida Rule of Civil Procedure 1.340, with the following exceptions.

(a) Service of Interrogatories.

(1) Initial Interrogatories. Initial interrogatories to parties in original and enforcement actions shall be those set forth in Family Law Form 12.930(b). Parties governed- -by the' mandatory disclosure -requirements of rule 12.285(d) (income or expenses of-$5Q;Q00-or-more-)-H9hall-automatically-sub-mit the.answers- to-those-interrogateries-as provided-in that rule. Parties governed by the mandatory disclosure requirements of rule 12.285(c)-(income-and — expenses—under $50,000), may serve the interrogatories set forth in Family Law Form, 12.930(b) as set forth in rule 1.340.

(2) Modification Interrogatories. Interrogatories to parties in cases involving modification of a final .judgment shall be those set forth in Family Law Form 12.930(c). Parties governed by the mandatory disclosure requirements of rule 12.285 may serve the interrogatories set forth in Family Law Form 12.930(c) as set forth in rule 1.340.

(b) Additional Interrogatories. Ten interrogatories, including subparts, may be sent to a party, in addition to the standard interrogatories contained in Family Law Form 12.930(b) or Family Law Form 12.930(c). A party must obtain permission of the court to send more than ten additional interrogatories. [*18] Commentary

1995 Adoption. For parties governed under the disclosure requirements of rule 12.285(d) (income or expenses of $50,000 or more), the answers to the interrogatories contained in Form 12.930(b) must be automatically served on the other party. For-parties governed under the disclosure requirements of rule 12.285(c) (income and expenses under $50,000), the service of the interrogatories contained in Form 12.930(b) is optional as provided in Florida Rule of Civil Procedure 1.340. Additionally, under this rule, 10 additional interrogatories, including subparts, may be submitted beyond those contained in Family Law Form 12.930(b). Leave of court is required to exceed 10 additional interrogatories. The provisions of Florida Rule of Civil Procedure 1.340 are to govern the procedures and scope of the additional interrogatories.

Committee Note

1997 Amendment. The rule was amended to conform to the changes made to rule 12,285, Mandatory Disclosure.

RULE 12.363. EVALUATION OF MINOR CHILD (a) Appointment of Mental Health Professional or Other Expert.

(1) When the issue of visitation, parental responsibility, or residential placement of a child is in controversy, the court, on motion of any party or the court’s own motion, may appoint a licensed mental health professional or other expert for an examination, evaluation, testing, or interview of any minor child or to conduct a social or home study investigation. The parties may agree on the particular expert to be appointed, subject to approval by the court. If the parties have agreed, they shall submit an order including the name, address, telephone number, area of expertise, and professional qualifications of the expert. If the parties have agreed on the need for an expert and cannot agree on the selection, the court shall appoint an expert.

(2) After the examination, evaluation, or investigation, any party may file a motion for an additional expert examination, evaluation, interview, testing, or investigation by a licensed mental health professional or other expert. The court upon hearing may permit the additional examination, evaluation, testing, or interview based on good cause shown that further examinations, testing, interviews, or evaluations would be in the best interests of the minor child.

(3) Any order entered under this rule shall specify the issues to be addressed by the expert.

(4) Any order entered under this rule may require that all interviews of the child be recorded and the tapes be maintained as part of the expert’s file.

(5) The order appointing the expert shall include an initial allocation of responsibility for payment.

(6) A copy of the order of appointment shall be provided immediately to the expert by the court unless otherwise directed by the court. The order shall direct the parties to contact the expert or investigator appointed by the court to establish an appointment schedule to facilitate timely completion of the evaluation.

(b) Providing of Reports.

(1) Unless otherwise ordered, the expert shall prepare and provide a written report to the attorney for each party or the party, if unrepresented, and the guardian ad litem, if appointed, a reasonable time before any evidentiary hearing on the matter at issue. The expert also shall send written notice to the court that the report has been completed and that a copy of the written report has been provided to the attorney for each party or the party, if unrepresented, and the guardian ad litem, if appointed. In any event, the written report shall be prepared and provided no later than 30 days before trial or 75 days from the order of appointment, unless the time is extended by order of the court.

(2) On motion of any party, the court may order the expert to produce the expert’s complete file to another qualified licensed mental health professional, at the initial cost of the requesting party, for review by such qualified licensed mental health expert, who may testify- [*19] (c) Testimony of Other Professionals. Any other expert who has treated, tested, interviewed, examined, or evaluated a child may testily only if the court determines that good cause exists to permit the testimony. The fact that no notice of such treatment, testing, interview, examination, or evaluation of a child was given to both parents shall be considered by the court as a basis for preventing such testimony.

(d) Communications with Court by Expert. No expert may communicate with the court without prior notice to the parties and their attorneys, who shall be afforded the opportunity to be present and heard during any such communication between the expert and the court. A request for communication with the court may be informally conveyed by letter or telephone. Further communication with the court, which may be conducted informally, shall be done only with notice to the parties.

(e) Use of Evidence. An expert appointed by the court shall be subject to the same examination as a privately retained expert and the court shall not entertain any presumption in favor of the appointed expert’s findings. Any finding or report by an expert appointed by the court may be entered into evidence on the court’s own motion or the motion of any party in a manner consistent with the rules of evidence, subject to cross-examination by the parties. The report shall not be considered by the court before it is properly admitted into evidence.

Committee Note

1997 Adoption. This rule should be interpreted to discourage subjecting children to multiple interviews, testing, and evaluations, without good cause shown. The court should consider the best interests of the child in permitting evaluations, testing, or interviews of the child. The parties should cooperate in choosing a mental health professional or individual to perform this function to lessen the need for multiple evaluations.

This rule is not intended to prevent additional mental health professionals who have not treated, interviewed, or evaluated the child from testifying concerning review of the data produced pursuant to this rule-

This rule is not intended to prevent a mental health professional who has engaged in long-term treatment of the child from testifying about the minor child.

RULE 12.491. CHILD SUPPORT ENFORCEMENT (a) Limited Application. This rule shall be effective only when specifically invoked by administrative order of the chief justice for use in a particular county or circuit.

(b) Scope. This rule shall apply to proceedings for the establishment, enforcement, or modification of child support wherein the party seeking support is receiving services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) and to non-Title IV-D proceedings upon administrative order of the chief justice.

(c) Support Enforcement Hearing Officers. The chief judge of each judicial circuit shall appoint such number of support enforcement hearing officers for the circuit or any county within the circuit as are necessary to expeditiously perform the duties prescribed by this rule. A hearing officer shall be a member of The Florida Bar unless waived by the chief justice and shall serve at the pleasure of the chief judge and a majority of the circuit judges in the circuit.

(d) Referral. Upon the filing of a cause of action or other proceeding for the establishment, enforcement, or modification of support to which this rule applies, the court or clerk of the circuit court shall refer such proceedings to a support enforcement hearing officer, pursuant to procedures to be established by administrative order of the chief judge.

(e) General Powers and Duties. The support enforcement hearing officer shall be empowered to issue process, administer oaths, require the production of documents, and conduct hearings for the purpose of taking evidence. A support enforcement hearing officer does not have the authority to hear contested paternity eases. Upon the receipt of a support proceeding, the support enforcement hearing officer shall:

(1) assign a time and place for an appropriate hearing and give notice to each of the parties as may be required by law; [*20] (2) take testimony and establish a record, which record may be by electronic means as provided by Florida Rule of Judicial Administration 2.070(d);

(3) accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid; and (4) evaluate the evidence and .promptly make a recommended order to the court. Such order shall set forth findings of fact.

(f) Entry of Order and Relief from Order. Upon receipt of a recommended order, the court shall review the recommended order and shall enter an order promptly unless good cause appears to amend the order, conduct further proceedings, or refer the matter back to the hearing officer to conduct further proceedings. Any party affected, by the order may move to vacate the order by filing a motion to vacate within 10 days from the date of entry. Any party-may-file- a cross-motion to vacate within , 10 days from the date-of-rendition; an additional 5 days-shall be allowed-if-the order was-served by mail. Any party may file a cross-motion to vacate within 5 days of service of a motion to vacate, provided, however, that the filing of a cross-motion to vacate shall not delay the hearing on the motion to vacate unless good cause is shown. A motion to vacate the order shall be heard within 10 days after the movant applies for hearing on the motion.

(g) Modification of Order. Any party affected by the order may move to modify the order at any time.

(h) Record. For the purpose of hearing on a motion to vacate, a record, substantially in conformity with this rule, shall be provided to the court by the party seeking review.

(1) The record shall consist of the court file, including the transcript of the proceedings before the hearing officer, if filed, and all depositions and evidence presented to the hearing officer. (2) The transcript of all relevant proceedings shall be delivered to the judge and provided to opposing counsel not less than 48 hours before the hearing on the motion to vacate. If less than a full transcript of the proceedings taken before the hearing officer is ordered prepared by the moving party, that party shall promptly file a notice setting forth the portions of the transcript that have been ordered. The responding party shall be permitted to designate any additional portions of the transcript necessary to the adjudication of the issues raised in the motion to vacate or cross-motion to vacate.

(3)The cost of the original and all copies of the transcript of the proceedings shall be borne initially by the party seeking review, subject to appropriate assessment of suit monies. Should any portion of the transcript be required as a result of a designation filed by the responding party, the party making the designation shall bear the initial cost of the additional transcript.

Commentary

1995 Adoption. Previously, this rule was contained in Florida Rule of Civil Procedure 1.491. The new rule is substantially the same as previous rule 1.491, with the following additions.

It is intended that any administrative order issued by the chief justice of the Florida Supreme Court under rule 1.491(a) shall remain in full force and effect as though such order was rendered under this rule until changed by order of that same court.

Subdivision (e) now makes clear that contested paternity cases are not to be heard by support enforcement hearing officers.

Subdivision (h) has been added to provide requirements for a record.

The following notes and commentary have been carried forward from rule 1.491.

1988 Adoption. Title: The terminology “hearing officer” is used rather than “master” to avoid confusion or conflict with rule 1.490.

Subdivision (a): The rule is intended as a fall back mechanism to be used by the chief justice as the need may arise.

Subdivision (b): The expedited process provisions of the applicable federal regulations apply only to matters which fall within the purview of Title. IV-D. The committee recognizes, however, that the use of hearing officers could provide a useful case flow man [*21] agement tool in non-Title IV-D support proceedings.

It is contemplated that a circuit could make application to the chief justice for expansion of the scope of the rule upon a showing of necessity and good cause. It is the position of the representative of the Family Law Section of The Florida Bar that reference of non-Title IV-D proceedings should require the consent of the parties as is required by rule 1.490(c).

. Subdivision (c): It is the position of the committee that hearing officers should.be members of the Bar in that jurisdictional and other legal issues are likely to arise in proceedings of this nature. The waiver provision is directed to small counties in which it may be difficult or impossible to find a lawyer willing to serve and to such other special circumstances as may be determined by the chief justice.

Subdivision (d): This paragraph recognizes that the mechanics of reference and operation of a program are best determined at the local level.

Subdivision (e): This paragraph is intended to empower the hearing officer to fully carry out his or .her responsibilities without becoming overly complicated. The authority to enter defaults which is referred to in the federal regulations is omitted, the committee feeling that the subject matter is fully and adequately covered by rule 1.500.

The authority to accept voluntary acknowledgments of paternity is included at the request of the Department of Health and Rehabilitative Services. Findings of fact are included in the recommended order to provide the judge to whom the order is referred basic information relating to the subject matter. Subdivision (f): Expedited process is intended to eliminate or minimize delays which are perceived to exist in the normal processing of cases. This paragraph is intended to require the prompt entry of an order and to guarantee due process to the obligee.

General Note: This proposed rule, in substantially the same form, was circulated to each of the chief judges for comment. Five responses were received. Two responding endorsed the procedure, and 3 responding felt that any rule of this kind would be inappropriate. The committee did not address the question of funding, which included not only salaries of hearing officers and support personnel, but also capital outlay for furniture, fixtures, equipment and space, and normal operating costs. The committee recognizes that the operational costs of such programs may be substantial and recommends that this matter be addressed by an appropriate body.

RULE 12.610. INJUNCTIONS FOR DOMESTIC AND REPEAT VIOLENCE (a) Application. This rule shall apply only to -temporary and permanent injunctions for protection against domestic violence and temporary and permanent injunctions for protection against repeat violence. All other in-junctive relief sought in cases to which the Family Law Rules apply shall be governed by Florida Rule of Civil Procedure 1.610.

(b) Petitions.

(1) Requirements for Use.

(A) Domestic Violence. Any person may file a petition for an injunction for protection against domestic violence if they certify under oath that (i) the party filing the injunction and the party against whom the injunction is sought are spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, or persons who have a child in common regardless of whether they have been married or have resided together at any time;

(ii) the party filing the petition was the victim of, or has reasonable cause to believe he or she may becomeis in imminent danger of becoming the victim of an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense' resulting in physical injury or death perpetrated by the party against whom the injunction is sought; and [*22] (iii) the specific facts and circumstances upon the basis of which relief is sought are true.

(B) Repeat Violence. Any person may file a petition for an injunction for protection against repeat violence if they certify under oath that (i) two incidents of violence, defined as any assault, battery, sexual battery or stalking, one of which must have occurred within 6 months of the filing of the petition, have been committed by the person against whom the injunction is sought against the petitioner or the petitioner’s immediate family member; and (ii) the specific facts and circumstances upon the basis of which relief is sought are true.

(2) Service of Petitions.

(A) Domestic Violence. Personal service by a law enforcement agency is required. The clerk of the court shall furnish a copy of the petition for an injunction for protection against domestic violence, financial affidavit (if support is sought), Uniform Child Custody Jurisdiction Act affidavit (if custody is sought), temporary injunction (if one has been entered), and notice of hearing to the appropriate sheriff or law enforcement agency of the county where the respondent resides or can be found for expeditious service of process.

(B) Repeat Violence. Personal service by a law enforcement agency is required. The clerk of the court shall furnish a copy of the petition for an injunction for protection against repeat violence, temporary injunction (if one has been entered), and notice of hearing to the appropriate sheriff or law enforcement agency of the county where the respondent resides or can be found for expeditious service of process.

(C) Additional Documents. Service of pleadings in cases of domestic or repeat violence other than the petition and orders granting injunctions shall be governed by rules 12.070 and 12.080.

(3) Consideration by Court. Upon the filing of a petition, the court shall set a hearing to be held at the earliest possible time. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial. When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. Nothing herein affects a petitioner’s right to promptly amend any petition, or otherwise be heard in person on any petition consistent with these rules.

(4)Forms.

(A) Provision of Forms. The clerk of the court or family or domestic/repeat violence intake personnel shall provide simplified forms, including instructions for completion, for any person whose circumstances meet the requirements of this rule and shall assist the petitioner in obtaining an injunction for protection against domestic or repeat violence as provided by law.

(B) Confidential Filing of Address. A petitioner’s address may be furnished to the court in a confidential filing separate from a petition or other form if, for safety reasons, a petitioner believes that the address should be concealed. The ultimate determination of a need for confidentiality must be made by the court as provided in Florida Rule of Judicial Administration 2.051.

(c) Orders of Injunction.

(1) Consideration by Court.

(A) Temporary Injunction. For the injunction for protection to be issued ex parte, it must appear to the court that an immediate and present danger of domestic or repeat violence exists. In an ex parte hearing for the purpose of obtaining an ex parte temporary injunction, the court may limit the evidence to the verified pleadings or affidavits or may receive additional testimony under oath if necessary for a determination of whether an immediate and present danger of domestic or repeat violence exists. If the respondent appears at the hearing or has received reasonable notice of the hearing, the court may hold a hearing on the petition.

(B) Permanent Injunction. A full evidentiary hearing shall be conducted.

(2) Issuing of Injunction. [*23] (A) Standarized Forms. The temporary and permanent injunction forms in these rules for repeat and domestic violence injunctions shall be the forms used in the issuance of injunctions under chapters 741 and 784, Florida Statutes. Additional provisions, not inconsistent with the stan-darized portions of those forms, may be added to the special provisions section of the temporary and permanent injunction forms on the written approval of the chief .judge of the circuit. Copies of such additional provisions shall be sent to the Chief Justice, the chair of the Family Law Rules Committee of The Florida Bar, the chair of the Family Courts Steering Committee, and the chair of The Governor’s Task Force on Domestic and Sexual Violence.

(B) Bond. No bond shall be required by the court for the entry of an injunction for protection against domestic or repeat violence. The clerk of the court shall provide the parties with sufficient certified copies of the order of injunction for service.

(3) Service of Injunctions.

(A) Temporary Injunction. A temporary injunction for protection against domestic or repeat violence must be personally served. When the respondent has been served previously with the temporary injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent pleadings seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer. If the temporary injunction was issued after a hearing because the respondent was present at the hearing or had reasonable notice of the hearing, the injunction may be served in the manner provided for a permanent injunction.

(B) Permanent Injunction.

(i) Party Present at Hearing. The parties may acknowledge receipt of the permanent injunction for protection against domestic or repeat violence in writing on the face of the original order. If a party is present at the hearing and that party fails or refuses to acknowledge the receipt of a certified copy of the injunction, the clerk shall cause the order to be' served by mailing certified copies of the injunction to the parties who were present at hearing at the last known address of each party. Service by mail is complete' upon mailing. When an order is served pursuant to this subdivision, the clerk shall prepare a written certification to be placed in the court file specifying the time, date, and method of service and within 24 hours shall forward a copy of the injunction and the clerk’s affidavit of service to the sheriff with jurisdiction over the residence of the petitioner. This procedure applies to service of orders to modify or vacate injunctions for protection against domestic or repeat violence.

(ii) Party not Present at Hearing. Within 24 hours after the court issues, continues, modifies, or vacates an injunction for protection against domestic or repeat violence, the- clerk shall forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner for service.

(4) Duration.

(A) Temporary Injunction. Any temporary injunction shall be effective for a fixed period not to exceed 15 days. A full hearing shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the temporary injunction and of the full hearing for good cause shown by any party, or upon its own motion for good cause, including failure to obtain service.

(B) Permanent Injunction. Any relief granted by an injunction for protection against domestic or repeat violence shall be granted for a fixed period not to exceed 4-yearor until further order of court. Such relief may be granted in addition to other civil and criminal remedies. Upon petition of the victim, the court may extend the injunction for successive fixed-periods net to exceed 1 year or until further order of court. Broad discretion resides with the court to grant an extension after considering the circumstances. No specific allegations are required. [*24] (5) Enforcement. The court may enforce violations of an injunction for protection against domestic or repeat violence in civil contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are governed by Florida Rule of Criminal Procedure 3.840, or, if the violation meets the statutory criteria, it may be prosecuted as a crime under Florida Statutes.

(6) Motion to Modify or Vacate Injunction. The petitioner or respondent may make a motion to the court to modify or vacate an injunction at any time. Motions to modify or vacate an injunction shall be governed by the Florida Rules of Civil Procedure.

(7) Forms. The clerk of the court or family or domestic/repeat violence intake personnel shall provide simplified forms including instructions for completion, for the persons whose circumstances meet the requirements of this rule and shall assist in the preparation of the affidavit in support of the violation of an order of injunction for protection against domestic or repeat violence.

Commentary

1995 Adoption. A cause of action for an injunction for protection against domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of Florida), and section 784.046, Florida Statutes (Supp.1994), respectively. This rule implements those provisions and is intended to be consistent with the procedures set out in those provisions except as indicated in this commentary. To the extent a domestic or repeat violence matter becomes criminal or is to be enforced by direct or indirect criminal contempt, the appropriate Florida Rules of Criminal Procedure will apply.

The facts and circumstances to be alleged under subdivision 12.610(b)(1)(A) include those set forth in Florida Family Law Form 12.980(b). An injunction for protection against domestic or repeat violence may be sought whether or not any other cause of action is currently pending between the parties. However, the pendency of any such cause of action must be alleged in the petition. The relief the court may grant in a temporary or permanent injunction against domestic violence is set forth in section 741.30(6).

The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law Form 12.980(d). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes.

Subdivision (b)(4) expands sections 741;30(2)(c)l and (2)(e)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court. Family Law Form 12.980(b) provides the form for a petition for injunction against domestic violence. If the custody of a child is at issue, a Uniform Child Custody Jurisdiction Act affidavit must be provided and completed in conformity with Family Law Form 12.901(f). If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Family Law Form 12.901(d) or 12.901(e).

Subdivision (e)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(a), Florida Statutes, to make the limitation of evidence presented at an ex parte hearing permissive rather than mandatory given the due process concerns raised by the statutory restrictions on the taking of evidence.

Unlike traditional injunctions, under subdivision (c)(2), no bond will be required for the issuance of injunctions for protection against domestic or repeat violence. This provision is consistent with the statutes except that, unlike the statutes, it does not set a precise number of copies to be provided for service.

Subdivision (c)(3)(A) makes the procedure for service of a temporary order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections 741.30(7)(b)3 and (7)(c)l and 784.046(8)(a)l, Florida Statutes.

Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunc [*25] tion for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections 741.30(7)(a)3 and (7)(e)l and 784.046(8)(e)l, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only effective upon a party who is present at the hearing which resulted in the issuance of the injunction.

Subdivision (c)(4)(A) restates sections 741.30(5)(c) and 784.046(6)(c), Florida Statutes, with some expansion. This subdivision allows the court upon its own motion to extend the protection of the temporary injunction for protection against domestic or repeat violence for good cause shown, which shall include, but not be limited to, failure to obtain service. This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes.

Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(l)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against domestic violence which addresses matters governed by chapter 61, Florida Statutes.

Subdivision (e)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in eases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations of injunctions for protection of both domestic and repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the court-of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement.

Subdivision (e)(7) expands sections 741.30(2)(c)l and (2)(e)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court. This subdivision makes the procedures in cases of domestic and cases of repeat violence identical to resolve inconsistencies in the statutes.

Committee Note

1997 Amendment. This change mandates use of the injunction forms provided with these rules to give law enforcement a standardized form to assist in enforcement of injunctions. In order to address local concerns, circuits may add special provisions not inconsistent with the mandatory portions.

APPENDIX B

SECTION II

FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS, ANO-AP-P-ENDIGES

INTRODUCTION GENERAL INFORMATION FOR PRO SE LITIGANTS

On the page before each form you will find explanations-ofihow^hat-formr-is-aased-ia-the court case, help in filling out the form, and a list of other forms you may need to fill out. The instructions for each form also say if there are any laws or court rules that could help-you- understand the form and its use in your- case- —The-instructions are not the only place that you can-get-information-about-how-a court case works or how that form is used and you may want to look at other law books for more help. The Florida Statutes, Florida Family.Law-Rules — of—Procedure, Florida Rules.of Civil — Procedure, and other legal information books may--be.found — in—a—law library-at -your-ceu-nty-courthouse or a law school-in-your-area.-

There are five (5) appendices at the end of the forms. You should read the-appendices that deal with the type of court case that -you-are-a-pariy-to-. — There are also instructions with each--form--to--help -you-fill out that form. Read- each form--carefally-it-may4e3Fyou4hat there are other-forms that-need-to-be-filled-out and filed with the court; — If you find out ther-e-is-something you need to -do in-your-case and you do not find- the-right-form-here, check the forms at the end of the Florida- [*26] Rules-of-Givil-Procedure and you may-find the form you need there;

Appendix-l-Simplified Dissolution of-Mar-

Appendix- 2-Regular Dissolution of-Mar-1*1

Appeadix-3-Child Support

Appendix 4-Injunction-for Protection

Appendix 5-Stepparont Adoption

You should read this General Information thoroughly before taking any other steps to file your case or represent yourself in court. Most of this information is not repeated in the attached forms. This information should provide you with an overview of the court system, its participants, and its processes. It should be useful whether you want to represent yourself in a pending matter or have a better understanding of the way family court works. This is not intended as a substitute for legal advice from an attorney. Each case has its own particular set of circumstances, and an attorney may advise you of what is best for you in your individual situation.

These instructions are not the only place that you can get information about how a family case works. You may want to look at other books for more help. The Florida Statutes, Florida Family Law Rules of Procedure, Florida Rules of Civil Procedure, and other legal information or books may be found at the public library or in a law library at your county courthouse or a law school in your area. If you are filing a petition for Name Change and/or Adoption, these instructions may not apply.

If the word(s) is printed in bold, this means that the word is being emphasized. Throughout these instructions, you will also find words printed in bold and underlined. This means that the definitions of these words may be found in the.glossary of common family law terms at the end of this general information section.

Commentary

1995 Adoption. To help the many people in family law court cases who do not have attorneys to represent them (pro se litigants), the Florida Supreme Court added these simplified forms and directions to the Florida Family Law Rules of Procedure. The directions refer to the Florida Family Law Rules of Procedure or the Florida Rules of Civil Procedure. Many of the forms were adapted from the forms accompanying the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history.

The forms were adopted by the Court pursuant to Family-Law-Rules of Procedure, No. 84,337 (Fla. June 15, 1995)Family Law Rules of Procedure, 667 So. 2d 202 (Fla.1995); In re Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar — Stepparent Adoption Forms, 613 So. 2d 900 (Fla.1992); Rules Regulating the Florida Bar-Approval of Forms, 581 So. 2d 902 (Fla.1991).

Although the forms are part of these rules, they are not all inclusive and additional forms, as necessary, should be taken from the Florida Rules of Civil Procedure as provided in Florida Family Law Rules of Procedure. Also, the following notice has been included to strongly encourage individuals to seek the advice, when needed, of an attorney who is a member in good standing of the Florida Bar. 1997 Amendment. In 1997, the Florida Family Law Forms were completely revised to simplify and correct the forms. Additionally, the appendices were eliminated, the instructions contained in the appendices were incorporated into the forms, and the introduction following the Notice to Parties was created. Minor 'changes were also made to the Notice to Parties set forth below.

NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY WHO IS A MEMBER IN GOOD STANDING OF THE FLORIDA BAR

If you have questions or concerns about these forms, instructions, commentary, instructions, and appendices, the use of the forms, or your legal rights, it is strongly recommended that you talk to an attorney. If you do not know an attorney, you should call the lawyer referral service listed in the yellow pages of the telephone [*27] book under “Attorney.” If you do not have the money to hire an attorney, you should call the legal aid office in your area.

Because the law does change, the forms and information about them may have become outdated. You should be aware that changes may have happenedtaken place in the law or court rules that would affect the accuracy of the forms, commentary, or In no event will the Florida Supreme Court, The Florida Bar, or anyone contributing to the production of these forms, ces be liable for any direct, indirect, or consequential damages resulting from their use.

[Note: From this point to the end of the forms all text has been completely changed and has been replaced with the following language and forms. Additionally, appendices have been deleted and the instructions contained therein have been incorporated into the instructions accompanying each form. Underlining of additions and strike-throughs of deletions have not been used to avoid confusion.]

FAMILY LAW PROCEDURES

Communication with the court... Ex parte communication is communication with the judge with only one party present. Judges are not allowed to engage in ex parte communication except in very limited circumstances, so, absent specific authorization to the contrary, you should not try to speak with or write to the judge in your case unless the other party is present or has been properly notified. If you have something you need to tell the judge, you must ask for a hearing and give notice to the other party or file a written statement in the court file and send a copy of the written statement to the other party.

Filing a case... A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the ease. A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A ease number is assigned and an official court file is opened. Delivering the petition to the clerk’s office is called filing a case. A filing fee is usually required.

Once a case has been filed, a copy must be given to (served on) the respondent. The person against whom the original legal action is being requested is called the respondent, because he or she is expected to respond to the petition. The respondent remains the respondent throughout the case.

Service... When one party files a. petition, motion, or other pleading, the other party must be “served” with a copy of the document. This means that the other party is given proper notice of the pending action(s) and any scheduled hearings. Personal service of the • petition and summons on the respondent by a deputy sheriff or private process server is required in all original petitions and supplemental petitions, unless constructive service is permitted by law. Personal service may also be required in other actions by some judges. After initial service of the original or supplemental petition and summons by a deputy sheriff or private process server, service of most motions and other documents or papers filed in the case generally may be made by regular U.S. mail or hand delivery. However, service 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 initial original or supplemental petitions, anytime 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 every [*28] thing 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 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. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, % Florida Family Law Form 12.913(b). 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

Default... After being served with a petition or eounterpetition, 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 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 eounterpetition... 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 eounterpetition. In a eounterpetition, the respondent may request- the same or some other relief or action not requested by the petitioner. If the respondent files a eounterpetition, the petitioner should then file an Answer to Counterpetition, % Florida Family Law Form 12.902(d), and either admit or deny the allegations in the respondent’s eounterpetition.

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 Financial Affidavit, Florida Family Law Form 12.901(d) or (e). 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, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure, %> Florida Family Law Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure, N Florida Family Law Form 12.932. Setting a hearing or trial... Generally, the court will have hearings on motions, final hearings on uncontested or default cases, and trials on contested cases. Before setting your case for final hearing or trial, certain requirements such as completing mandatory disclosure and filing certain papers and having them served on the other party must be met. These requirements vary depending on the type of case and the procedures in your particular jurisdiction. For -further information, you should refer to the instructions for the type of form you are filing.

Next, you must obtain a hearing or trial-date so that the court may consider your request. You. should ask the clerk of court, or family law intake staff about the local procedure for setting a hearing or trial, which you should attend. These family law forms con [*29] tain orders and final judgments, which the judge may use. You should ask the clerk of court or family law intake staff if you need to bring one of these forms with you to the hearing or trial. If so, you should type or print the heading, including the circuit, county, ease number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Below are explanations of symbols or parts of different family law forms ...

{specify}, {date}, {name(s)}, {street}, {city}, {state}, {phone}

Throughout these forms, you will find hints such as those above. These tell you what to put in the blank(s).

[/ one only]

[/ all that apply]

These show how many choices you should check. Sometimes you may check only one, while other times you may check several choices. ( ) This also shows an area where you must make a choice. Check the ( ) in front of the choice that applies to you or your case.

% Florida Family Law Form

The symbol above tells you about another family law form you may need. [*30] FAMILY LAW GLOSSARY OF COMMON TERMS AND DEFINITIONS

Note: The following definitions are intended to be helpful, BUT they are not intended to constitute legal advice or address every possible meaning of the term(s) contained in this glossary.

Affidavit — a written statement in which the facts stated are sworn or affirmed to be true.

Answer — -written response by a respondent that states whether he or she admits (agrees with) or denies (disagrees with) the allegations in the petition. Any allegations not [*31] specifically denied are considered to be admitted.

Appeal — asking a district court of- appeal to review the decision in your case. There are strict procedural and time requirements for filing an appeal.

Asset — everything owned by you or your spouse, including property, cars, furniture, bank accounts, jewelry, life insurance policies, businesses, or retirement plans. An asset may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.

Attorney — a person with special education and training in the field of law who is a member in good standing of The Florida Bar and licensed to practice law in Florida. An attorney is the only person who is allowed to give you legal advice. An attorney may file your case and represent you in court, or just advise you of your rights before you file your own case. In addition to advising you of your rights, an attorney may tell you what to expect and help prepare you for court. In family law matters, you are not entitled to a court-appointed lawyer, like a public defender in a criminal ease. However, legal assistance is often available for those who are unable to hire a private attorney. You may consult the yellow pages of the telephone directory for a listing of legal aid or’ lawyer referral services in your area, or ask your local clerk of court or family law intake staff what services are available in your area. You may also obtain information from the Florida Supreme Court’s Internet cite located at http://Avww.ficourts.org/courts/supct.

Bond — money paid to the clerk of court by one party in a case, to be held and paid to an enjoined party in the event that the first party causes loss or damage of property as a result of 'wrongfully enjoining the other party.

Central Governmental Depository — the office of the clerk of court that is responsible for collecting and disbursing court-ordered alimony and child support payments. The depository also keeps payment records and files judgments if support is not paid.

Certificate of Service — a document that must be filed whenever a form you are using does not contain a statement for you to fill in showing to whom you are sending copies of the form. Florida Family Law Form 12.914 is the certificate of service form and contains additional instructions.

Certified Copy — a copy of an order or final judgment, certified by the clerk of the circuit court to be an authentic copy.

Certified Mail — mail which requires the receiving party to sign as proof that they received it.

Child Support — money paid from one parent to the other for the benefit of their dependent or minor child(ren).

Clerk of the Circuit Court — elected official in whose office papers are filed, a case number is assigned, and case files are maintained. The clerk’s office usually is located in the county courthouse.

Constructive Service — notification of the other party by newspaper publication or posting of notice at designated places when the other party cannot be located for personal service. You may also be able to use-constructive service when the other party lives in another state. Constructive service is also called “service by publication.” However, when constructive service is used, the relief the Court may grant is limited. For more information on service, see the instructions for Florida Family Law Forms 12.910(a) and 12.913(a) and (b).

Contested Issues — any or all issues upon which the parties are unable to agree and which must be resolved by the judge at a hearing or trial.

Contingent Asset — an asset that you may receive or get later, such as income, tax refund, accrued vacation or sick leave, a bonus, or an inheritance.

Contingent Liability — a Lability that you may owe later, such as payments for lawsuits, unpaid taxes, or debts that you have agreed or guaranteed to pay if someone else does not.

Counterpetition — a Avritten request to the court for legal action, which is filed by a respondent after being served vdth a petition. [*32] Default — a failure of a party to respond to the pleading of another party. This failure to respond may allow the court to decide the case without input from the party who did not appear or respond.

Delinquent - late.

Dependent Child(ren) — child(ren) who depend on their parent(s) for support either because they are under the age of 18, they have a mental or physical disability that prevents them from supporting themselves, or they are in high school while between the ages of 18 and 19 and are performing in good faith with reasonable expectation of graduation before the age of 19.

Deputy Clerk — an employee of the office of the clerk of court, which is usually located in the county courthouse or a branch of the county courthouse.

Dissolution of Marriage — divorce; a court action to end a marriage.

Enjoined — prohibited by the court from doing a specific act.

Ex Parte — communication with the judge by only one party. In order for a judge to speak with either party, the other party must have been properly notified and have an opportunity to be heard. If you have something you wish to tell the judge, you should ask for a hearing or file information in the clerk of court’s office, with certification that a copy was sent to the other party.

Family Law Intake Staff — a court’s employee(s) who is (are) available to assist you in filing a family law case. Family law intake staff are not attorneys and cannot give legal advice. They may only assist you with filling out the form(s). Your local clerk’s office can tell you if your county has such assistance available.

Filing — delivering a petition, response, motion, or other pleading in a court case to the clerk of court’s office.

Filing Fee — an amount of money, set by law, that the petitioner must pay when filing a case. If you cannot afford to pay the fee, you must file an Affidavit of Indigency, % Florida Family Law Form 12.901(e), to ask the clerk to file your case without payment of the fee.

Final Hearing — trial in your case.

Financial Affidavit — a sworn statement that contains information regarding your income, expenses, assets, and liabilities.

Final Judgment — a written document signed by a judge and recorded in the clerk of the circuit court’s office that contains the judge’s decision in your case.

Guardian ad Litem — a neutral person who may be appointed by the court to evaluate or investigate your child’s situation, and file a report with the court about what is in the best interests of your child(ren). Guardians do not “work for” either party. The guardian may interview the parties, visit their homes, visit the child(ren)’s school(s) and speak with teachers, or use other resources to make their recommendation.

Hearing — a legal proceeding before a judge or designated officer (general master or hearing officer) on a motion.

Judge — an elected official who is responsible for deciding matters on which you and the other parties in your ease are unable to agree. A judge is a neutral person who is responsible for ensuring that your case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving you or the other party any legal advice, recommendations, or other assistance, and may not talk to either party unless both parties are present, represented, or at a properly scheduled hearing.

Judicial Assistant — the judge’s personal staff assistant.

Liabilities — everything owed by you or your spouse, including mortgages, credit cards, or car loans. A liability may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree.

Lump Sum Alimony — money ordered to be paid by one spouse to another in a limited number of payments, often a single payment.

Mandatory Disclosure — items that must be disclosed by both parties except those exempted from disclosure by Florida Family Law Rule 12.285. [*33] Marital Asset — generally, anything that you and/or your spouse acquired or received (by gift or purchase) during the marriage. For example, something you owned before your marriage may be nonmarital. An asset may only be determined to be marital by agreement of the parties or determination of the judge.

Marital Liability — generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.

Mediator - a person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing. In some areas, mediation of certain family law cases may be required before going to court.

Modification — a change made by the court in an order or final judgment.

Motion — a request made to the court, other than a petition.

No Contact — a court order directing a party not speak to, call, send mail to, visit, or go near his or her spouse, ex-spouse, child(ren), or other family member. Nonlawyer — a person who is not a member in good standing of the Florida Bar. Nonmarital Asset — generally, anything owned separately by you or your spouse. An asset may only be determined to be nonmari-tal by either agreement of the parties or determination of the judge.

Nonmarital Liability — generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

Nonparty — a person who is not the petitioner or respondent in a court case.

Notary Public — a person authorized to witness signatures on court related forms.

Obligee — a person to whom money, such as child support or alimony, is owed.

Obligor — a person who is ordered by the court to pay money, such as child support or alimony.

Order — a written decision signed by a judge and filed in the clerk of the circuit court’s office, that contains the judge’s decision on part of your case, usually on a motion.

Original Petition — see Petition

Parenting Course — a class that teaches parents how to help their children) cope with divorce and other family issues.

Party — a person involved in a court case, either as a petitioner or respondent.

Paternity Action —A lawsuit used to determine whether a designated individual is the father of a specific child or children.

Payor — an employer or other person who provides income to an obligor. Permanent Alimony — spousal support ordered to be paid at a specified, periodic rate until modified by a court order, the death of either party, or the remarriage of the Obli-gee, whichever occurs first.

Personal Service — when a summons and a copy of a petition (or other pleading) that has been filed with the court are delivered by a deputy sheriff or private process server to the other party. Personal service is required for all petitions and supplemental petitions.

Petition — a written request to the court for legal action, which begins a court case.

Petitioner — the person who files a petition that begins a court case.

Pleading — a formal written statement of exactly what a party wants the court to do in a lawsuit or court action.

Primary Residence- the home in which the ehild(ren) spends most of his/her (their) time.

Pro Se Litigant — a person who appears in court without the assistance of a lawyer. Pro Se Coordinator — see Family Law Intake Staff.

Reasonable Visitation — -visitation between the nonresidential parent and children) that provides frequent and unhampered contact with the children). Such visitation'is de [*34] signed to encourage a close and continuing relationship with due regard for educational commitments of children), any health or social factors of the child(ren), business and personal commitments of both parents, and home arrangements of both parents.

Rehabilitative Alimony — spousal support ordered to be paid for a limited period of time to allow one of the parties an opportunity to complete a plan of education or training, according to a rehabilitative plan accepted by the court, so that he or she may better support himself or herself.

Respondent — the person who is served with a petition requesting some legal action against him or her. Rotating Custody — physical custody of children) after divorce, which is alternated between the mother and father at specified periods of time, as determined by the court. Rotating custody allows each parent equal time with the child(ren).

Scientific Paternity Testing — a medical test to determine who is the father of a child.

Secondary Residential Responsibility (Visitation) — the time that the parent with whom the child(ren) does (do) not have primary residence spends with the ehild(ren).

Service — the delivery of legal documents to a party. This must be accomplished as directed by Florida Family Law Rule 12.070 and 12.080.

Shared Parental Responsibility — an arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the ehild(ren) jointly. Shared Parental Responsibility is presumptive in Florida.

Sole Parental Responsibility — a parenting arrangement under which the responsibility for the minor child(ren) is given to one parent by the court, with or without rights of visitation to the other parent.

Specified Visitation — a parenting arrangement under which a specific schedule is established for the visitation and exchange of the children).

Spouse — a husband or wife.

Supervised Visitation — a parenting arrangement under which visitation between a parent and his or her children) is supervised by either a friend, family member, or a supervised visitation center. Supplemental Petition — a petition that may be filed by either party after the judge has made a decision in a ease and a final judgment or order has been entered. For example, a supplemental petition may be used to request that the court modify the previously entered final judgment or order. Trial — the final hearing in a contested ease.

Uncontested — any and all issues on which the parties are able to agree and which are part of a marital settlement agreement.

INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.900, DISCLOSURE FROM NONLAWYER

When should this form be used?

This form must be used when anyone who is not a lawyer in good standing with The Florida Bar helps you complete any Florida Family Law Form. Attorneys who are licensed to practice in other states but not Florida, or who have been disbarred or suspended from the practice of law in Florida, are nonlawyers for the purposes of the Florida Family Law Forms and instructions.

The nonlawyer must complete this form and both of you are to sign it.

In addition, on any other form with which a nonlawyer helps you, the nonlawyer shall complete the nonlawyer section located at the bottom of the form unless otherwise specified in the instructions to the form. This is to protect you and be sure that you are informed in advance of the nonlawyer’s limitations.

What should I do next?

After this form has been completed, both you and the nonlawyer should keep a copy for your records. [*35] Special notes...

This disclosure form does NOT act as or constitute a waiver, disclaimer, or limitation of liability. [*36] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

When should this form be used?

This form should be used when a husband and wife are filing for a simplified dissolution of marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if all of the following are true:

• You and your spouse agree that the marriage cannot be saved.

• You and your spouse have no minor or dependent child(ren) together and the wife is not now pregnant.

• You and your spouse have worked out how the two of you will divide the things that you both own (your assets ) and who will pay what part of the money you both owe (your liabilities ), and you are both satisfied with this division.

• You are not seeking support (alimony) from your spouse, and vice versa.

• Neither you nor your spouse wish to have any financial information other than that provided in the financial affidavits.

• You are willing to give up your right to trial and appeal.

• You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).

• You and your spouse are both willing to go to the final hearing (at the same time).

If you do not meet the criteria above, you must file a regular petition for dissolution of marriage.

This petition should be typed or printed in black ink. Each of you must sign the petition in the presence of a deputy clerk (in the clerk’s office), although you do not have to go into the clerk’s office at the same time. You will need to provide picture identification (valid driver’s license or official identification card) for the clerk to witness your signatures.

What should I do next?

1. After completing this form, you should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. In addition to this petition, you must file the forms listed below.

• Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e). (Each of you must complete a separate financial affidavit.)

• Notice of Social Security Number, % Florida Family Law Form 12.901 (j). (Each of you must complete a separate notice.)

• Marital Settlement Agreement, Florida Family Law Form 12.901(h)(3). (You will complete one agreement together.)

2. You must prove to the court that the husband and/or wife has (have) lived in Florida for more than 6 months before filing the petition for dissolution of marriage. Residence can be proved by:

• a valid Florida driver’s license, Florida identification card, or voter registration card issued to one of you at least 6 months prior to filing for dissolution of marriage; or

• the testimony of another person who knows that either you or your spouse has resided in Florida for more than 6 months and is available to testify in court; or

• an affidavit. To prove residence by affidavit, use an Affidavit of Corroborating Witness, % Florida Family Law Form 12.901(i). This form must be signed by a person who knows that either you or your spouse has lived in Florida for more than 6 months before the date that you filed the petition for dissolution of marriage. This affidavit may be signed in the presence of the clerk of the court or in the presence of a notary public, who must affix his or her seal at the proper place on the affidavit. [*37] 3. You must pay the appropriate filing fees to the clerk of the circuit court. If you and your spouse cannot afford to pay the filing fees, you may ask the court to waive the filing fees. If requesting a waiver, you will need to fill out an Affidavit of Indigency, Florida Family Law Form 12.901(c), and file it with your petition for dissolution of marriage.

4. Either you or the clerk of court will need to complete a civil cover sheet found in Form. 1.997 of the Florida Rules of Civil Procedure. The clerk’s office can provide this form.

5. You must obtain a date and time for a court appearance from the clerk of court. On that date, you and your spouse must appear together before a judge. You should complete a Final Judgment of Simplified Dissolution of Marriage, ^ Florida Family Law Form 12.990(a), and bring it with you to the hearing. At that time, if all of the papers are in order, the judge may grant a final judgment dissolving your marriage under simplified dissolution of marriage procedures by signing the final judgment which you have provided.

6.If you fail to complete this procedure, the court may dismiss the case to clear its records.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and Rule 12.105, Florida Family Law Rules of 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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*38] [*39] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(b)(1), PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form should be used when a husband or wife is filing for a dissolution of marriage and you and your spouse have a dependent or minor children) together or the wife is pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You must file this form if the following is true:

• You and your spouse have a dependent or minor children) together or the wife is pregnant.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, % Florida Family Law Form 12.913(b). If your spouse 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the respondent has 20 days to answer after being served [*40] with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED... If your spouse files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... If your spouse files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, % Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, % Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, % Florida Family Law Form 12.980(i).

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, ^ Florida Family Law Form 12.901(f).

• Child Support Guidelines Worksheet, Florida Family Law Form 12.901(g), if you are asking that child support be ordered in the final judgment. (If you do not know your spouse’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Affidavit of Corroborating Witness, % Florida Family Law Form 12.901(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date ease is actually filed with the clerk of the circuit court).

• Affidavit of Indigency, % Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1), if you and your spouse have reached an agreement on any or all of the issues.

• Notice of Social Security Number, Florida Family Law Form 12.901(j).

• Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on the respondent,, if not filed at the time of the petition.)

• Certificate of Compliance with Mandatory Disclosure, % Florida Fam [*41] ily Law Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you . and your spouse have agreed not to exchange these documents.)

Child Custody... If you and your spouse are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the ehild(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor children).

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the ehild(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. ° Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary Residential Responsibility

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for the children), you should request child support in your petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined'income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, % Florida Family Law Form 12.901(d) or (e), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, % Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may bé more or less than that of other people in seemingly similar situations.

Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities ... Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. [*42] Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with ehild(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(a). For more information, see the instructions for that form.

Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(1). Both of you must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), •% Florida Family Law Form 12.990(b)(1). You should cheek with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer... 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, 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. [*43] [*44] [*45] [*46] [*47] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(b)(2), PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have marital assets and/or marital liabilities but they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a simplified dissolution of marriage petition, % Florida Family Law Form 12.901(a). However, you cannot file for a simplified dissolution of marriage if any of the following are true:

• You disagree about property, debts, or other matters and wish to have a judge settle them for you.

• Either you or your spouse is seeking support (alimony).

• You would like to ask questions and get documents concerning your spouse’s income, expenses, assets, debts, or other matters before having a trial or settlement.

• You would like to reserve your rights to have any matters reconsidered or appeal the judge’s decision.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

For your ease to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, % Florida Family Law Form 12.913(b). If your spouse 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you [*48] may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, N Florida Family Law Form 12.980(ij.

With this form, you must also file the following:

• Affidavit of Corroborating Witness, ^ Florida Family Law Form 12.901(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date ease is actually filed with the clerk of the circuit court).

• Affidavit of Indigency, Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(2), if you and your spouse have reached an agreement on any or all of the issues.

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Financial Affidavit, Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service ' of the petition on the respondent, if not filed at -the time of the petition.)

• Certificate of Compliance with Mandatory Disclosure, ^ Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.)

Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities ... Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not [*49] consider it when distributing marital assets and liabilities.

Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), % Florida Family Law Form 12.948(a). For more information, see the instructions for that form.

Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(2). Both husband and wife must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), % Florida Family Law Form 12.990(c)(2), which the judge may use if yoür case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), % Florida Family Law Form 12.990(b)(2). You should cheek with the clerk, family law intake’ staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit; county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer help's you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Form 12.900, 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. [*50] [*51] [*52] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(b)(3), PETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY

When should this form be used?

This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have no marital assets and/or marital liabilities and they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a petition for simplified dissolution of marriage, % Florida Family Law Form 12.901(a). However, you may file this form if all of the following are true:

• You have no marital assets or marital debts.

• Neither you nor your spouse is seeking support (alimony).

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, % Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, ^ Florida Family Law Form 12.913(b). If your spouse 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, % Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or .judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, ^ Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files [*53] an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, % Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, Florida Family Law Form 12.980(i).

With this form, you must also file the following:

• Affidavit of Corroborating Witness, % Florida Family Law Form 12.901© OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).

• Affidavit of Indigency, % Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

• Notice of Social Security Number, «a» Florida Family Law Form 12.901Q).

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on the respondent,- if not filed at the time of the petition.)

• Certificate of Compliance with Mandatory Disclosure, ^ Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.)

Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncoritested), % Florida Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer... 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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, 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. [*54] [*55] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(c), AFFIDAVIT OF INDIGENCY

When should this form be used?

This form should be used by anyone in a family law case who is unable to pay court fees and costs and is requesting a waiver of those fees and costs.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. In addition, you must attach a Financial Affidavit, % Florida Family Law Form 12.901(d), to this form.

What should I do next?

A copy of this form, along with all of the other necessary forms, must be mailed or hand delivered to your, spouse in your case. Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, N Florida Family Law Form 12.980(i).' 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*56] [*57] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(d), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)

When should this form be used?

This form should be used when you are involved in a family law ease which requires a financial affidavit and your individual gross income is UNDER $50,000 per year. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county wheré the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. This must be accomplished within 45 days of service of the petition.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see rule 12.285, Florida Family Law Rules of Procedure.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, ^ Florida Family Law Form 12.980(i).

The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.

Hourly — If you are paid by the hour, you may convert your income to monthly as follows:

Hourly amount x Hours worked per week = Weekly amount

Weekly amount x 52 Weeks per year = Yearly amount

Yearly amount 12 Months per year = Monthly Amount

Daily — If you are paid by the day, you may convert your income to monthly as follows:

Daily amount x Days worked per week = Weekly amount

Weekly amount x 52 Weeks per year = Yearly amount

Yearly amount 12 Months per year = Monthly Amount

Weekly — If you are paid by the week, you may convert your income to monthly as follows:

Weekly amount x 52 Weeks per year = Yearly amount

Yearly amount 9- 12 Months per year = Monthly Amount

Bi-weekly — If you are paid every two weeks, you may convert your income to monthly as follows:

Bi-weekly amount x 26 = Yearly amount

Yearly amount -f 12 Months per year = Monthly Amount

Bi-monthly — If you are paid twice per month, you may convert your income to monthly as follows:

Bi-monthly amount x 2 = Monthly Amount [*58] Expenses may be converted in the same manner. 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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*59] [*60] [*61] [*62] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(e), FAMILY LAW FINANCIAL AFFIDAVIT

When should this form be used?

This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is $50,000 OR MORE per year. Read the instructions at the beginning of each section because you may not be required to complete every section of the affidavit. [*63] This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. This must be accomplished within 45 days of service of the petition.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see rule 12.285, Florida Family Law Rules of Procedure.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, Florida Family Law Form 12.980(i).

The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.

Hourly — If you are paid by the hour, you may convert your income to monthly as follows:

Hourly amount x Hours worked per week = Weekly amount

Weekly amount x 52 Weeks per year = Yearly amount

Yearly amount -s- 12 Months per year = Monthly Amount

Daily — If you are paid by the day, you may convert your income to monthly as follows: .

Daily amount x Days worked per week = Weekly amount

Weekly amount x 52 Weeks per year = Yearly amount

Yearly amount 12 Months, per year = Monthly Amount

Weekly — If you are paid by the week, you may convert your income to monthly' as follows:

Weekly amount x 52 Weeks per year = Yearly amount

Yearly amount 4- 12 Months per year = Monthly Amount

Bi-weekly — If you are paid every two weeks, you may convert your income to monthly as follows:

Bi-weekly amount x 26 = Yearly amount

Yearly amount 4- 12 Months per year = Monthly Amount

Bi-monthly — If you are paid twice per month, you may convert your income to monthly as follows:

Bi-monthly amount x 2 = Monthly Amount

Expenses may be converted in the same manner. .

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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, before! he or she helps you. A non-lawyer 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. [*64] [*65] [*66] [*67] [*68] [*69] [*70] [*71] [*72] [*73] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(f), UNIFORM CHILD CUSTODY JURISDICTION ACT (UCCJA) AFFIDAVIT

When should this form be used?

This form should be used in any case involving custody of or visitation with any minor children). This affidavit is required even if the custody and visitation of the minor children) are not in dispute.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see sections 61.1302-61.1854, Florida Statutes.

Special notes...

If you are the petitioner in an injunction for protection against domestic violence ease and you have filed Petitioner’s Request for Confidential Filing of Address, % Florida Family Law Form 12.980(i), you should write “confidential” in any space on this form that would require you to write the address where you are currently living.

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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*74] [*75] [*76] INSTRUCTIONS FOR FAMILY LAW FORM 12.901(g), CHILD SUPPORT GUIDELINES WORKSHEET

When should this form be used?

You should complete this worksheet if child support is being requested in your case. If you know the income of the other party, this worksheet should accompany your financial affidavit. If you do not know the other party’s income, this form must be completed after the other party files his or her financial affidavit, and serves a copy on you.

This form should be typed or printed in black ink. After completing this form, you should sign file the original with the clerk of the circuit court in the county where your ease is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. [*77] Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.30, Florida Statutes.

Special notes...

If this is a domestic violence ease and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, Florida Family Law Form 12.980(i).

The chart below contains the. guideline amounts that you should use when calculating child support. This amount is based on the number of children and the combined income of the parents, and it is divided between the parents in direct proportion to their income or earning capacity.' From time to time, some of the amounts in the child support guidelines chart will change. Be sure you have the most recent version of the chart before using it.

Because the guidelines .are based on monthly amounts, it may be necessary to convert some income and expense figures from other frequencies to monthly. You should do this as follows:

If you or the other parent request that the court award an amount that is different than the guideline amount, you must also complete and attach a Motion to Deviate from Child Support Guidelines, Florida Family Law Form 12.943.

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 a Disclosure from Nonlawyer, % O Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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.

CHILD SUPPORT GUIDELINES CHART [*78] [*79] [*80] [*81] [*82] [*83] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(h)(1), MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form should be used when a Petition for Dissolution of Marriage with Dependent or Minor Child(ren), %, Florida Family Law Form 12.901(b)(1), has been filed and the parties have reached an agreement on some or all of the issues at hand. This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing).

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida , Statutes, and the instructions for the petition and/or answer that' were filed in this case.

Special notes...

With this form you must also file a Child Support Guidelines Worksheet, % Florida Family Law Form 12.901(g), if not already filed.

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*84] [*85] [*86] [*87] [*88] [*89] [*90] [*91] [*92] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(h)(2),MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form should be used when a Petition for Dissolution of Marriage with Property but no Dependent or Minor Child(ren), ^ Florida Family Law Form 12.901(b)(2), has been filed and the parties have reached an agreement on some or all of the issues at hand.

This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. [*93] You should then refer to the instructions for your petition, answer, or answer and coun-terpetition concerning the procedures for setting a hearing or trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition and/or answer that were filed in this case.

Special notes...

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment.

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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*94] [*95] [*96] [*97] [*98] [*99] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(h)(3), MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

When should this form be used?

This form should be used when a Petition for Simplified Dissolution of Marriage, % Florida Family Law Form 12.901(a), has been filed and the parties have reached an agreement on all of the issues at hand.

This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures • witnessed by a notary public. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to' the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). [*100] Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see chapter 61, Florida Statutes, and the instructions for the petition which was filed in this case.

Special notes...

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment. 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*101] [*102] [*103] [*104] [*105] [*106] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(i), AFFIDAVIT OF CORROBORATING WITNESS

When should this form be used?

This form may be used to prove residency in a dissolution of marriage proceeding. To get a divorce in Florida, either the husband or the wife must have lived in Florida for at least 6 months before filing the petition. Residency may be proved by a valid Florida driver’s license, Florida identification card, or voter’s registration card (issue date of document must be at least 6 months before the date the case is actually filed with the clerk of the circuit court), or the testimony or affidavit of someone other than you or your spouse. This form is used to prove residency by affidavit. The person signing this form must know that you have lived in the State of Florida for at least 6 months before the date you signed your petition for dissolution of marriage.

This form should be typed or printed in black ink, and signed in the presence of a notary public. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*107] [*108] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.901(3), NOTICE OF SOCIAL SECURITY NUMBER

When should this form be used?

This form must completed and filed by each party in all paternity, child support, and dissolution of marriage cases, regardless of whether the case involves a minor child(ren) and/or property.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see sections 61.052 and 61.13, Florida Statutes.

Special notes...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s Request for Confidential Filing of Address, % Florida Family Law Form 12.980(i).

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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also must put Ms or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. [*109] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.902(a), ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

When should this form be used?

This form should be used when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing. If you file this form, you are admitting all of the allegations in the petition, saying that you do not need to be notified of or appear at the final hearing, and that you would like a copy of the final judgment mailed to you.

This form should be typed or printed in black ink, and your signature should be witnessed by a notary public. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

You have 20 days to answer after being served with the other party’s petition. A copy of this form, along with all of the other forms required with this answer and waiver, must- be mailed or hand delivered to the other party in your case.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there.

Special notes...

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, -% Florida Family Law Form 12.901(f), if the case involves a dependent or minor children).

• Child Support Guidelines Worksheet, Florida Family Law Form 12.901(g), if the case involves a dependent or minor child(ren). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you).

• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), ^ Florida Family Law Form 12.901(h)(2), if you have reached an agreement on any or all of the issues.

• Notice of Social Security Number, ^ Florida Family Law Form 12.901(j).

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on you, if not filed at the time of you file this answer.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) [*110] Child Custody... By filing this answer and waiver, you are agreeing to any child custody requests in the petition.

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the children) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary Residential Responsibility

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support... By filing this answer and waiver, you are agreeing to any child support requests in the petition. The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, % Florida Family Law Form 12.901(d) or (e), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, % Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... By filing this answer and waiver, you are agreeing to any alimony requests in the petition. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpet-ition and should not use this form. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities ... Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. By filing this answer and waiver, you are agreeing to any requests in the petition regarding division of assets and liabilities.

Final Judgment... You should receive a copy of the Final Judgment in the mail. If, for some reason you do not, you should call the clerk’s office to request a copy. It is important for you to review a copy of the Final Judgment in your case to see what happened and to know what you must do and what you are entitled to receive.

Nonlawyer... 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 a Disclosure from Nonlawyer, <§>> Florida Family Law [*111] Form 12.900, 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. [*112] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.902(b), ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage and you wish to admit or deny all of the allegations in the petition but you do not plan to file a counterpetition seeking relief. You can use this form to answer any petition for dissolution of marriage, whether or not there are minor child(ren).

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. This must be done within 20 days of receiving the petition.

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your ease. You have 20 days to answer after being served with the other party’s petition. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED... If you file an answer that agrees with everything in the other party’s petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call ’the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the final hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form. [*113] CONTESTED... If you file an answer which disagrees with or denies anything in the petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. See chapter 61, Florida Statutes, for more information.

Special notes...

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, Florida Family Law Form 12.901(f), if the ease involves a dependent or minor children).

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g), if the case involves a dependent or minor ehild(ren). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you).

• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), ^ Florida Family Law Form 12.901(h)(2), if you have reached an agreement on any or all of the issues.

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

Child Custody ... If you and your spouse are unable to agree about with whom the children) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor ehild(ren).

The judge may request a parenting evaluation or appoint a guardian ad litem in your ease. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary. Residential Responsibility

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact [*114] Child Support ... The court may' order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the children) to the other parent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in a counterpetition, ^ Florida Family Law Form 12.902(c)(1), and you cannot use this form. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, %>> Florida Family Law Form 12.901(d) or (e), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, % Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Alimony ... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition., ^ Florida Family Law Form 12.902(c)(l)(with dependent or minor child(ren)), or ^ Florida. Family Law Form 12.902(e)(2)(no dependent or minor children)). If you do not request alimony in writing before the final hearing, it is waived (you may not request it later).

Marital/Nonmarital Assets and Liabilities ... Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Temporary Relief ... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(a), or, if there are.no dependent or minor ehild(ren), Motion for Temporary Support with No Dependent or Minor Child(ren), % Florida Family Law Form 12.948(a). For more information, see the instructions for these forms.

Marital Settlement Agreement ... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(2). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form ... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.990(c)(1), and Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), % Florida Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), % Florida Family Law Form 12.990(b)(1), Final Judgment of Dissolution [*115] of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), ^ Florida Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of Marriage with No Property and No Dependent or Minor Child(ren), Florida Family Law Form 12.990(b)(3). You should cheek with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, 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. [*116] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.902(c)(1), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you. [*117] This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

You have 20 days to answer after being served with the other party’s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows:

The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Family Law Form 12.902(d).

UNCONTESTED ... Your dissolution is uneontested if you and your spouse agree on all issues raised in the petition and the eoun-terpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED .:. Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counter-petition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, ^ Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contáct the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, Florida Family Law Form 12.901(f);

• Child Support Guidelines Worksheet, N Florida Family Law Form 12.901(g). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Affidavit of Corroborating Witness, % Florida Family Law Form 12.901(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least' six months before date case is actually filed with the clerk of the circuit court).

• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1), if you have reached an agreement on any or all of the issues.

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the pétition on you, if not filed at the time you file this answer.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

Child Custody ... If you and your spouse are unable to agree about with whom the ehild(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the [*118] ehild(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary Residential Responsibility

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support .., The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your eounterpetition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, % Florida Family Law Form 12.901(d) or (e), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Alimony ... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in your counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities ... Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Temporary Relief ... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.947(a). For more information, see the instructions for that form. [*119] Marital Séttlement Agreement ... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(1). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form ... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested),

^ Florida Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

: Nonlawyer ... 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 a Disclosure from Nonláwyer, % Florida Family Law Form 12.900, 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. [*120] [*121] [*122] [*123] [*124] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.902(c)(2), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with property but no dependent or minor children) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

You have 20 days to answer after being served with the other party’s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows:

The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, % Florida Family Law Form 12.902(d). [*125] UNCONTESTED ... Your dissolution is uneontested if you and your spouse agree, on all issues raised in the petition and the coun-terpetition. If this is the ease, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.928, or other appropriate notice of hearing form.

CONTESTED ... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counter-petition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, ^ Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your ease for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

With this form, you must also file the following:

• Affidavit of Corroborating Witness, ^ Florida Family Law Form 12.901(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).

• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(2), if you have . reached an agreement on any or all of the issues.

• Notice of Social Security Number, ^ Florida Family Law Form 12.901Q).

• Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.)

• Certificate of Compliance with Mandatory Disclosure, ^ Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

Alimony ... Alimony may be awarded to a spouse if the judge finds that.he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in your counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities ... Florida law requires an equitable distribution of marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Temporary Relief ... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Family [*126] Law Form 12.948(a). For more information, see the instructions for that form.

Marital Settlement Agreement ... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(2). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Forms ... These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), ^ Florida Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), % Florida Family Law Form 12.990(b)(2). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, '% Florida Family Law Form 12.900, 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. [*127] [*128] [*129] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.902(c)(3), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with no dependent or minor child(ren) or property and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you such as restoring your former name.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

You have 20 days to answer after being served with the other party’s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows:

The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Family Law Form 12.902(d).

UNCONTESTED ... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the coun-terpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify thé other party of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED ... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counter- [*130] petition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, % Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

With this form, you must also file the following:

• Affidavit of Corroborating Witness, % Florida Family Law Form 12.901(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).

• Notice of Social Security Number, ^ Florida Family Law Form 12.901(j).

• Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

Alimony ... By using this form, you are forever giving up your rights to spousal support (alimony) from petitioner. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in an appropriate answer and counterpetition (see the other answer and counterpetition forms included in these forms for the appropriate form).

Marital/Nonmarital Assets and Liabilities ... By using this form, you are stating that there are no marital assets and/or liabilities.

Final Judgment Form ... These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncontested), Florida Family Law Form 12.990(b)(3). You should cheek with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, 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. [*131] [*132] [*133] [*134] [*135] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.903(a), SUPPLEMENTAL PETITION TO MODIFY CUSTODY OR VISITATION AND OTHER RELIEF

When should this form be used?

This form should be used when you are asking the court to change current court-ordered custody or visitation arrangements. The court can change an order granting shared parental responsibility, including a primary residential responsibility /custody order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is .in the child(ren)’s best interests.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the children) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or. country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, % Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, ^ Florida Family Law Form 12.913(b). 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file a Motion for Default, % Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), «§¡>0 Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED ... If the respondent files an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, % Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your ease for trial (final hearing). If the respondent files an answer and eounterpetition, you should answer the counterpetition within 20 days using an Answer to Counter- [*136] petition, % Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, % Florida Family Law Form 12.901(f).

• Child Support Guidelines Worksheet, N 0 Florida Family Law Form 12.901(g). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Affidavit of Indigency, Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

• Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is- no form for this in these Florida Family Law" Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1).

• Notice of Social Security Number, % Florida Family Law Form 12.901(j), if not previously filed.

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must, be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition.)

• Certificate of Compliance with Mandatory Disclosure, ^ Florida Family Law Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.)

Child Custody ... If you and the respondent are unable to agree about with whom the ehild(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor children).

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the ehild(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

Listed below are some terms with which you should become familiar before completing your supplemental petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary Residential Responsibility

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support ... The court may order one parent to pay child support to assist the other parent in meeting the ehild(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the children) to the other par [*137] ent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your supplemental petition. Florida has adopted guidelines for determining the, amount of child support to be paid. ' These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, Florida Family Law Form 12.901(d) or (e), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief ... If you need temporary relief regarding parental responsibility and visitation with child(ren), or temporary child support, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(a). For more information, see the instructions for that form.

Settlement Agreement ... If you and the respondent are able to reach an agreement on any or all of the issues, you should file a-Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida ' Family Law Form 12.901(h)(1). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form ... These family law forms contain a Supplemental Final Judgment of Modification of Parental Responsibility/Visitation, Florida Family Law Form 12.993(a), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, 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. [*138] [*139] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.903(b), SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT

When should this form be used?

This form should be used when you are asking the court to change a current court-ordered child support obligation. The court can change a child support order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the children) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, ^ Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, ^ Florida Family Law Form 12.913(b). 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military [*140] service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED ... If the respondent files an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied -with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using-a Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form. •

CONTESTED ... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, % Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counter-petition, % Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida . Statutes.

Special notes...

With this form, you must also file the following:

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Affidavit of Indigency, Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

• Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1).

• Notice of Social Security Number, ^ Florida Family Law Form 12.901(j), if not previously filed.

• Financial Affidavit, Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition.)

• Certificate of Compliance with Mandatory Disclosure, «a Florida Family Law Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.).

Child Support ... The court may order one parent to pay child support to assist the [*141] other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, % Florida Family Law Form 12.901(d) or (e), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief ... If you need temporary relief regarding child support, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(a). For more information, see the instructions for that form.

Settlement Agreement ... If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these _ Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.901(h)(1). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Finál Judgment Form ... These family law forms contain a Supplemental Final Judgment Modifying Child Support, %> Florida Family Law Form 12.993(b), which the judge may use. You should cheek with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, 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. [*142] [*143] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.903(c), SUPPLEMENTAL PETITION FOR MODIFICATION OF ALIMONY

When should this form be used?

This form should be used when you are asking the court to change a current court-ordered alimony obligation. The court can change an alimony order if the judge finds that there has been a substantial change in the circumstances of the parties.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the ehild(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, % Florida Family Law Form 12.913(b). 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, ^ [*144] Florida Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party; has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file -a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED ... If the respondent files an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, % Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files-an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counter-petition, % Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

Special notes...

With this form you must also file the following and serve a copy on the other party:

• Affidavit of Indigency, Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

• Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Family .Law Form 12.901(h)(2).

• Financial Affidavit, ^ Q Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the supplemental petition on the other party, if not filed at the time of the supplemental petition.)

• Notice of Social Security Number, Florida Family Law Form 12.901(j), if not previously filed.

• Certificate of Compliance with Mandatory Disclosure, % Florida Family Law Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the other party, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.) [*145] Alimony ... In order to modify an order for alimony, a judge must find that' there has been a substantial change in circumstances. Temporary Relief ... If you need temporary relief regarding modification of alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.947(a), or Motion for Temporary Support with No Dependent or Minor Child(ren), % Florida Family Law Form 12.948(b), whichever is appropriate. For more information, see the instructions for those forms.

Settlement Agreement ... If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(2). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form ... These family law forms contain a Supplemental Final Judgment Modifying Alimony, ^ Florida Family Law Form 12.993(e), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, 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. [*146] [*147] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.903(d), ANSWER TO SUPPLEMENTAL PETITION

When should this form be used?

This form should be used when you are responding to a supplemental petition for modification of custody or visitation, for child support, or for alimony. This form is used to admit or deny all of the allegations in the supplemental petition if you do not plan to file a counterpetition. There is no form for a counterpetition to a supplemental petition in these Family Law Forms. If you want to file a counterpetition to a supplemental petition you will need to either seek legal assistance or create a form yourself. You may construct an answer and counterpetition using the pertinent sections contained in the Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.902(c)(1), or Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), ^ Florida Family Law Form 12.902(c)(2).

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the case was filed and keep a copy for your records. This must be done within 20 days of receiving the supplemental petition.

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. Regardless of whether you file a counterpetition, you have 20 days to answer after being served with the other party’s supplemental petition. After you file your answer, the case will generally proceed in one of the following two ways: UNCONTESTED ... If you file an answer that agrees with everything in the other party’s supplemental petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If you file an answer which disagrees with or denies anything in the supplemental petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. If you request the hearing, you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in [*148] these instructions are defined there. See chapter 61, Florida Statutes, for more information.

Special notes...

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, % Florida Family Law Form 12.901(f), if the ease involves child(ren).

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g), if child support is an issue. (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), % Florida Family Law Form 12.901(h)(2).

• Notice of Social Security Number, ^ Florida Family Law Form 12.901(j), if not previously filed.

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the supplemental petition on you, if not filed at the time you file your answer.)

• Certificate of Compliance with Mandatory Disclosure, %>> Florida Family Law Form 12.932. (This must be filed within 45 days of service of the supplemental petition on you, if not filed at the time of you file your answer, unless you and the other party have agreed not to exchange these documents.)

Child Custody ... If this case involves child custody issue and if you and the other party are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor children).

The judge may request a parenting evaluation or appoint a guardian ad litem in your ease. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

Listed below are some terms with which you should become familiar before completing your supplemental petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary Residential Responsibility

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support ... If this case involves child support issues, the court may order one parent to'pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the children) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of [*149] both parents. You must file a Financial Affidavit, % Florida Family Law Form 12.901(d) or (e), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief ... If you need temporary relief regarding parental responsibility and visitation with ehild(ren), child support or alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(a) or, if you need temporary relief regarding alimony and there are no dependent or minor child (ren), you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Family Law Form 12.948(a), For more information, see the instructions for these forms.

Settlement Agreement ... If you and the other party are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Family Law Form 12.901(h)(2). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form ... These family law forms contain a Supplemental Final Judgment of Modification of Parental Responsibility/Visitation, ^ Florida Family Law Form 12.993(a), a Supplemental Final Judgment Modifying Child Support, ^ Florida Family Law Form 12.993(b), and a Supplemental Final Judgment Modifying Alimony, % Florida Family Law Form 12.993(e), which the judge may use, as appropriate. You should cheek with the clerk, family law intake staff, or judicial, assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, - division, and the parties’ names, and'leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer'... 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, 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. [*150] [*151] INSTRUCTIONS FOR FAMILY LAW FORM 12.904(a), PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form may be used to ask the court to enter a support order if you and your spouse are separated, and your spouse has the ability to contribute to you and your minor child(ren), but has failed to do so. You can only use this form if a dissolution of marriage has not been filed and the children) live primarily 'with you. If a petition for dissolution of marriage has been filed, you should file a Motion for Temporary Support with Dependent or Minor Child(ren), ^ Florida Family Law Form 12.947(a), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form.

This petition cannot address the issues of property, debts, custody, or visitation. It only deals with alimony and child support.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

For your ease to proceed, you must properly notify the other party in your ease of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. .However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Form 12.913(b).' If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, % Florida Family Law Form 12.913(a), after striking through “for Dissolution of Marriage” and inserting “for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren).” 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. [*152] If personal service is used, the other party has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file a Motion for Default, % Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED ... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of'hearing form. CONTESTED ... If the respondent files an answer or an , answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, %> Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your ease for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the eounterpetition within 20 days using an Answer to Counterpetition, Florida Family Law Form 12.902(d).

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.09, Florida Statutes.

Special notes...

With this form you must also file the following:

• Notice of Social Security Number, Florida Family Law Form 12.901Q).

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.)

• Certificate of Compliance with Mandatory Disclosure, ^ Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and the other party have agreed not to exchange these documents.)

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g), if you are asking that child support be ordered in the final judgment. (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)

• Affidavit of Indigency, ^ Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

Child Support ... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the children) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Financial Affidavit, S!§>> Florida Family Law Form 12.901(d) or (e), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines [*153] Worksheet, % Florida Family Law Form 12.901(g). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief ... If you need temporary relief regarding -child support or- temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(a). For more information, see the instructions for that form. . .

Final Judgment Form ... These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren), Florida Family Law Form 12.994(a), which the judge may use if your case is contested. You should check with the clerk, family law intake staff, or judicial, assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, 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. [*154] [*155] [*156] INSTRUCTIONS FOR FAMILY LAW FORM 12.904(b), PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form may be used if you and your spouse are separated, but a dissolution of marriage has not been filed, and you are requesting alimony. If a petition for dissolution has been filed, you should file a Motion for Temporary Support with No Dependent or Minor Child(ren), % Florida Family Law Form 12.948(a), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form.

This petition does not address the issues of property or debts. It only deals with alimony.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the petition. If you know where he or she lives, [*157] you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting .a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, ^ Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Form 12.913(b). If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, %> Florida Family Law Form 12.913(a), after striking through “for Dissolution of Marriage” and inserting “for Support Unconnected with Dissolution for Marriage with No Dependent or Minor Child(ren).” 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 Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the other party has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), «Si Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED ... If the respondent files an answer that agrees with everything in your petition or ah answer and waiver, and you have complied with mandatory disclosure and filed all o f the required papers,you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), «Sa Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If the respondent files an answer or an'answe r and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, % Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and'counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Family Law Form 12.902(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.09, Florida Statutes.

Special notes...

With this form you must also file the following:

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Financial Affidavit, Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.)

• Certificate of Compliance with Mandatory Disclosure, % Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and the other party have agreed not to exchange these documents.) [*158] • Affidavit of Indigency, ^ Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

Alimony ... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Temporary Relief ... If you need temporary relief regarding alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), ^ Florida Family Law Form 12.948(a). For more information, see the instructions for that form.

Final Judgment Form ... These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren), ^ Florida Family Law Form 12.994(b), which the judge may use if your case is contested. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer ... 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, 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. [*159] [*160] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.905, PETITION FOR GRANDPARENT VISITATION

When should this form be used?

This form should be used when grandparents are requesting visitation in one of the following circumstances:

• The mother and/or father of the children) with whom visitation is requested are/is deceased.

• The parents of the child(ren) with whom visitation is requested are divorced.

• The mother or father of the child(ren) with whom visitation is requested has deserted the ehild(ren).

• The parents of the child were not married when the ehild(ren) was born and did not marry after the child(ren)’s birth, and paternity has been established.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the ehild(ren) lives (live) and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify the other party(ies) of the petition. If you know where he and/or she lives, you must use personal service. If you absolutely do not know where he and/or she lives, you may use constructive service. However, if constructive service is used, the court may only grant limited relief, if any. For more information on constructive service, see Notice of Action for Dissolution of Marriage, % Florida Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, ^ Florida Family Law Form 12.913(b). If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, Florida Family Law Form 12.913(a), striking through “for Dissolution of Marriage” and inserting “for Grandparent Visitation.” The law regarding constructive service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the respondent(s) has (have) 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other partyfies) of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED ... If ,the respondent(s) file(s) an answer that agrees with everything [*161] in your petition or an answer and waiver, and you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party(ies) of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If the respondent(s) file(s) an answer that disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Tidal, % Florida Family Law Form 12.924, after you have filed all of the required papers. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Some circuits may require the completion of mediation before a final hearing may be set.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see chapter 752 and 61.13(2)(b)2.c., Florida Statutes.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*162] [*163] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.910(a), SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL

When should this form be used?

This form should be used to obtain personal service on the other party when you begin your lawsuit. Service is required for all documents filed in your case. Service means giving a copy of the required papers to the other party using the procedure that the law requires. Generally, there are two ways to make service: (1) personal service, or (2) service by mail or hand delivery. A third method for service is called constructive service ; however, the relief a court may grant may be limited in a ease where constructive service has been used.

The law requires that certain documents be served by personal service if personal service is possible. Personal service means that a summons (this form) and a copy of the forms you are filing with the court that must be personally served are delivered by a deputy sheriff or private process server

• directly to the other party, or

• to someone over the age of fifteen with whom the other party lives. [*164] Personal service is required for all petitions, including petitions for modification. You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriffs department in the county where the other party lives or works or by a private process server certified in the county where the other party lives or works.

In many counties, there are private process servers who, for a fee, will personally serve the summons and other documents that require personal service. You should look under “process servers” in the yellow pages of the telephone book for a list of private process servers in your area. You may use a private process server to serve any paper required to be personally served in a family law case except a petition for injunction for protection against domestic or repeat violence.

How do I start?

When you begin your lawsuit, you need to complete this form (summons) and a Process Service Memorandum, % Florida Family Law Form 12.910(b). The forms should be typed or printed legibly in black ink. Next, you will need to take these forms and, if you have not already done so, file your petition with the clerk of the circuit court in the county where you live. You should keep a copy of the forms for your records. The clerk will sign the summons, and then the summons, a copy of the papers to be served, and the process service memorandum must be delivered to the appropriate sheriffs office or to a private process server for service on the other party.

IF THE OTHER PARTY LIVES IN THE COUNTY WHERE SUIT IS FILED: Ask the clerk in your county about any local procedures regarding service. Generally, if the other party lives in the county in which you are filing suit and you want the sheriffs department to serve the papers, you will file the summons along with a Process Service Memorandum, Florida Family Law Form 12.910(b), with the clerk and the clerk will forward those- papers to the sheriff for service. Make sure that you attach a copy of the papers you want personally served to the summons. You may also need to provide the sheriff with a stamped envelope addressed to you. This will allow the sheriff to send the proof of service to you, after the sheriff serves your papers on the other party. However, in some counties the sheriff may send the proof of service directly to the clerk. If you are instructed to supply a self-addressed, stamped envelope and you receive the proof of service, you should file the proof of service with the clerk after you receive it from the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal checks are not accepted. You should attach to the summons a cashier’s cheek or money order made payable to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork and the fee to the sheriff yourself. The clerk will tell you which procedure to use. The costs for service may be waived if you are indigent.

If you want a private process server to serve the other party, you should still bring the summons to the clerk’s office and have the clerk sign it for you. You should deliver the summons, along with the copy of your initial petition and any other papers to be served, and a Process Service Memorandum, % Florida Family Law Form 12.910(b), to the private process server. The private process server will charge you a fee for serving the papers. After service is complete, proof of service by the privaté process server must be filed with the clerk. You should discuss how this will occur with the private process server. IF THE OTHER PARTY LIVES IN ANOTHER COUNTY: If the other party fives in another county, service needs to be made by a sheriff in the county where the other party lives or by a private process server certified in the county where the other party fives. Make sure that you attach a copy of the papers you want personally served to the summons as well as the Process Service Memorandum, Florida Family Law Form 12.910(b). If you want the sheriff to serve the papers, the clerk may send your papers to that sheriffs office for you, or you may have to send the papers yourself. The clerk will tell you which procedure to use. [*165] Either way, you will need to provide the sheriff with a stamped envelope addressed to you. This will allow the sheriff to send the proof of service to you, after the sheriff serves your papers on the other party. You should file the proof of service with the clerk after you receive it'from the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal cheeks are not accepted. You should attach to the summons a cashier’s cheek or money order made payable to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork and the fee to the sheriff yourself. The clerk will tell you which procedure to use. The costs for service may be waived if you are indigent.

If you want a private process server to serve the other party, you should still bring the summons to the clerk’s office where the clerk will sign it for you. You should deliver the summons, along with the copy of your initial petition and any other papers to be served, and a Process Service Memorandum, ^ Florida Family Law Form 12.910(b), to the private process server. The private process server will charge you a fee for serving the papers. After service is complete, proof of service by the private process server must be filed with the clerk. You should discuss how this will occur with the private process server. IF THE OTHER PARTY CANNOT BE LOCATED OR DOES NOT LIVE IN FLORIDA: If, after you have made a diligent effort to locate the other party, you absolutely cannot locate the other party, you may serve the other party by publication. Service by publication is also known as constructive service. You may also be able to use constructive service if the other party does not live in Florida. However, Florida courts have only limited jurisdiction over a party that is served by constructive service and may have only limited jurisdiction over a party living outside of Florida regardless of whether that party is served by constructive or personal service; that is, the judge’s power to order the other party to do certain things may be limited. For example, the judge may be able to grant your request for a divorce, but the judge may not be able to address issues such as child support, spousal support (alimony), or division of property or debts.

Regardless of the type of service used, if the other party once lived in Florida but is living outside of Florida now, you should include in your petition a statement regarding the length qf time the party lived in Florida, if any, and when. For example: “Respondent last lived in Florida from {date}_ to {date}_”

This area of the law is very complex and you may need to consult with an attorney regarding the proper type of service to be used in your case if the other party does not live in Florida or cannot be located.

What happens when the papers are served on the other party?

The date and hour of service are written on the original summons and on all copies of it by the person making the service. The person who delivers the summons and copies of the petition must file a proof of service with the clerk or provide a proof of service to you for filing with the court. It is your responsibility to make sure the proof of service has been returned to the clerk and placed in your case file.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information regarding service of process, see chapters 48 and 49, Florida Statutes, and rule 1.070, Florida Rules of Civil Procedure, as well as the instructions for Notice of Action for Dissolution of Marriage, ^ Florida Family Law Form 12.913(a), and Affidavit of Diligent Service and Inquiry, % Family Law Form 12.913(b), for further information.

Special notes ...

If you have been unable to obtain proper service on the other party within 120 days after filing your lawsuit, the court will dismiss your lawsuit against the other party unless you can show the court a good reason why service was not made within 120 days. [*166] For this reason, if you had the local sheriff serve the papers, you should check with the clerk every couple of weeks after completing the service papers to see if service has been completed. You may need to supply the sheriff with a new or better address. If you had a private process server or a sheriff in another county serve the papers, you should be in contact with that person or sheriff until you receive proof of service from that person or sheriff. You should then file the proof of service with the clerk immediately.

If the other party fails to respond, i.e., fails to file a written response with the court, within 20 days after the service of the summons, you are entitled to request a default. See the instructions to Motion for Default, % Florida Family Law Form 12.922(a), and Default, 12.922(b), for further information. You will need to file Nonmilitary Affidavit, ^ Florida Law Form 12.912(b), before a default may be granted.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*167] [*168] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.910(b), PROCESS SERVICE MEMORANDUM

When should this form be used?

You should use this form to give the sheriffs department (or private process server) instructions for serving the other party in your case with the Summons: Personal Service on an Individual, % Florida Family Law Form 12.910(a), and other papers to be served. On this form, you can tell the sheriffs department the best times to find the person at work and/or at home. You can also include a map to the other person’s home or work place to help the sheriff find the person and deliver the summons. Do not forget to attach to the summons a copy of [*169] your initial petition and any other papers you want personally served on the other party.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your petition was filed and attach a copy to the Summons: Personal Service on an Individual, Florida Family Law Form 12.910(a). You should also keep a copy for your records.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. You should read the instructions for Summons: Personal Service on an Individual, % Florida Family Law Form 12.910(a), for additional information.

Special notes ...

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter your address, telephone, and fax information at the bottom of this form. Instead, write “confidential” in the spaces provided for that information and file Petitioner’s Request for Confidential Filing of Address, Florida Family Law Form 12.980(i).

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*170] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.912(a), MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE

When should this form be used?

This form should be used if you DO NOT KNOW whether the other party in your ease is on active duty in a branch of the military service of the United States. Fill out this form and mail one copy to each of the military offices at the addresses on the form. You may be charged a service fee by each military service branch for their response. To assist you in determining the amount of each military branch’s fee, phone numbers are listed below. You will need to call each number to find out their fee for this search. Even if you believe that the other party has never or would never join the military, you must show the court proof that he or she is not a member of the military. Therefore, you may need to use this form to provide the court with such proof. See the instructions for the Nonmilitary Affidavit, ^ Florida Family Law Form 12.912(b), for additional information.

COAST GUARD: U.S. Coast Guard Commander (CGPC-ADM-3), Coast Guard Personnel Command, 2100 2nd St., S.W., Room 1616, Washington, D.C. 20593, Phone:(202) 267-1340

AIR FORCE: AFPC MSIMDL, 550 C Street, W., Suite 50, Randolph AFB, TX 78150-4752, Phone: (210) 652-5775

NAVY: BUPERS, PERS 02116, 2 Navy Annex, Washington,. D.C. 20370-0216, Phone: (703) 614-5011 or (703) 614-9221

MARINE CORPS.: USMC-CMC, HQMC-MMSB-10, 2008 Elliot Road, Room 201, Quantico, VA 22134-5030, Phone: (703) 784-3941

PUBLIC HEALTH SERVICE: Surgeon General, U.S. Public Health Service, Div. of Comm., Off. Personnel, 5600 Fishers Lane, Room 4-21, Rockville, MD 20857, Phone: (301) 594-2963

ARMY: Army World Wide Locator, U.S. Army Enlisted Records and Evaluation Center, 8899 East 56th Street, Indianapolis, IN 46249-5301, Phone: (703) 325-3732

This form should be typed or printed in black ink. You should complete this form for each branch of the United States’ military listed above, and mail the form to each branch with a check for the appropriate amount and a stamped, self-addressed envelope. You should keep a copy of' the form for your records. After you have received a verification of nonmilitary status from each branch, you will need to attach those verifications to a Nonmilitary Affidavit, % Florida Family Law Form 12.912(b), for filing with the clerk.

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 [*171] must give you a copy of Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*172] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.912(b), NONMILITARY AFFIDAVIT

When should this form be used?

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.

• You ABSOLUTELY KNOW FOR CERTAIN that the other person is NOT in the military seivice.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You must file the original of this form with the clerk of the circuit court when you file your Motion for Default, ^ Florida, 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.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*173] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.918(a), NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE

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 if you do. not know where your spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service. However, if you use constructive service, the court may grant only limited relief because its jurisdiction is limited. For example, the court can grant your divorce but cannot decide issues of child support, spousal support (alimony), or division of property or debts. This is a complicated area of the law and you may wish to 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 Form 12.913(b). You should keep a copy for your records.

After the Affidavit of Diligent Search and Inquiry, '% Florida Family Law Form 12.913(b), is filed, the clerk will sign this form. The form must then be given to a qualified local newspaper to be published 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 Affidavit of Indigency, % Florida Family Law Form 12.901(c). If the clerk determines that you cannot afford these costs, the clerk will post the notice of action. In Dade, Broward, and Duval counties, you may ask the clerk to publish your notice without charge.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these, forms. For further information, see rule 12.070, [*174] Florida Family Law Rules of Procedure, and rule 1.070, Florida Rules of Civil Procedure.

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 Family Law Form 12.922(a), and Default, Florida 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 Form 12.900, before he or she helps you. A non-lawyer 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. [*175] [*176] [*177] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.914, CERTIFICATE OF SERVICE

When should this form be used?

After the petition has been properly served (through either a personal service or constructive service), both parties must send copies of all additional documents or papers they file with the clerk to the other party or his or her attorney, if he or she has one. Each time you file a document, you must certify that you provided the other party with a copy. Many of the Florida Family Law Forms already have a place above the signature line for this certification. It looks like this:

I certify that a copy of this document was [/ one only] () mailed ( ) faxed and mailed ( ) hand-delivered to the person(s) listed below on {date}_

Other party or his/her attorney:

Name: -,-

Address: _:-

City, State, Zip: -

Fax Number: -

If a form you are filing has a certificate, you do not need to file a separate Certificate of Service, % Florida Family Law Form 12.914. However, each time you file a document that does not have a certificate like the one above, you must file a Certificate of Service, ^ Florida Family Law Form 12.914, and send a copy of the document to the other party. This includes letters to the judge.

This form should be typed or printed in black ink. After completing this form (giving the name of each form, document, or paper filed), you should sign the form before a notary public. You should file the original with the [*178] clerk of the circuit court in the county where your case was filed and keep a copy for your records.

The copy you are providing to the other party must be mailed (postmarked) or delivered to the opposing party or his or her attorney on the same day indicated on the certificate of service.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For more information, see rule 1.080, Florida Rules of Civil Procedure and rule 12.080, Florida Family Law Rules of 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 Form 12.900, before he or she helps you. A non-lawyer 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. [*179] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.915, NOTICE OF CURRENT ADDRESS

When should this form be used?

This form should be used to inform the clerk and the other party of your current address or any change of address. It is very important that the court and the other party in your case have your correct address.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to any other party in your case.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*180] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORMS 12.920(a), MOTION FOR REFERRAL TO GENERAL MASTER 12.920(b), ORDER OF REFERRAL TO GENERAL MASTER and 12.920(c), NOTICE OF HEARING BEFORE GENERAL MASTER

When should these forms be used?

A general master is an attorney appointed by a judge to take testimony and recommend decisions on certain matters connected with a divorce. These recommendations are then reviewed by the judge and are generally approved unless contrary to the law or the facts of the case. The primary purposes of having general masters hear family law matters are to reduce the costs of litigation and to speed up cases. Either party may request that their case, or portions of their case, be heard by a general master by filing Motion for Referral to General Master, Florida Family Law Form 12.920(a). You must also prepare and submit an Order of Referral to General Master, Florida Family Law Form 12.920(b), to submit to the judge assigned to your case.

Many times, the court, either on its own motion or under current administrative orders of the court, may refer your case to a general master. Even in those instances, you may be required to prepare and submit an Order of Referral to General Master, Florida Family Law Form 12.920(b), to the judge.

Once a general master has been appointed to your case, the general master will assign a time and place for a hearing as soon as reasonably possible after the referral is made. The general master will give notice of that hearing to each of the parties directly or will direct a party or attorney in the case to file and serve a notice of hearing on the other party. If you are asked to send the notice of hearing, you will need to use the form entitled Notice of Hearing Before General Master, Florida Family Law Form 12.920(c). Regardless of who prepares the notice of hearing, the moving party (the one who requested referral to the general master) is required to have the notice properly served on the other party.

These forms should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

If you are filing a Motion for Referral to General Master, % Florida Family Law Form 12.920(a), you need to send or deliver your motion directly to the judge assigned to your case, along with an Order of Referral to General Master, Florida Family Law Form 12.920(b), and an addressed, stamped envelope for each party in the case. [*181] The judge will then either grant or deny the motion, usually without a hearing.

If you are required to submit a Order of Referral to General Master, Florida Family Law Form 12.920(b), to the judge assigned to your ease, you will need to send or deliver the order directly to the judge, along with addressed, stamped envelopes for each party in the ease.

The party who prepares any of these forms must file the original with the clerk of the circuit court. A copy of the motion must be mailed or hand delivered to any other party in your case.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rule 12.490, Florida Family Law Rules of Procedure.

Special notes ...

IMPORTANT: After the judge refers your case to a general master, either party (including the party who was required to prepare and submit the Order of Referral) may object to the referral within 10 days of the date that the referral is made (if the Order of Referral is served by mail, the parties have an additional 5 days within which to object to the referral). Every litigant is entitled to have his or her case heard by a judge. However, before you decide to object to an Order of Referral to General Master, you should consider the potential extra costs and time delays that may result from having a judge hear your case instead of a general master. You may want to speak with an attorney in your area who can assist you in making a more informed decision regarding whether you should file an objection to an Order of Referral to General Master. 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 Form 12.900, before he or she helps you. A non-lawyer 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. [*182] [*183] [*184] [*185] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.921, NOTICE OF HEARING (CHILD SUPPORT ENFORCEMENT HEARING OFFICER)

When should this form be used?

A child support enforcement hearing officer is an attorney who has been appointed by administrative order of the court to take testimony and recommend decisions in cases involving the establishment, enforcement, and/or modification of child support. If your case only involves issues pertaining tp child support, you cannot object to the referral of your ease to a hearing officer. Use this form anytime you have set a hearing before a child support enforcement hearing officer and have been instructed to send notice of the hearing to the other party. Before you fill out this form, you should coordinate a hearing time and date with the hearing officer and the other party. If the Department of Revenue is a party to the case, you may need to schedule your hearing time with the attorney for the Department of Revenue.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, See rule 12.941, Florida Family Law Rules of Procedure.

Special notes ...

An attorney who has been appointed by the court to serve as a child support enforcement hearing officer can also be appointed to serve as a general master. If your case involves only child support issues, your case properly may be referred to a general master acting as a child support enforcement hearing officer. 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, O Florida Family Law Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last [*186] page of every form he or she helps you complete. [*187] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM(S) 12.922(a), MOTION FOR DEFAULT and 12.922(b), DEFAULT

When should these forms be used?

If the other party has failed to file or serve any documents within 20 days after the date of service of your petition, you may ask the clerk of the circuit court to enter a default against him or her by filling out this form and filing it with the court. Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.

To obtain a default, you will need to complete Motion for Default, ^ Florida Family Law Form 12.922(a). You will then need to file your motion for default along with the Default, Florida Family Law Form 12.922(b), so that the clerk can enter a default for you if your motion is proper. This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where you filed your petition and keep a copy for your records.

What should I do next?

After the default has been entered, you must ask for a hearing, so that the judge can consider your petition. To do this, you must contact the clerk’s office, family law intake staff, or judicial assistant to schedule a hearing and file a Notice of Hearing (General), % Florida Family Law Form 12.923, with the clerk. A copy of the notice of hearing must be mailed or hand-delivered to each party in the case. You must send a notice of final hearing to the defaulted party.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rule 1.500, Florida Rules of Civil Procedure, concerning defaults and rule 1.140, Florida Rules of Civil Procedure, concerning the time within which a party can file an answer or other responsive pleading to a petition. See also rule 12.080, Florida Family Law Rules of 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 Form 12.900, before he or she helps you. A non-lawyer 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. [*188] [*189] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.922(c), MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT

When should this form be used?

If a default or default judgment has been entered against you, and you believe, because of a mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud, that it should not have been entered against you, you can use this form to request that the court set aside the default or default judgment.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the default was entered and keep a copy for your records.

What should I do next?

After you file this form with the clerk and serve a copy on the other party in the case, you must schedule a hearing so that the court can consider your motion. You should contact the clerk, family law intake staff, or judicial assistant to schedule a hearing. Once you have scheduled the hearing date and time, you will need to complete and send out a notice for that hearing. To do so, use Notice of Hearing (General),^ Florida Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rule 12.540, Florida Family Law Rules of Procedure, and rules 1.500(d) and 1.540(b), 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 [*190] must give you a copy of Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*191] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.923, NOTICE OF HEARING (GENERAL)

When should this form be used?

Anytime you have set a hearing before a judge, you must send notice of the hearing to the other party. IMPORTANT: If your hearing has been set before a general master, you should use Notice of Hearing Before General Master, Florida Family Law Form 12.920(c). If your hearing has been set before a child support enforcement hearing officer, you should use Notice of Hearing (Child Support Hearing Officer), % Florida Family Law Form 12.921.

This form should be typed or printed in black ink. After completing this form, you should. file the original with the clerk of the circuit court in the 'county where your case was filed keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case. If a default has been entered, you must still send this form to the other party to notify the other party of the final hearing.

Where can I look for more informátion?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information on serving notices of [*192] hearing, see rule 1.090(d), Florida Civil Rules of Procedure.

Special notes ...

To set a hearing date and time, you will usually have to make a good-faith effort to coordinate a mutually convenient date and time for you, the other parties in the case, and the judge, except in certain emergency situations. Some circuits may have additional procedural requirements that you must follow when you notify the court and other parties of your scheduled hearing. Therefore, before you complete this form, you should contact the clerk’s office, family law intake staff, or judicial assistant for information regarding the proper procedure to follow.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*193] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.924, NOTICE FOR TRIAL

When should this form be used?

Generally, the court will have trials (or final hearings) on contested cases. This form is to be used to notify the court that your case is ready to be set for trial. Before setting your case for trial, certain requirements such as completing mandatory disclosure and fiL ing certain papers and having them served on the other party must be met. These requirements vary depending on the type of case and the procedures in your particular circuit. In some circuits you must complete mediation or a parenting course before you can set a final hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form. Other circuits may require that you set the trial using an Order Setting Trial. Contact the clerk of the court, family law intake staff, or judicial assistant to determine how the judge assigned to your case sets trials. For further information, you should refer to the instructions for the type of form you are filing.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your ease.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rule 12.440, Florida Family Law Rules of Procedure.

Special notes ...

These family law forms contain orders and final judgments, which the judge may use. You should ask the clerk of court, family law intake staff, or judicial assistant if you need to bring one of these forms with you to the hearing or trial. If so, you should type or print the heading, including the circuit, county, ease number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non- [*194] lawyer 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 FAMILY LAW FORM 12.927, NOTICE OF VOLUNTARY DISMISSAL

When should this form be used?

If you are the petitioner in a case and you wish to discontinue (dismiss) the case, you may use this form to request that the court dismiss your petition. If you are the respondent in a case and you have filed a counterpetition, you may use this form to request that the court dismiss your counter-petition.

WARNING: If your case involves both a petition and a counterpetition, a notice of [*195] voluntary dismissal filed by one party -will NOT dismiss the other party’s petition or counterpetition. The other party also must file a notice of voluntary dismissal for the entire case to stop completely.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand-delivered to each party in the case.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rule 12.420, Florida Family Law Rules of 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 Form 12.900, before he or she helps you. A non-lawyer 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. [*196] INSTRUCTIONS' FOR FLORIDA FAMILY LAW FORM 12.930(a), NOTICE OF SERVICE OF STANDARD FAMILY LAW INTERROGATORIES

When should this form be used?

You should use this form to tell the court that you are asking the other party in your ease to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your ease. The standard family law interrogatories are designed to supplement the information provided in the Financial Affidavit, ^ Florida Family Law Forms 12.901(d) or (e). You should carefully read the standard interrogatory forms, Florida Family Law Form 12.930(b) and (c), to determine which questions, if any, the other party needs to answer in order to provide you with information not covered by the financial affidavit forms.

This form should be typed or printed in black ink. You must indicate whether you are sending the interrogatories for original and enforcement proceedings or the interrogatories for modification proceedings. You must also indicate which questions you are asking the other party to answer. After completing this form you should file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records.

What should I do next?

A copy of this form, along with two copies of the appropriate interrogatories, Florida Family Law Form 12.930(b) or (c), must be mailed or hand delivered to the other party in your case.

You may want to inform the other party of the following information:

As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and mail (have postmarked) the answers to you. His or her answers may be written on as many separate sheets of paper as necessary. He or she should number each page and indicate which question(s) he or she is answering, and be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits.

The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rules 12.280, 12.285, 12.340, and 12.380, Florida Family Law Rules of Procedure, and rules 1.280, 1.340, and 1.380, 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 [*197] must give you a copy of Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*198] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.930(b), STANDARD FAMILY LAW INTERROGATORIES FOR ORIGINAL OR ENFORCEMENT PROCEEDINGS

When should this form be used?

This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.)

The questions in this form should be used in original proceedings or enforcement proceedings and are meant to supplement the information provided in the Financial Affidavit, Florida Family Law Forms 12.901(d) or (e). You should read all of the questions in' this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them.

This form should be typed or printed in black ink. You must complete the box at the beginning of this form to indicate which questions you are requesting that the other party answer. You should send 2 copies of this form and the Notice of Service of Standard Family Law Interrogatories, % Florida Family Law Forms 12.930(a), to the other party. You should also keep a copy for your records. You do not need to file this form with the clerk of the circuit court. However, you must file the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Forms 12.930(a), to tell the court that you have sent this form to the other party.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see the instructions for Notice of Service of Standard Family Law Interrogatories, % Florida Family Law Form 12.930(a), rules 12.280, 12.285, 12.340, and 12.380, Florida Family Law Rules of Procedure, and rules 1.280, 1.340, and 1.380, Florida Rules of Civil Procedure.

Special notes ...

In addition to the standard questions in this, form, you may ask up to 10 additional questions. You should type or print legibly your additional questions on a separate sheet of paper and attach it to this form. If you want to ask more than 10 additional questions, you will need to get permission from the judge.

You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and mail (have postmarked) the answers to you. His or her answers shall be written in the blank space provided after each separately numbered interrogatory. If sufficient space is not provid-. ed, the answering party may attach additional papers with the answers and refer to them in the space .provided in the interrogatories. He or she should be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions.

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, % D Florida Family Law Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also [*199] 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. [*200] [*201] [*202] [*203] [*204] [*205] [*206] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.930(e), STANDARD FAMILY LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS

When should this form be used?

This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.)

The questions in this form should be used in modification proceedings and are meant to supplement the information provided in the Financial Affidavits, % Florida Family Law Forms 12.901(d) or (e). You should read all of the questions in this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them.

This form should be typed or printed in black ink. You must complete the box at the beginning of this form to indicate which questions you are requesting that the other party answer. You should send two copies of this form and the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Forms 12.930(a) to the other party. You should also keep a copy for your records. You do not need to file this form with the clerk of the circuit court. However, you must file the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Forms 12.930(a), to tell the court that you have sent this form to the other party.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see the instructions for Notice of Service of Standard Family Law Interrogatories, % Florida Family Law Form 12.930(a), rules 12.280, 12.285, 12.340, and 12.380, Florida Family Law Rules of Procedure and rules 1.280, 1.340, and 1.380, Florida Rules of Civil Procedure.

Special notes ...

In addition to the standard questions in this form, you may ask up to 10 additional questions. You should type or print your additional questions on a separate sheet of paper and attach it to this form. If you want to ask more than 10 additional questions, you will need to get permission from the judge.

You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and mail (have postmarked) the answers to you. His or her answers shall be written in the blank space provided after each separately numbered interrogatory. If sufficient space is not provided, the answering party may attach additional papers with the answers and refer to them in the space provided in the interrogatories. He or she should be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions.

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 Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also must put his or her name, address, and [*207] telephone number on the bottom of the last page of every form he or she helps you complete. [*208] [*209] [*210] [*211] [*212] [*213] INSTRUCTIONS FOR FAMILY LAW FORMS 12.981(a), NOTICE OF PRODUCTION FROM NONPARTY and 12.931(b), SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NON-PARTY

When should these forms be used?

These forms should be used if you need copies of documents (for a purpose relating to your case) from a nonparty in your case. Both forms should be typed or printed in black ink. .

Notice of Production from Nonparty, ^ Florida Family Law Form 12.931(a), is used to notify the other, party in your case that in 10 days you are going to subpoena documents from a nonparty. Subpoena for Production of Documents from Nonparty, ^ Florida Family Law Form 12.931(b), is the actual subpoena directing the nonparty to produce specific documents. You must file the originals of these forms with the clerk of the circuit court. A copy of these forms must be mailed or hand delivered to any other party in your case.

What should I do next?

Ten days after you serve the Notice of Production from Nonparty, % Florida Family Law Form 12.931(a), on the other party in your case (15 days if service is by mail), you should ask the clerk of the court to sign the subpoena. You should contact the deputy sheriff or private process server and have the subpoena personally served on the person named in the subpoena. [*214] Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. Because these papers must also comply with rule 12.280, Florida Family Law Rule of Procedure, and rules 1.280, 1.350, 1.351, and 1.410, Florida Rules of Civil Procedure, you also should read those rules.

Special notes ...

If the other party in your ease objects in writing within 10 days (allow an additional 5 days if served by mail) of service of the Notice of Production from Nonparty, % Florida Family Law Form 12.931(a), you may not use this procedure to obtain documents from the nonparty unless and until the court orders otherwise.

The nonparty receiving the subpoena may charge you a reasonable fee for copies of the documents.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*215] [*216] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.932, CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE

When should this form be used? Mandatory disclosure requires each party in a dissolution of marriage case to provide the other party with certain financial information and documents. These documents must be provided by mail or hand delivery to the other party within 45 days of service of the petition for dissolution of marriage or supplemental petition for modification on the respondent. The mandatory disclosure rule applies to all original and supplemental dissolution of marriage cases, except simplified dissolution of marriage cases and eases where the respondent is served by constructive service and does not answer. You should use this form to notify the court and the other party that you have complied with the mandatory disclosure rule.

Each party must provide the other party with the documents listed in section 2 of this form if the relief being sought is permanent regardless of whether it is an initial or supplemental proceeding. The financial affidavit is the only document that must be filed with the court and sent to the other party; all other documents should be sent to the other party but not filed with the court. If your individual gross annual income is under $50,000, you should complete the Family Law Financial Affidavit (Short Form), ^ Florida Family Law Form 12.901(d). If your individual gross annual income is $50,000 or more, you should com- [*217] píete the Family Law Financial Affidavit, % Florida Family Law Form 12.901(e).

In addition, there are separate mandatory disclosure requirements that apply to temporary financial hearings, which are listed in section 1 of this form. The party seeking temporary financial relief must serve these documents on the other party with the notice of temporary financial hearing. The responding party must either deliver the required documents to the party seeking temporary financial relief on or before 5:00 p.m., 2 business days before the hearing on temporary financial relief, or mail (postmark) them to the party seeking temporary financial relief 7 days before the hearing on temporary financial relief. Any documents that have already been served under the requirements for temporary or initial proceedings, do not need to be re-served again in the same proceeding. If a supplemental petition is filed, seeking modification, then the mandatory disclosure requirements begin again.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. A copy of this form must be mailed or hand delivered to any other party in your case.

What should I do next?

After you have provided the other party all of the financial information and documents and have filed this form certifying that you have complied with this rule, you are under a continuing duty to promptly give the other party any information or documents that change your financial status or that make the information already provided inaccurate. Refer to the instructions regarding the petition in your case to determine how you should proceed after filing this form.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information,. see rule 12.285, Florida Family Law Rules of Procedure.

Special notes ...

You imay provide copies of required documents; however, the originals must be produced for inspection if the other party requests to see them.

.Although the financial affidavits are based on individual gross income, either party may ask the other party to complete.the Family Law Financial Affidavit, Florida Family Law Form 12.901(e), by serving the appropriate interrogatory form (see Standard Family Law Interrogatories, % Florida Family Law Forms 12.930(b)(original proceedings) or (c) (modification proceedings).) Any portion of the mandatory disclosure rule may be modified by order of the judge or agreement of the parties. Therefore, you and your spouse may agree that you will not require each other to produce the documents required under the mandatory disclosure rule. This exception does not apply to the Financial Affidavit, % Florida Family Law Form 12.901(d) or (e), which is required in all cases and cannot be waived.

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 Form 12.900,- before he or she helps you. A non-lawyer 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. [*218] [*219] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.941(a), VERIFIED MOTION FOR TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES

When should this form be used?

You should use this form if you want the court to enter an order that your minor children) is (are) not to be removed from the State of Florida while a case involving the child(ren)’s custody is pending, that passport services for the minor children) be prohibited, and/or that existing passports be turned over to you.

This form should be typed or printed in black ink. If you want the court to enter an ex parte order, without giving the other side advance notice of the hearing, you should explain your reasons in paragraph 5 of this form. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where your case is pending and keep a copy for your records. You should also ask the clerk to process your motion though their emergency procedures. [*220] What should I do next?

If the court enters an order without advance notice to the other party, you should take a certified copy of the order to the sheriffs office for further assistance. You must have this form and the court’s order, served by personal service on the other party. You should read the court’s order carefully. Look for directions in the order that apply to you and note the time and place of the hearing scheduled in the order. You should go to the hearing with whatever evidence you have regarding your motion.

If the court will not enter an order without advance notice to the other side, you should check with the clerk of court, family law intake staff, or .judicial assistant for information on the local procedure for scheduling a hearing on your motion, unless the court sets a hearing in its order denying your request for an ex parte hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General), % Florida Family Law Form 12.923 or other appropriate notice of hearing form, and use personal service to notify the other party of your motion, the court’s order, if any, and the hearing.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see chapter 61, Florida Statutes, and rule 1.610, Florida Rules of Civil Procedure.

Special notes ...

If you have an attorney, your attorney must certify in writing the efforts that have been made to give the other party notice, if no notice is given.

The court may require you to post a bond as a condition of the injunction.

With this form you must also file the following, if you have not already done so, and provide a copy to the other party:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, % Florida Family Law Form 12.901(f).

Temporary Injunctions ... These family law forms contain a Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (Ex Parte), % Florida Family Law Form 12.941(b), which the judge may use if he or she enters an order without a hearing, and a Temporary Injunction to Prevent Removal of Minor Child(ren) and/or Denial of Passport Services (After Notice), Florida Family Law Form 12.941(c), which the judge may use if he or she enters an order after a hearing. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*221] [*222] [*223] [*224] [*225] [*226] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.941(d), MOTION TO MODIFY OR DISSOLVE TEMPORARY INJUNCTION

When should this form be used?

If a temporary injunction, either ex parte or after a hearing, has been entered against you, you may use this form to ask the court to modify or dissolve that injunction.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where the injunction was entered and keep a copy for your records. You should ask the clerk to process your motion through their emergency procedures. A hearing will be held within 5 working days. You should ask for the date and time of your hearing and should file Notice of Hearing (General), Florida Family Law Form 12.923 or other appropriate notice of hearing form, and send a copy to the other party.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party, along with a notice of hearing.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see chapter 61, Florida Statutes, and rule 1.610, Florida Rules of Civil Procedure.

Special notes ...

With this form -you must also file the following, if you have not already done so:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, ^ Florida Family Law Form 12.901(f), if the custody of a minor children) is at issue.

Order ... These family law forms contain an Order Dissolving Temporary Injunction, N Florida Family Law Form 12.941(e), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person [*227] must give you a copy of Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*228] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.942(a), MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM

When should this form be used?

This form may be used by either party in a family law case involving custody, parental responsibility, visitation, or paternity of a minor child(ren) to request that the judge appoint a guardian ad litem to represent the best interests of the minor child(ren). You should use this form if you feel that your children) needs someone other than you to ensure that both the judicial system and the other party (ies) act in the best interests of the ehild(ren). A guardian ad litem may be a volunteer who has been trained and certified by the State of Florida Guardian ad Litem Program or an attorney who is a member in good standing with The Florida Bar. This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your ease.

It is possible that there will be a hearing on your motion. The judge may want to hear the reasons you feel an appointment of a guardian ad litem is necessary, or, the other party may object to your- motion. If a hearing is required, cheek with the clerk of court, family law court staff, or judicial assistant for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropri [*229] ate notice of hearing form, and provide a copy to the other party.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. You may also want to contact the Guardian ad Litem Program office in your area or see sections 61.401-405, Florida Statutes.

Special notes ...

Order ... These family law forms contain an Order Appointing a Guardian ad Litem, Florida Family Law Form 12.942(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.'

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*230] [*231] [*232] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES

When should this form be used?

Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes. The court, at its discretion, may raise or lower the child support guidelines amount by up to 5%. In addition, the court may raise or lower the guidelines support amount by more than 5%, if written reasons are given for the adjustment. The court may make these additional adjustments based on certain considerations, which are reflected in this form. You should review this form to determine if any of the reasons for adjusting the child support guidelines amount apply to your situation and you should complete this form only if you want the court to order more child support or less child support than the amount required by the child support guidelines.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case. [*233] Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see section 61.30, Florida Statutes.

Special notes ...

More information on the child support guidelines as well as a chart for converting income and expenses to monthly amounts if paid or incurred on other than a monthly basis is contained in the instructions to Florida Family Law Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e), and the Child Support Guidelines Worksheet, Florida Family Law Form 12.901(g).

With this form you must also file the following, if not already filed:

• Florida Family Law Financial Affidavit, Florida Family Law Form 12.901(d) or (e).

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g). (If you do not know the other party’s income, you should file this worksheet as soon as you receive a copy of his or her financial affidavit.)

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 Form 12.900,- before he or she helps you. A non-lawyer 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. [*234] [*235] [*236] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.944(a), MOTION FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)

When should this form be used?

Rule 12.407, Florida Family Law Rules, provides that minor children may not be deposed (have their deposition taken) or brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court. This rule applies in all eases except when there is an emergency or the case is an uncontested adoption. You should use this form to request that the court enter an order authorizing a minor ehild(ren) to appear at a court proceeding.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to any other party(ies) in your ease, including the guardian ad litem, if one has been appointed.

It is possible that there will be a hearing on your motion. The judge may want to hear the reasons you feel this motion should be granted, or the other party may object to your motion. If a hearing is required, check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form, and provide a copy to any other party.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see rule 12.407, Florida Family Law Rules of 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 Form 12.900, before he or she helps you. A non-lawyer 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. [*237] [*238] [*239] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.945(a), EMERGEN- . CY VERIFIED MOTION FOR CHILD PICK-UP ORDER

When should this form be used?

You may use this form to request that the court enter an order directing the sheriff or other law enforcement officer to .take a minor children) from the person who currently has physical possession of the children) and deliver the children) to your physical custody. This form should only be used in an emergency by a person who has a pre-existing legal right to physical possession of a minor child. This means that you already have a court order awarding you legal custody of the child(ren) OR you are the birth mother of one or more children born out of wedlock and no court order has addressed any other person’s parental rights. Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms.

This form should be typed or printed in black ink. This form presumes that you want the court to enter an ex parte order without giving the other side advance notice of the hearing. You should explain your reasons for why such an ex parte order should be entered in paragraph 7 of this form. After completing this form, you should sign the form before a notary public. You should file the original, along with all of the other forms required, with the clerk of the circuit court in the county where the children) is (are) physically located and keep a copy for your records. You should also ask the clerk to process your motion though their emergency procedures.

What should I do next?

If the court enters an order without advance notice to the other party, you should take a certified copy of the order to the sheriffs office for further assistance. You must have this form and the court’s order served by personal service on the other party. You. should read the court’s order carefully. The order may require the sheriff to. place the child(ren) somewhere other than in your physical possession. Look for directions in the order that apply to you and note the time and place of the hearing scheduled in the order. You should go to the hearing with whatever evidence you have regarding your motion.

If the court will not enter an order without advance notice to the other side, you should cheek with the elerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing on your motion, unless the court sets a hearing in its order denying your request for an ex parte hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General), ^ Florida Family Law Form 12.923, and use personal service to notify the other party of your motion, the court’s order, if any, and the hearing.

Special notes ...

With this form you must also file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, ^ Florida Family Law Form 12.901(f).

• A certified copy of the court order showing that you have legal custody of the children), if any.

OR

A certified copy of the Child(ren)’so birth certificate, if you are the birth mother of a child born out of wedlock and no court order addressing paternity exists. [*240] OR A certified copy of any judgment establishing paternity or custody of the minor children).

Order ... These family law forms contain an Order to Pick-Up Minor Child(ren), % Florida Family Law Form 12.945(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*241] [*242] [*243] [*244] [*245] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.946(a), MOTION FOR CIVIL CONTEMPT/ENFORCEMENT

When should this form be used?

You may use this form to ask the court to enforce a prior court order or final judgment.

What should I do next?

To initiate a civil eontempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public. You should then file the original with the clerk of the circuit court in the county where your ease was filed and keep a copy for your records.

A copy of this form must be mailed or hand delivered to any other party(ies) in your case. The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. Once you know the time and date of the hearing, you will need to complete Notice of Hearing (General), Florida Family Law Form 12.923, or, if applicable, Notice of Hearing (Child Support Enforcement Hearing Officer), % Florida Family Law Form 12.921, or Order of Referral to General Master, Florida Family Law Form 12.920(b), which will specify a time and place for a hearing on the issue. A copy of this form must be mailed or hand delivered to the other party.

At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving the' other party has not obeyed a prior court order. Once noncompli- [*246] anee is established, the other party will have an opportunity to show an inability to comply with the prior court order. If he or she is unable to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit money, or costs, and coercive or compensatory fines, and may order any other relief permitted by law.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. See also section 61.14, Florida Statutes.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*247] [*248] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.947(a), MOTION FOR TEMPORARY SUPPORT WITH DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form may be used by:

(1) the respondent or the petitioner in a pending dissolution of marriage action. For you to use this form, a petition for dissolution of marriage must have already been filed. You should use this form to ask the court to award any of the following: temporary use of assets; temporary exclusive use of the marital home; temporary responsibility for liabilities/debts; temporary spousal support (alimony ); temporary custody of a minor children); temporary child support; and other relief.

OR (2) the petitioner in a pending action for support unconnected with a dissolution. For you to use this form, a petition for support unconnected with a dissolution of marriage must have already been filed. You should use this form to ask the court to award temporary spousal support (alimony) and/or temporary child support. This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition for dissolution of marriage was filed and keep a copy for your records.

What should I do next?

A copy of this form, along with all of the other forms required with this motion, must be mailed or hand delivered to the other party in your case. When you have filed all of the required forms, you are ready to set a hearing on your motion. You should check with the clerk, family law intake staff, or judicial assistant for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should notify the other party using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. Words in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes, rule 12.285, Florida Family Law Rules of Procedure, and rule 1.610, Florida Rules of Civil Procedure.

Special notes ...

If you use paragraph l.e. of this form to ask the court to enter a temporary injunction, the court may require you to post a bond.

With this form you must also file the following, if not already filed: [*249] • Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, Florida Family Law Form 12.901(f), if you are asking the court to determine temporary custody of minor child(ren).

• Notice of Social Security Number, Florida Family Law Form 12.901(j).

• Financial Affidavit, Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days if not filed at the time of the petition.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932.

• Child Support Guidelines Worksheet, % Florida Family Law Form 12.901(g), if you are asking that temporary child support be ordered. (If you do not know the other party’s income, you may file this worksheet as soon as a copy of his or her financial affidavit has been served on you.) Temporary Order ... These family law forms contain a Temporary Order for Support with Dependent or Minor Child(ren), Florida Family Law Form 12.947(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing.

Nonlawyer. 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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, 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. [*250] [*251] [*252] [*253] [*254] [*255] [*256] [*257] [*258] [*259] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.948(a), MOTION FOR TEMPORARY SUPPORT WITH NO DEPENDENT OR MINOR CHILD(REN)

When should this form be used?

This form may be used by:

(1) the respondent or the petitioner in a pending dissolution of marriage action. For you to use this form, a petition for dissolution of marriage must have already been filed. You should use this form to ask the court to award any of the following: temporary use of assets; temporary exclusive use of the marital home; temporary responsibility for liabilities/debts; temporary spousal support (alimony); and other relief.

OR (2) the petitioner in a pending action for support unconnected with a dissolution. For you to use this form, a petition for support unconnected with a dissolution of marriage must have already been filed. You should [*260] use this form to ask the court to award temporary spousal support (alimony).

This form should be typed or printed in black ink. After completing this form, you should file the original with the.clerk of the circuit court in the county where the petition for dissolution of marriage was filed and keep a copy for your records.

What should I do next?

A copy of this form, along with all of the other forms required with this motion, must be mailed or hand delivered to the other party in your case. When you have filed all of the required forms, you are ready to set a hearing on your motion. You should check with the clerk, family law intake staff, or judicial assistant for information on the local procedure for ' scheduling a hearing. When you know the date and time of your hearing, you should notify the other party using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. Words in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes, rule 12.285, Florida Family Law Rules of Procedure, and rule 1.610, Florida Rules of Civil Procedure.

Special notes ...

If you use paragraph l.c. of this form to ask the court to enter a temporary injunction, the court may require you to post a bond. With this form you must also file the following, if not already filed:

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days if not filed at the time of the petition.)

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932.

Temporary Order ... These family law forms contain a Temporary Order for Support with No Dependent or Minor Child(ren), Florida Family Law Form 12.948(b), which the judge may use. You should cheek with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing.

Nonlawyer. 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 a Disclosure from Nonlawyer, %> Florida Family Law Form 12.900, 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. [*261] [*262] [*263] [*264] [*265] [*266] [*267] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.980(a), AFFIDAVIT AND MOTION FOR WAIVER OF FEES FOR PETITION FOR INJUNCTION FOR PROTECTION

When should this form be used?

If you need to file a petition for an injunction for protection against domestic violence or repeat violence and you do not have enough money to pay filing fees to the clerk of the circuit court or service fees to the sheriff, you may use this form to request that the fees be waived. Later, the court will decide who, if anyone, should pay those fees.

This form should be typed or printed in black ink. You should complete the first section of this form, and sign it in front of a notary public or the clerk. You should then file the original of this form with your petition for injunction for protection. You should keep a copy for your records. If have any questions or need assistance completing this form, the clerk or family law intake staff will help you.

What should I do next?

A copy of this form must be mailed, faxed and mailed, or hand delivered to the respondent in your ease.

Special notes ...

With this form you will also need to file the following:

• Family Law Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). [*268] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.980(b), PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE

When should this form be used?

If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you can use this form to ask the court for a protective order prohibiting domestic violence. Because you are making a request to the court, you are called the petitioner. The person whom you are asking the court to protect you from is called the respondent. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or household members who are residing in the same single dwelling unit with petitioner. The domestic violence laws only apply to your situation if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your children), whether or not you have ever been married or ever lived together. If the respondent is not one of the above, you should look at Petition for Injunction for Protection Against Repeat Violence, % Florida Family Law Form 12.980(g), to determine if your situation will qualify for an injunction for protection against repeat violence.

If you are under the age of eighteen and you have never been married or had the disabilities of nonage removed by a court, then one of your parents or your legal guardian must sign this petition with you. [*269] This form should be typed or printed in black ink. You should complete this form (giving as much detail as possible) and sign it in front of a notary public or the clerk of the circuit court in the county were you live. The clerk will take your completed petition to a judge. You should keep a copy for your records. If have any questions or need assistance completing this form, the clerk or family law intake staff will help you.

What should I do if the judge grants my petition?

If the facts contained in your petition convince the judge that you are a victim of domestic violence or that an imminent danger of domestic violence exists, the judge will sign an immediate Temporary Injunction for Protection Against Domestic Violence, % Florida Family Law Form 12.980(d). A temporary injunction is issued without notice to the respondent. The clerk will give your petition, the temporary injunction, and any other papers filed with your petition to the sheriff or other law enforcement officer for personal service on the respondent. The temporary injunction will take effect immediately after the respondent is served with a copy of it. It lasts until a full hearing can be held or for a period of 15 days, whichever comes first. The court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on the respondent.

The temporary injunction is issued “ex parte.” This means that the judge has considered only the information presented by one side — YOU. The temporary injunction gives a date that you should appear in court for a hearing. At that hearing, you will be expected to testify about the facts in your petition. The respondent will be given the opportunity to testify at this hearing, also. At the hearing, the judge will decide whether to issue a Final Judgment of Injunction for Protection Against Domestic Violence, % Florida Family Law Form 12.980(e), which will remain in effect for a specific time period or until modified or dissolved by the court. If you and/or the respondent do not appear, the temporary injunction may be continued in force, extended, or dismissed, and/or additional orders may be granted, including the imposition of court costs.

If the judge signs a temporary or final injunction, the clerk will provide you with the necessary copies. Make sure that you keep one certified copy of the injunction with you at all times!

What can I do if the judge denies my petition?

If your petition is denied on the grounds that it appears to the court that no imminent danger of domestic violence exists, the court will set a full hearing, at the earliest possible time, on your petition. The respondent will be notified by personal service of your petition and the hearing. If your petition is denied, you may: amend your petition by filing a Supplemental Affidavit in Support of Petition for Injunction for Protection, Florida Family Law Form 12.980(h); attend the hearing and present facts that support your petition; and/or dismiss' your petition.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” are defined in in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary domestic violence forms and can give you information about local domestic violence victim assistance programs, shelters, and other related services. You may also call the Domestic Violence Hotline at 1-800-500-1119. For further information, see chapter 741, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure.

Special notes ...

With this form you may also need to file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, % Florida Family Law Form 12.901(f), must be completed and filed if you are asking the court to determine issues of temporary [*270] custody or visitation with regards to a minor child.

• Notice of Social Security Number, ^ Florida Family Law Form 12.901(j), must be completed and filed if you.are asking the court to determine issues of temporary child support.

• Family Law Financial Affidavit, ^ Florida Family Law Form 12.901(d) or (e), must be completed and filed if you are seeking temporary alimony or temporary child support.

Additionally, if you fear that disclosing your address to the respondent would put you in danger, you should complete Petitioner’s Request for Confidential Filing of Address, Florida Family Law Form 12.980(i), and file it with the clerk of the circuit court and write “confidential” in the space provided on the petition. [*271] [*272] [*273] [*274] [*275] [*276] [*277] [*278] [*279] [*280] [*281] [*282] [*283] [*284] [*285] [*286] [*287] [*288] [*289] [*290] [*291] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.980(g), PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE

When should this form be used?

If you or a member of your immediate family are a victim of repeat violence, you can use this form to ask the court for a protective order prohibiting repeat violence. Repeat violence means that two incidents of violence have been committed against you pr a member of your immediate family by another person, one of which must have been within 6 months of filing this petition. Repeat violence includes assault, battery, sexual battery, or stalking. Because you are making a request to the court, you are called the petitioner. The person whom you are asking the court to protect you from is called the respondent.

If the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your [*292] child(ren), whether or not you have ever been married or ever lived together, you should use Petition for Injunction for Protection Against Domestic Violence, Florida Family Law Formi.2.980(b), rather than this form.

If you are under the age of eighteen and have never been married or had the disabilities of nonage removed by a court, one of your parents or your legal guardian must sign this petition with you.

This form should be typed or printed in black ink. You should complete this form (giving as much detail as possible) and sign it the presence of a notary or in front of the clerk of the circuit court in the county were you live. The clerk will take your completed petition to a .judge. You should keep a copy for your records. If have any questions or need assistance completing this form, the clerk or family law intake staff will help you.

What should I do if the judge grants my petition?

If the facts contained in your petition convince the judge that you or a member of your immediate family are a victim of repeat violence and that an immediate and present danger of repeat violence to you or that family exists, the judge will sign a Temporary Injunction for Protection Against Repeat Violence, % Florida Family Law Form 12.980(i). A temporary injunction is issued without notice to the respondent. The clerk will give your petition, the temporary injunction, and any other papers filed with your petition to the sheriff or "other law enforcement officer for personal service on the respondent. The temporary injunction will take effect immediately after the respondent is served with a copy of it. It lasts until a full hearing can be held or for a period of 15 days, whichever comes first. The court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on the respondent. The temporary injunction is issued “ex parté.” This means that the judge has considered only the information presented by one side — YOU. Section I of the temporary injunction gives a date that you should appear in court for a hearing. You will be expected to testify about the facts in your petition. The respondent will be given the opportunity to testify at this hearing, also. At the hearing, the judge will decide whether to issue a Final Judgment of Injunction for Protection Against Repeat Violence, Florida Family Law Form 12.980(m), which will remain in effect for a specific time period or until modified or dissolved by the court. If you and/or the respondent do not appear, the temporary injunction may be continued in force, extended, or dismissed, and/or additional orders may be granted, including the imposition of court costs.

If the judge signs a temporary or final injunction, the clerk will provide you with the necessary copies. Make sure that you keep one certified copy of the injunction with you at all times!

What can I do if the judge denies my petition?

If your petition is denied on the grounds that it appears to the court that no immediate and present danger of repeat violence exists, the court will set a full hearing on your petition. The respondent will be notified by personal service of your petition and the hearing. If your petition is denied, you may: amend your petition by filing a Supplemental Affidavit in Support of Petition for Injunction for Protection, ^ Florida Family Law Form 12.980(h); attend the hearing and present facts that support your petition; and/or dismiss your petition.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” are defined in that section. The clérk of the circuit court or family law intake staff will help you complete any necessary forms. For further information, see section 784.04'6, Florida Statutes, and rule 12.610, Florida Family Law Rules of Procedure. [*293] [*294] [*295] [*296] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.980(h), SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION FOR PROTECTION

When should this form be used?

You may use this form if your Petition for Injunction for Protection Against Domestic Violence, % Florida Family Law Form 12.980(b), or your Petition for Injunction for Protection Against Repeat Violence, Florida Family Law Form 12.980(g), was denied by the judge. You should use this supplemental affidavit to add facts or clarify the facts you wrote in your original petition. For a domestic violence case, you should include FACTS that establish that you have been a victim of violence or are in imminent danger of becoming a victim of violence from the respondent. For a repeat violence case, you should include FACTS that establish that you or a member of your immediate family have or has been a victim of at least two prior incidents of violence, that one of those incidents occurred within the last six months and that there is an immediate and present risk of danger to you or a member of your immediate family.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or the clerk of the circuit court. You should then file the original with the clerk in the county where the petition was filed and keep a copy for your records.

What should I do next?

After you complete this supplemental affidavit, the clerk will attach it to your original petition and all the documents will be submitted to the judge as your “Amended Petition.” [*297] [*298] [*299] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.980(j), SUPPLEMENTAL PETITION FOR EXTENSION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE OR REPEAT VIOLENCE

When should this form be used?

If you are the petitioner on a previously entered injunction for protection against domestic violence or repeat violence and that injunction will soon expire, you may use this form to request that the court extend the injunction. You must file a petition for extension BEFORE the previously entered order expires.

This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or the clerk of the circuit court. You should then file the original with the clerk in the county where the petition was filed and keep a copy for your records. If you have any questions or need assistance completing this form, the clerk or family law intake staff will help you.

What should I do next?

For your ease to proceed, you will need to set a hearing on your petition. You must properly notify the other party of the petition and hearing. You should check with the clerk of court for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should file Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form. You will need to use personal service to deliver a copy of your petition and Notice of Hearing to the respondent.

You will need to appear at the hearing on your petition. After the hearing, if the judge grants your petition, he or she will prepare an Order Extending Injunction for Protection Against Domestic Violence of Repeat Violence, % Florida Family Law Form 12.980(n). After the judge signs the order, the clerk will provide you with the necessary copies. Make sure that you keep a certified copy of the previously entered injunction AND a certified copy of the order extending that injunction with you at all times.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” are defined in in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary domestic or repeat violence forms and will answer any question that you may have.

Special notes ...

With this form you may also file the following:

• Petitioner’s Request for Confidential Filing of Address, % Florida Family Law Form 12.980(Z), if your petition is for protection against domestic violence and you wish to keep your address confidential. [*300] [*301] [*302] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.980(k), SUPPLEMENTAL PETITION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE OR REPEAT VIOLENCE

When should this form be used?

This form may be used if you are a party to a previously entered injunction for protection against domestic violence or repeat violence and you want the court to modify the terms of the injunction.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or the clerk of the circuit court. You should then file the original with the clerk in the county where the original petition was filed and keep a copy for your records. You must file a petition for modification before the previously entered order expires. If you have any questions or need assistance completing this form, the clerk or family law intake staff will help you.

What should I do next?

For your case to proceed, you will need to set a hearing on your petition. You must properly notify the other party of the petition and hearing. You should cheek with the clerk of court for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing,. you should file Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form. You will need to use personal service to deliver a copy of your petition and the Notice of Hearing to the respondent.

You will need to appear at a hearing on your petition for modification of injunction. After the hearing, if the judge grants your supplemental petition, he or she will prepare a new injunction for protection that contains the modifications. After the judge signs the new injunction, the clerk will provide you with the necessary copies. Make sure that you keep a certified copy of the new injunction with you at all times!

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” are defined in in that section. The clerk of the circuit court or family law intake staff will help you complete any necessary domestic or repeat violence forms and will answer any question that you may have.

Special notes ...

If the injunction you are seeking to modify is for domestic violence and you want the court to modify alimony, custody of a minor child(ren), or child support, you must establish that there has been a substantial change in circumstance(s) that requires this (these) modification(s). Be sure that you make these substantial change(s) clear in your supplemental petition.

With this form you may also file the following:

• Petitioner’s Request for Confidential Filing of Address, Florida Family Law Form 12.980(i), if your petition is for domestic violence and you wish to keep your address confidential.

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, Florida Family Law Form 12.901(f), must be completed and attached if the modification(s) you are seeking involve temporary custody of any minor child(ren). [*303] Financial Affidavit, Florida Family Law Form 12.901(d) or (e), must be completed and attached if the modification(s) you are seeking involves temporary alimony or temporary child support. [*304] [*305] [*306] may be continued in force, extended, or dismissed, and/or additional orders may be granted, including the imposition of court costs. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact { name } _, { address }_, {telephone }_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771. SECTION II. FINDINGS The statements made under oath by Petitioner make it appear that section 784.046, Florida Statutes, applies to the parties, that Petitioner is a victim of repeat violence and that an immediate and present danger exists to Petitioner or to a member of Petitioner’s immediate family. SECTION III. TEMPORARY INJUNCTION AND TERMS This injunction shall be effective until the hearing set above and in no event for longer than 15 days, unless extended by court order. This injunction is valid and enforceable in all counties of the State of Florida. The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction. Any party violating this injunction may be subject to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment, and also may be charged with a crime punishable by a fine, jail, or both, as provided by Florida Statutes. ORDERED and ADJUDGED: 1. Violence Prohibited. Respondent shall not commit, or cause any other person to commit, any acts of violence against Petitioner, including assault, battery, sexual battery, or stalking. 2. No Contact. Unless otherwise provided herein, Respondent shall have no contact with Petitioner. Respondent shall not directly or indirectly contact Petitioner in person, by mail, e-mail, fax, telephone, through another person, or in any other manner. Unless otherwise provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner’s current residence {list address } _ or any residence to which Petitioner may move; Petitioner’s current or any subsequent place of employment {list address of current employment} _ or place where Petitioner attends school {list address of school} _; or the following other places (if requested by Petitioner) where Petitioner or Petitioner’s minor child(ren) go often: _ [Initial if applies; Write N/A if not applicable] — Petitioner and Respondent are employed by the same employer, work at the same physical location, or attend the same school. Accordingly, the following restrictions shall apply: _ [*307] [*308] [*309] [*310] [*311] [*312] [*313] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.981(a)(1), JOINT PETITION FOR ADOPTION BY STEPPARENT

When should this form be used?

This form should be used when a stepparent is adopting his or her spouse’s biological child. Both the stepparent and his or her spouse must sign this petition. In addition, you must obtain the written consent of the other birth parent or notify him or her of this proceeding. You must also obtain the written consent of the child, if he or she is 12 years of age or older. This form should be typed or printed in black ink. The name to be given to the child(ren) after the adoption should be used in the heading of the petition. The stepparent is the petitioner, because he or she is the one who is asking the court for legal action. After completing this form, you and your spouse must sign it before a notary public. You should then file the original and 1 copy with the clerk of the circuit court in the county where either you or the child live and keep a copy for your records. [*314] What should I do next?

For your case to proceed, you must have the written consent of the other birth parent or properly notify him or her of the petition and hearing. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer the “General Instructions for Pro Se Litigants” found at the beginning of these forms and the instructions to Florida Family Law Forms 12.910(a) and 12.913(a) and (b). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

The court may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section 63.072, Florida Statutes.

When you have filed all of the required forms and met the requirements for consent as outlined above, you are ready to set a hearing on your petition. You should check with the clerk of court, family law intake staff or the judicial assistant to set a final hearing. Notice of Hearing (General), Florida Family Law Form 12.923, along with a copy of the petition, must be mailed or hand delivered to all of the following:

• anyone from whom consent is required if they did not give consent, or if they gave consent but later withdrew it.

• any grandparent who already has court-ordered visitation rights.

• a birth father whose consent is not required, by order of the court.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. See chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for further information.

Special notes ...

With this petition you must file the following:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, % Florida Family Law Form 12.901(f).

• Stepparent Adoption: Consent of Adop-tee, Florida Family Law Form 12.981(b), if the child to be adopted is 12 years of age or older. • Stepparent Adoption: Consent and Waiver by Parent, Florida Family Law Form 12.981(c)(1), if obtainable.

• Certified copy of noncustodial birth parent’s death certificate, if that parent is deceased

• Certified copy of child’s birth certificate.

These family law forms contain a Final Judgment of Stepparent Adoption, Florida Family Law Form 12.981(g), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment form with you to the hearing. If so, you should type or print the heading, including the circuit, county case number, division, and the child(ren)’s names, and leave the rest blank for the judge to complete at your hearing.

You should decide how many certified copies of the final judgment you will need and be prepared to obtain them after the hearing. There is a charge for certified copies, and the clerk can tell you how much. The file will be sealed after the final hearing, and then it will take an order from a judge to open the file and obtain a copy of the final judgment.

AS AN ADOPTIVE STEPPARENT, YOU MAY BE LIABLE FOR CHILD SUPPORT IN THE EVENT OF A LATER DIVORCE AND COULD BE LIABLE IN LITIGATION FOR THE ACTIONS OF THE ADOPTEE(S). THIS ADOPTION MAY ALSO AFFECT THE ADOPTEE’S INHERITANCE.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last [*315] page of every form he or she helps you complete. [*316] [*317] [*318] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.981(a)(2), PETITION FOR ADOPTION OF ADULT BY STEPPARENT

When should this form be used?

This form should be used when a stepparent is adopting his or her spouse’s adult child. You must obtain the written consent of the adult child to be adopted, as well as the written consent of his or her birth parents and spouse (if married).

This form should be typed or printed in black ink. The name to be given to the adoptee after the adoption should be used in the heading of the petition. The stepparent is the petitioner, because he or she is the one who is asking the court for legal action. You must have your signature witnessed by a notary public.

After completing this form, you should file the original with the clerk of the circuit court in the county where either you or the adoptee live and keep a copy for your records.

What should I do next?

For your case to proceed, you must have the written consent of the adoptee, his or her spouse if married, and the birth parents or properly notify each of them of the petition and hearing. If yo.u know where they live, you must use personal service. If you absolutely do not know where they live, you may use constructive service. For more information about personal and constructive service, you should refer the “General Instructions for Pro Se Litigants” found at the beginning of these forms and the instructions to Florida Family Law Forms 12.910(a) and 12.913(a) and (b). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

The court may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section 63.072, Florida Statutes.

When you have filed all of the required forms and met the requirements for consent as [*319] outlined above, you are ready to set a hearing on your petition. You should cheek with the clerk of court, family law intake staff, or judicial assistant to set a final hearing, and notify the other party(ies) using a Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. See chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for further information.

Special notes ...

With this petition you must file the following;,

• Stepparent Adoption: Consent of Adop-tee, % Florida Family Law Form 12.981(b)

• Stepparent Adoption: Consent of Adult Adoptee’s Spouse, % Florida Family ¡, Law Form 12.981(c)(2)

• Stepparent Adoption: Consent of Adult Adoptee’s Birth Parents, ^ Florida Family Law Form 12.981(e)(3), if obtainable

• Certified copy of Adoptee’s Birth Parents’ death certificates, if deceased.

THIS ADOPTION MAY AFFECT THE ADOPTEE’S INHERITANCE.

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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*320] [*321] [*322] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.981(c)(1), STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT

When should this form be used?

This form is to be completed and signed by the birth parent who is giving up all rights to and custody of the child to be adopted.

It must be signed in the presence of a notary public and two witnesses other than the notary. You should file this form with the petition for adoption.

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the people identified in the instructions for Joint Petition for Stepparent Adoption, Florida Family Law Form 12.981(a).

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*323] [*324] [*325] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.981(c)(3), STEPPARENT ADOPTION: CONSENT OF ADULT ADOPTEE’S BIRTH PARENTS

When should this form be used?

This form must be completed by the birth parents of an adult who is being adopted.

This form should be typed or printed in black ink. After completing this form, the birth parents of the adoptee should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*326] [*327] [*328] [*329] [*330] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.981(e), PETITION FOR ADOPTION INFORMATION

When should this form be used?

This form is used to request release of relevant medical or social information on an adoptee. You cannot use this form to find out the identity of birth parent(s).

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the adoption took place and keep a copy for your records.

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 Form 12.900, before he or she helps you. A non-lawyer 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. [*331] [*332] [*333] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.982(a), PETITION FOR CHANGE OF NAME (ADULT)

When should this form be used?

This form should be used when an adult wants the court to change his or her name. This form is not to be used in connection with a divorce action. If you want a change of name because of a dissolution of marriage that is not yet final, the change of name should be done as part of that case.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

Next, you must obtain a hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the final hearing. Included in these forms is a Final Judgment of Change of Name (Adult), Florida Family Law Form 12.982(b), which the judge may use. You should check with the clerk, family law- intake staff, or judicial assistant, to see if you need to bring a final judgment form with you. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial. [*334] If the judge grants your petition, he or she will sign this order. This officially changes your name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.

Special notes ...

The heading of the form calls for the name of the petitioner. Your current name should go there, as you are the one who is asking the court for something. The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and/or places that will need a copy of your final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.

Remember, a person who is NOT an attorney is called a nonlawyep. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*335] [*336] [*337] [*338] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.982(e), PETITION FOR CHANGE OF NAME (MINOR CHILD)

When should this form be used?

This form should be used when parents want the court to change the name of their minor children). For the purposes of this proceeding, a person under the age of 18 is a minor. This form is not to be used in connection with an adoption or paternity action. If you want a change of name for your children) because of an adoption or paternity action that is not yet final, the change of name should be done as part of that case.

This form should be typed or printed in black ink. The primary petition should only be completed for one child. If you wish to change the names of more than one child, you should complete and file a Supplemental Form for Petition for Change of Name (Minor Child) for each child. The supplemental form is an attachment to the petition. Be sure that the bottom of each page of each supplemental form is initialed by the petitioners). After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

If both parents agree to the change of name and live in the county where the change of name is sought, you may both file as petitioners. In this situation, service is not necessary, and you need only to set a hearing. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing.

If only one parent is a resident of the county where the change of name(s) is sought or only one parent asks for the child(ren)’s name(s) to be changed, the other parent must be notified and his or her consent obtained, if possible. If the other parent consents to the change of name, a Consent for Change of Name (Minor Child), % Florida Family Law Form 12.982(d), should be filed.

If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer the “General Instructions for Pro Se Litigants” found at the beginning of these forms and the instructions to Florida Family Law Forms 12.910(a) and 12.913(a) and (b). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You [*339] may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Minor Child), ^ Florida Family Law Form 12.982(e), which may be used when a judge grants a change of name for a minor ehild(ren). If you attend the hearing, you should take the final judgment with you. You should complete the top part of the form, including the circuit, county, case number, division, and the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.

If the judge grants your petition, he or she will sign this order. This officially changes your ehild(ren)’s name(s). The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.

Special notes ...

The heading of the form calls for the name(s) of the petitioner (s). This is the parent(s) who is (are) requesting the change of their child(ren)’s name(s). The judicial circuit, ease number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver’s license office,, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after- your hearing.

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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*340] [*341] [*342] [*343] [*344] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.982(d), CONSENT FOR CHANGE OF NAME (MINOR CHILD(REN))

When should this form be used?

This form should be used when one parent consents to the other parent’s petition to change the name of their minor child(ren). A parent who is not a petitioner in the case but is consenting to the change of name should complete this form and sign it in front of a notary public.

This form should be typed or printed in black ink. After this form is signed and notarized, it should be filed with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. This form should be attached to the Petition for Change of Name (Minor Child), Florida Family Law Form 12.982(c), if obtained prior to the filing of the petition. Otherwise, it may be filed separately after it has been completed.

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information see section 68.07, Florida Statutes, and the instructions for Petition for Change of Name (Minor Child), % Florida Family Law Form 12.982(c), or Petition for Change of Name (Family), Florida Family Law Form 12.982(f).

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*345] [*346] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.982(f), PETITION FOR CHANGE OF NAME (FAMILY)

When should this form be used?

This form should be used when a family wants the court to change its name. This form is not to be used in connection with a divorce, paternity, or adoption action. If you want a change of name because of a dissolution of marriage, paternity, or adoption action that is not yet final, the change of name should be done as part of that case.

This form should be typed or printed in black ink. The petition should only be completed for one adult. If you wish to change the name(s) of another adult and/or children), you should complete and file a Supplemental Form for Petition for Change of Name (Family) for each additional family member and file the supplemental form(s) as an attachment to the petition. Be sure that the bottom of each child’s supplemental form is initialed. After completing this form, it should be signed before a notary public. You should then file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

If any of the children for whom you are requesting this change of name are not the legal children of both adults filing this petition, you must obtain the consent of the legal parent(s). A parent not named as a petitioner in this action may consent by submitting a Consent for Change of Name (Minor Child), ^ Florida Family Law Form 12.982(d).

If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer the “General Instructions for Pro Se Litigants” found at the beginning of these forms and the instruc [*347] tions to Florida Family Law Forms 12.910(a) and 12.913(a) and (b). The law on constructive service is very complex and you may wish to consult an attorney regarding constructive service.

Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Family), ^ Florida Family Law Form 12.982(g), which may be used when a judge grants a change of name for a family. If you attend the hearing, you should take the final judgment form with you. You should complete the top part of this form, including the circuit, county, case number, division, the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.

If the judge grants your petition, he or she will sign this order. This officially changes your family’s name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see section 68.07, Florida Statutes. .

Special Notes ...

The heading of the form calls for the name(s) of the petitioner (s). This is the parent(s) who are requesting the change of their family’s name(s). The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver’s -license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*348] [*349] [*350] [*351] [*352] [*353] [*354] [*355] [*356] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(a), PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

When should this form be used?

This form should be used by a birth mother or father to ask the court to establish paternity, custody, visitation, and/or child support of a minor child or children. This means that you are trying to legally establish who is the father of the child(ren).

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next?

For your case to proceed, you must properly notify the respondent of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. However, if constructive service is used, the court may only grant limited relief. You should seek legal advice [*357] on constructive service in a paternity case. For more information see chapter 49, Florida Statutes, or you may contact Child Support Enforcement at the Florida Department of Revenue if you need assistance with your case.

If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT ... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED ... If the respondent files an answer -that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of. the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), % Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If the respondent files an answer or an answer and counterpetition, which disagrees.with or.denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Family Law Form 12.924, after you have complied with mandatory disclosure, completed the scientific paternity testing, if necessary, and filed all of the required papers. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counter-petition, you should answer the eounterpetition within 20 days using an Answer to Counterpetition, Florida Family Law Form 12.983(d).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 742, Florida Statutes.

Special notes ...

More than one child of the same alleged father may be listed on a single petition. However, if you are filing a paternity action involving more than one possible father, a separate petition must be filed for each alleged father. If the respondent files an answer denying that the person named in the petition is the child(ren)’s father, one of you should file a Motion for Scientific Paternity Testing, Florida Family Law Form 12.983(e). This is used to ask the court to order a scientific test to determine who is the child(ren)’s father. If the father signed papers at the hospital acknowledging that he was the father, paternity was established as a matter of law. This should- be checked on page 2, section 9a on this form.

If the paternity of a child who was conceived or born during a marriage is at issue, the court may appoint a guardian ad litem to assist the court in this 'matter and to protect the rights of child.

With this petition, you must file the following and provide a copy to the other party:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, Florida Family Law Form 12.901(f).

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Financial Affidavit, Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days if not filed with the petition.)

• Certificate of Compliance with Mandatory Disclosure, -% Florida Family Law Form 12.932. (This must be filed within 45 days, if not filed with the petition, unless you and the other party [*358] have agreed not to exchange these documents.)

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g). (If you do not know the other party’s - income, you may file this worksheet after his or her financial affidavit has been filed.)

• Affidavit of Indigency, ^ Florida Family Law Form 12.901(c), if you are requesting that filing fees be waived.

Child Custody ... The judge will decide the parenting arrangements based on the ehild(ren)’s best interests. Regardless of whether there is an agreement between the parties, the court reserves jurisdiction to modify issues relating to minor or dependent child(ren).

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the children) are being served. For more information, you may consult sections 61.401-61.405, Florida Statutes.

Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary residence

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No Contact

Many circuits require that parents of a minor or dependent child(ren) who are involved in divorce or paternity actions attend a parenting course and/or mediation before being allowed to schedule a final hearing. You should check with your local clerk of court’s office, family law intake staff, or judicial assistant for more information on the parenting course and mediation requirements in your area.

Child Support ... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.

If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account- the financial contributions of both parents. You should file a financial affidavit, and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid. Because the child support guidelines take several factors into consideration, change over- time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Final Judgments ... These family law forms contain a Final Judgment of Paternity, ^ Florida Family Law Form 12.983(g), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type dr print the heading, including the circuit, county, ease number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last [*359] page of every form he or she helps you complete. [*360] [*361] [*362] [*363] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(b), ANSWER TO PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

When should this form be used?

This form should be used when you are responding to a petition to determine paternity. You may use this form to admit or deny the allegations contained in the petition. However, if you wish to ask the court for things not included in the petition, such as custody, visitation, or child support, you should file an Answer to Petition and Counterpetition to Determine Paternity and for Related Relief, Florida Family Law Form 12.983(c).

This form should be typed or printed in black ink. After completing this form, you should sign this form before a notary public. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

If you deny that the person named in the petition is the ehild(ren)’s father, a Motion for Scientific Paternity Testing, % Florida Family Law Form 12.983(e), should be filed. This is used to ask the court to order a scientific test to determine who is the child(ren)’s father. You have 20 days to file an answer to the other party’s petition. A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED ... This case is uneon-tested if you and the petitioner agree on all issues raised in the petition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... This case is contested if you and the other party disagree on any issues raised in the petition. If you are unable to settle the disputed issuer, either party may file a Notice for Trial, Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 742, Florida Statutes.

Special notes ...

With this answer, you must file the following and provide a copy to the other party:

• Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, % Florida Family Law Form 12.901(f).

• Notice of Social Security Number, '% Florida Family Law Form 12.901(j).

• Financial Affidavit, % Florida Family Law Form 12.901(d) or (e). (This must [*364] be filed within 45 days of the service of the petition on you, if not filed at the time you file this answer.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932. (This must be filed within 45 days of the service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

• Child Support Guidelines Worksheet, % Florida Family Law Form 12.901(g). (If you do not know the other party’s income, you may file this form after the other party files his or her financial affidavit.)

Many circuits require completion of a parenting course or mediation before being allowed to schedule a final hearing. You should check with your local clerk, family law intake staff, or judicial assistant for more information on the parenting course and mediation requirements in your area.

Child Custody ... The judge will decide the parenting arrangements based on the child(ren)’s best interests. Regardless of whether there is an agreement between the parties, the court reserves jurisdiction to modify issues relating to minor child(ren).

The judge may request a parenting evaluation or appoint a guardian ad litem in your ease. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is being served.' For more information, you may consult sections 61.401-61.405, Florida Statutes.

Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary residence

• Secondary Residential Responsibility

• Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support ... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the children) to the other parent.

If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You should file a financial affidavit, and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid. Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Final Judgments ... These family law forms contain a Final Judgment of Paternity, P Florida Family Law Form Í2.983(g), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer helping you fill out these forms also must put his or her name, address, and [*365] telephone number on the bottom of the last page of every form he or she helps you complete. [*366] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(c), ANSWER TO PETITION AND COUNTERPETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

When should this form be used?

This form should be used when you are responding to a petition to determine paternity and asking the court for something different than what was in the petition, such as custody, visitation, and child support. The answer is used to admit or deny the allegations contained in the petition, and the coun-terpetition is used to ask for whatever you want the court to do for you. The other party has 20 days to answer your counterpet-ition after being served with your counter-petition.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

You have 20 days to file an answer or answer and counterpetition to the other party’s petition. A copy of this form, along with all of the other forms required with this answer and counterpetition, must be mailed or hand delivered to the other party in your case. If you deny that the person named in the petition is the child(ren)’s father, a Motion for Scientific Paternity Testing, % Florida Family Law Form 12.983(e), should be filed. This is used to ask the court to order a scientific test to determine who is the child(ren)’s father. After you file an answer and counterpetition, the case will then generally proceed as follows: [*367] UNCONTESTED ... This ease is uncontested if you and the other party agree on all issues raised in the petition and the counter-' petition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), ’ Florida Family' Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... This case is contested if you and the other party disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, ^ Florida Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” for some basic information. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 742, Florida Statutes.

Special notes ...

If the child(ren)’s father signed papers at the hospital acknowledging that he was the father, paternity was established as a matter of law. This should be checked on page 2, section 9a of the counterpetition part of this form.

With this answer, you must file the following:

• Uniform Child Custody Jurisdiction Act Affidavit, % Florida Family Law Form 12.901(f).

• Notice of Social Security Number, % Florida Family Law Form 12.901(j).

• Financial Affidavit, Florida Family Law Form 12.901(d) or (e). (This must be filed within 45 days of service of the petition on you if not filed with this answer.)

• Certificate of Compliance with Mandatory Disclosure, Florida Family Law Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed with this answer, unless you and the other party have agreed not to exchange these documents.)

• Child Support Guidelines Worksheet, ^ Florida Family Law Form 12.901(g). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been filed.) '

Many jurisdictions may require the completion of a parenting course or mediation before a final hearing may be set. You should contact the office of yqur local clerk of court, family law intake staff, or the judicial assistant about requirements for parenting courses or mediation where you live.

Child Custody . 1. The judge will decide the parenting arrangements • based on the child(ren)’s best interests. Regardless of whether there is an agreement between the parties, the court reserves jurisdiction to modify issues relating to minor child(ren).

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the children) is being served. For more information, you may consult section 61.401-61.405, Florida Statutes.

Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. • Shared Parental Responsibility

• Sole Parental Responsibility

• Rotating Custody

• Primary residence

• Secondary Residential Responsibility [*368] • Reasonable visitation

• Specified visitation

• Supervised visitation

• No contact

Child Support ... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)’s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.

If you are requesting custody or primary residential responsibility for one or more children, you should request child support in' your petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You should file a financial affidavit, and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid. Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Final Judgments ... These family law forms contain a Final Judgment of Paternity, % Florida Family Law Form 12.983(g), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at 'your hearing or trial.

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 a Disclosure from Nonlawyer, % Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*369] [*370] [*371] [*372] [*373] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(d), ANSWER TO COUNTERPETITION

When should this form be used?

This form may be used by a petitioner to respond to the respondent’s counterpetition in a paternity case. You may use this form to admit or deny the allegations contained in the respondent’s counterpetition.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case.

If the respondent has denied that the person named in the petition is the father of the child(ren) and requested a scientific paternity test, you must now wait until the test is complete. You should then proceed according to the instructions in Petition to Determine Paternity and for Related Relief, % O Florida Family Law Form 12.983(a).

Where can I look for more information?

Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 742, Florida Statutes.

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 a Disclosure from Nonlawyer, Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*374] INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.983(e), MOTION FOR SCIENTIFIC PATERNITY TESTING

When should this form be used?

This form should be used when the mother or alleged father wants the court to order a scientific paternity test to determine the paternity of a minor child(ren).

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. [*375] What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case. When you have filed this motion, you are ready to set a hearing on this motion. You should check with the clerk, family law intake staff, or judicial assistant for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should file a Notice of Hearing (General), ^ Florida Family Law Form 12.923, or other appropriate notice of hearing form. A copy of this motion and the Notice of Hearing must be mailed or hand delivered to the other party in your case.

Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 742, Florida Statutes.

Special notes ...

These family law forms contain an Order on Motion for Scientific Paternity Testing, % Florida Family Law Form 12.983(f), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

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 a Disclosure from Nonlawyer, ^ Florida Family Law Form 12.900, before he or she helps you. A non-lawyer 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. [*376] [*377] [*378] [*379] [*380] [*381] [*382] [*383] [*384] [*385] [*386] [*387] [*388] [*389] [*390] [*391] [*392] [*393] [*394] [*395] [*396] [*397] [*398] [*399] [*400] [*401] [*402] [*403] [*404] [*405] [*406] [*407] [*408] [*409] [*410] [*411] [*412] [*413] [*414] [*415] [*416] [*417] [*418] [*419] [*420] [*421] [*422] [*423] [*424] [*425] 1

. The rules and steering committees are in disagreement as to the financial affidavit forms to be used. We have amended the financial affidavit forms after reviewing comments from both committees.