Opinion
No. 84337.
November 22, 1995.
John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, Florida; and Michael L. Hastings, Chairperson, Family Law Rules Committee, Hastings Estreicher, P.A., St. Petersburg, Florida, for Petitioner.
Steven H. Preston of Gurney Handley, P.A., Orlando, Florida; Henry P. Trawick, Jr. of the Law Offices of Trawick, Valentine Hagan, P.A., Sarasota, Florida; Honorable E. Earle Zehmer, Chief Judge, First District Court of Appeal, Tallahassee, Florida; Cynthia B. Glazier, Program Attorney, State of Florida Guardian Ad Litem Program, Fourth Judicial Circuit, Jacksonville, Florida; Beth E. Spiegel, North Miami Beach, Florida; S. William Goldstein of the Law Offices of Goldstein Goldstein, Jacksonville, Florida; B. Niklas Brihammar, Key West, Florida; Paul R. Marcus of the Law Offices of Paul R. Marcus, Miami, Florida; Honorable Dale Ross, Chief Judge, Seventeenth Judicial Circuit, Fort Lauderdale, Florida; Maurice Jay Kutner of Kutner West, P.A., Miami, Florida; Richard P. Aranson of Beiner Nussbaum, P.A., Boca Raton, Florida; Honorable Richard Yale Feder, Administrative Judge, Family Division, Eleventh Judicial Circuit, Miami, Florida; Honorable Gerald T. Wetherington, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable Joseph P. Farina, Chief Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable Donald Moran, Jr., Chief Judge and Honorable Hugh A. Carithers, Jr., Administrative Judge, Family Law Division, Fourth Judicial Circuit, Jacksonville, Florida; Andrew M. Leinoff of Leinoff Silvers, P.A., Coral Gables, Florida; Honorable Hugh E. Starnes, Chief Judge, Twentieth Judicial Circuit, Fort Myers, Florida; Honorable Leonard Rivkind, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable F. Dennis Alvarez, Chief Judge, and judges presiding in the Family Law Division, Thirteenth Judicial Circuit, Tampa, Florida; Peter M. Hockman, Homestead, Florida; Honorable Thomas S. Wilson, Jr., Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Lawrence M. Watson, Jr., Chair, Supreme Court Committee on Mediation and Arbitration Rules, Orlando, Florida; Raquel A. Rodriquez, Coral Gables, Florida; Nancy M. Blount, Assistant State Attorney, Eleventh Judicial Circuit, Miami, Florida; Darlene Schweitzer-Ramras of Schweitzer Schweitzer-Ramras, P.A., Miami, Florida; Robert J. Jones, Miami, Florida; Marsha B. Elser, Cynthia L. Greene, Judith Hodor and Laura M. Fabar of Elser, Greene, Hodor Fabar, Miami, Florida; Peter A. Collins, Miami, Florida; William A. Daniel, Jr., Miami, Florida; Norman D. Levin of Levin Rabinowitz, Longwood, Florida; Honorable Anthony Rondolino, Circuit Judge, Sixth Judicial Circuit, St. Petersburg, Florida; Sharon L. Langer, Director, Dade County Bar Association Legal Aid Society, Miami, Florida; Honorable Alan S. Gold, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Fred M. Dellapa, Coral Gables, Florida; Joy B. Shearer, General Master, Administrative Office of the Court, Fifteenth Judicial Circuit, West Palm Beach, Florida; Rosemarie S. Roth, Miami, Florida; Martin J. Nolan, E.R. Whitehouse, Rusela V. Orr and Charlene Sharp Bogolub, certified and court appointed family mediators, Eleventh Judicial Circuit, Miami, Florida; Bette Ellen Quiat, Miami, Florida; Perry S. Itkin, Chairperson, Education Training Committee, Florida Association of Professional Family Mediators, Dispute Resolution, Inc., Fort Lauderdale, Florida; Honorable Roger A. Silver, County Judge, County Court of Dade County, Miami, Florida; Marilyn Blumberg of the Law Offices of Bette Ellen Quiat, Miami, Florida; Honorable Herbert M. Klein, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Melvyn B. Frumkes of the Law Offices of Melvyn B. Frumkes Associates, P.A., Miami, Florida; William T. Bornhauser, Director, Family Mediation Program, Twelfth Judicial Circuit, Sarasota, Florida; Honorable Ronald M. Friedman, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable John L. Phillips, Administrative Judge, Family Division, Fifteenth Judicial Circuit, West Palm Beach, Florida; Honorable George S. Reynolds, III, Vice-Chair, Family Law Rules Committee, Second Judicial Circuit, Tallahassee, Florida; Honorable Stuart M. Simons, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Catherine Marie Ivey of the Law Office of Henshaw Ivey, Cape Coral, Florida; and Honorable Seymour Benson, Circuit Judge, Eighteenth Judicial Circuit, Sanford, Florida, submitting comments regarding Family Law Rules.
On July 7, 1995, this Court adopted new family law rules in accordance with our prior determination to have separate rules for family law cases. See In re Family Law R.P., 663 So.2d 1047 (Fla. 1995). After we issued the new rules, we published them in The Florida Bar News for further comment. Additionally, we asked the Family Law Rules Committee to review the rules for comment in view of the substantial modifications this Court made to the rules as proposed. The comments of the committee and others are now before this Court for review. We have jurisdiction. Art. V, § 2(a), Fla. Const. After having reviewed the comments, we hereby modify the rules as set forth in the attached appendices. The changes include a number of technical modifications and some substantive modifications.
General and Special Masters
A majority of the comments received concern the rules governing general and special masters. These comments request that we address the restrictions the rules place on the authority of masters. Specifically, this Court has been asked to modify the rules to: (1) eliminate the provision that prohibits general and special masters from hearing civil contempt proceedings; and (2) eliminate the requirement of Florida Family Law Rule of Procedure 12.490 that a general master must take the evidence in writing and must file that writing with the master's report and instead allow general masters to take testimony and establish a record electronically.
After consideration, we grant the first request and have modified Florida Family Law Rules 12.490 and 12.492 as set forth in attached Appendix B to eliminate the provision prohibiting general and special masters from hearing contempt proceedings. In granting this request, we note that, under the rules governing masters, no matter shall be heard by a general master without the consent of all parties. See Fla.Fam.L.R. 12.490(b)(1).
We also grant the second request as limited herein because we find that its implementation, with certain modifications, will expedite the family law litigation process and reduce costs. In the second request we are urged to find that allowing the use of an electronic record in lieu of requiring a master to take the evidence in writing is permissible under our constitution. The reason Florida Rule of Civil Procedure 1.490 and now rule 12.490 require the written recording of documentary evidence by a master is to ensure that the party taking exceptions to the master's report has an adequate and fair opportunity for review and to ensure that a master's report is not contrary to the evidence or to the law. Knupp v. Knupp, 625 So.2d 865 (Fla. 3d DCA 1993); Petrakis v. Petrakis, 597 So.2d 856 (Fla. 3d DCA 1992). In other words, some type of record must be created to protect a litigant's right to ultimate review by a judge. We find that electronically recording the master's proceeding and preserving that recording for future access sufficiently protects a litigant's rights by providing the ability to have the electronic record transcribed to establish an appropriate record for review if exceptions are filed.
In reaching this decision, we emphasize that we are in no way implying that judges may merely "rubber-stamp" the recommendations of masters. An adequate method of judicial review of the recommendations is still required given the limited judicial authority that may be vested in masters. According to comments received by this Court, however, confusion apparently exists as to the appropriate requirements for review given our holding in Lyon v. Lyon, 54 So.2d 679, 680 (Fla. 1951), in which we stated:
We do not construe the . . . rule to mean that, in the absence of exceptions, the entry of final decree by the court in accordance with the findings and recommendations of the Master becomes a mere formality. Whether exceptions are filed to the report of the Master or not, it is the duty of the court to examine and carefully consider the evidence and determine whether under the law and the facts the court is justified in entering the decree recommended by the Master.
We find that, provided a judge carefully considers (1) whether the evidence and facts, as fully set forth in a master's report, support the recommendations of the master and (2) whether the recommendations are justified under the law, then the review, absent exceptions, is adequate and satisfies the spirit of Lyon. Notwithstanding this finding, we emphasize that a judge must review the entire record if exceptions are filed. We have modified rule 12.490 accordingly.
Other Changes
In response to other remarks, we have made a number of technical and stylistic changes throughout the rules, forms, and appendices. We have also made the following substantive changes to the rules pursuant to the recommendations of the committee or others who submitted comments:
(1) In rule 12.010, moved definition of family law matters from commentary into body of rule.
(2) Deleted the requirement in rule 12.105 that simplified dissolutions must comply with requirements of rule 12.285.
(3) Added the following to the comment to rule 12.110: "Rule 1.110(h) is to be interpreted to require service of process on a supplemental petition as set forth in Florida Family Law Rule of Procedure 12.070."
(4) Added rule 12.190 (amended and supplemental pleadings shall be governed by Florida Rule of Civil Procedure 1.190).
(5) Deleted "allegations of domestic violence" from rule 12.200(9), (10), and (11) in master and mediation referrals and inserted instead "significant history that would compromise the process"; and added to rule 12.200(11) the words "consistent with Florida law" to reflect that arbitration would be coordinated consistent with Florida law.
(6) Altered rule 12.285(b)(1)(A) to add "unless the documents have been served under subdivision (b)(2) of this rule." A similar change was made to rule 12.285(b)(1)(B).
(7) Changed the term "deliver" as set forth throughout rule 12.285 to "serve" and changed the 20-day time period in rule 12.285(b)(1)(B) as follows to make the rule consistent with Florida Rule of Judicial Administration 2.085(d)(1)(C) and other rules regarding service:
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.
(8) Added adoptions to proceedings exempted from disclosure under rule 12.285(a)(1), and clarified that rule 12.285(c) applies to parties whose annual income and expenses are less than $50,000 and that rule 12.285(d) applies to parties whose annual income or expenses are equal to or more than $50,000.
(9) Added rule 12.407 (Testimony and Attendance of Minor Child. No minor child shall be deposed or brought to a deposition, 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 based on good cause shown unless in an emergency situation.).
(10) Amended rule 12.470 to include exceptions to general masters' reports.
(11) Renumbered rules 12.491 and 12.492 as requested by the committee.
(12) Added the following comment to rule 12.491: "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."
(13) Amended rule 12.491(e) to clarify that hearing officers are not to conduct contested paternity proceedings.
(14) Amended rule 12.610 to:
(a) require that service of papers on the respondent include a copy of the temporary injunction if one has been entered;
(b) state that assistance shall be given as required by law and to provide for the confidential filing of a petitioner's address when required for safety reasons;
(c) reflect in the commentary that the limitation on the taking of testimony raises due process concerns and, as such, that the limits on the taking of testimony have been made permissive rather than mandatory under the rule even though the statute requires that the testimony be limited.
(15) Amended rules 12.740 and 12.741 to reflect changes to those mediation rules as recommended by the mediation committee.
(16) Renumbered, reorganized, and updated the forms that accompany the rules.
Future Changes to the Rules
Regarding future modifications to the family law rules, we issue the following directives. The Family Law Rules Committee shall have continuing responsibility for review of the family law rules, including all forms and appendices. We also ask the Family Courts Steering Committee to review these rules, forms, and appendices and to make recommendations to this Court, with particular emphasis on revisions to further simplify the family law process for the many pro se litigants in family law cases. Finally, consistent with this Court's directives regarding mediation and arbitration rules in other areas, we direct that the Supreme Court Mediation and Arbitration Rules Committee shall have continuing responsibility for review of rules 12.740 and 12.741 governing family law mediation.
This Court acknowledges that, because these rules are new, additional changes to the rules may need to be implemented outside of the four-year rule revision cycle set forth in Florida Rule of Judicial Administration 2.130. Consequently, we hereby grant to these committees a one-year extension beyond the time requirements of rule 2.130 for filing proposed revisions to the rules, forms, and appendices.
Accordingly, we reaffirm our adoption, effective January 1, 1996, of the amendments to the Florida Rules of Civil Procedure (attached to this opinion as appendix A) and the new Florida Family Law Rules of Procedure (attached to this opinion as appendix B), as provided in In re Family Law Rules of Procedure, 663 So.2d 1047 (Fla. 1995), and as modified herein. The comments to the rules are included for explanation and guidance only and are not adopted as an official part of the rules.
It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
APPENDIX A AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE RULE 1.010. SCOPE AND TITLE OF RULES the Florida Family Law Rules of Procedure, RULE 1.360. EXAMINATION OF PERSONS Request; Scope. , including domestic relations and bastardy cases when the blood group is in issue, a Report of Examiner. Examiner as Witness. RULE 1.491. CHILD SUPPORT ENFORCEMENT RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS Clerical Mistakes. Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. , except that there shall be no time limit for motions based on fraudulent financial affidavits in marital cases. RULE 1.611. MARITAL AND POST-MARITAL PROCEEDINGS RULE 1.740. FAMILY MEDIATION FORM 1.918. LIS PENDENS or "a divorce and relief concerning" FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY "dissolution of marriage" or NOTE: 49.08 FORM 1.943. DISSOLUTION OF MARRIAGE FORM 1.975. FINANCIAL STATEMENT FOR DISSOLUTION OF MARRIAGE (DIVORCE) FORM 1.982. CONTEMPT NOTICE NOTE: If the violation is of another nature, t T instead of failure to pay alimony in the motion and notice. FORM 1.995. FINAL JUDGMENT DISSOLVING MARRIAGE FORM 7. MARRIAGE DISSOLUTION — INTERROGATORIES TO PARTY APPENDIX B NEW FLORIDA FAMILY LAW RULES OF PROCEDURE RULE 12.000. PREFACE Commentary 1995 Adoption. In re Florida R. Fam. Ct. P., 607 So.2d 396 Family Law Rules of Procedure, 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 Rules Regulating The Florida Bar — Approval of Forms, 581 So.2d 902 SECTION I FAMILY LAW RULES OF PROCEDURE RULE 12.005. TRANSITION RULE Commentary 1995 Adoption. RULE 12.010. SCOPE, PURPOSE, AND TITLE Scope. Purpose. Title. RULE 12.020. APPLICABILITY OF FLORIDA RULES OF CIVIL PROCEDURE Commentary 1995 Adoption. RULE 12.030. NONVERIFICATION OF PLEADINGS RULE 12.050. WHEN ACTION COMMENCED RULE 12.060. TRANSFERS OF ACTIONS RULE 12.070. PROCESS Family Law Actions Generally. Domestic and Repeat Violence Injunctions. RULE 12.080. SERVICE OF PLEADINGS AND PAPERS Service. Family Law Actions Generally. Domestic and Repeat Violence Actions. Service and Preparation of Orders and Judgments. Family Law Actions Generally. Domestic and Repeat Violence Actions. Defaulted Parties. Commentary 1995 Adoption. RULE 12.090. TIME RULE 12.100. PLEADINGS AND MOTIONS Commentary 1995 Adoption. RULE 12.105. SIMPLIFIED DISSOLUTION PROCEDURE Requirements for Use. Consideration by Court. Financial Affidavit and Settlement Agreement. Final Judgment. Forms. Commentary 1995 Adoption. RULE 12.110. GENERAL RULES OF PLEADING Commentary 1995 Adoption. RULE 12.120. PLEADING SPECIAL MATTERS RULE 12.130. DOCUMENTS SUPPORTING ACTION OR DEFENSE RULE 12.140. DEFENSES RULE 12.150. SHAM PLEADINGS RULE 12.160. MOTIONS RULE 12.170. CROSSCLAIMS RULE 12.180. THIRD-PARTY PRACTICE RULE 12.190. AMENDED AND SUPPLEMENTAL PLEADINGS RULE 12.200. CASE MANAGEMENT AND PRETRIAL CONFERENCES Case Management Conference. Pretrial Conference. Notice. Case Management and Pretrial Order. Commentary 1995 Adoption. Dralus v. Dralus, 627 So.2d 505 Wrona v. Wrona, 592 So.2d 694 Katz v. Katz, 505 So.2d 25 RULE 12.210. PARTIES RULE 12.230. INTERVENTIONS RULE 12.240. INTERPLEADER RULE 12.250. MISJOINDER AND NONJOINDER OF PARTIES RULE 12.260. SURVIVOR; SUBSTITUTION OF PARTIES RULE 12.270. CONSOLIDATION; SEPARATE TRIALS RULE 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY Supplementing of Responses. Time for Filing Supplemental Responses. Documents Considered Confidential. Sealing of Records. Commentary 1995 Adoption. RULE 12.285. MANDATORY DISCLOSURE Application. Scope. 57.105 Original and Duplicate Copies. Time for Production of Documents. Temporary Financial Hearings. Initial and Supplemental Proceedings. Parties Whose Annual Income and Expenses Are Less Than $50,000. Parties Whose Annual Income or Expenses Are Equal To or Exceed $50,000. Temporary Financial Relief. Initial Proceedings. 29 U.S.C. § 1024 Supplemental Proceedings. Duty to Supplement Disclosure; Amended Financial Affidavit. Sanctions. Objections to Mandatory Automatic Disclosure. Certificate of Compliance. Place of Production. Commentary 1995 Adoption. See Dralus v. Dralus, 627 So.2d 505 Wrona v. Wrona, 592 So.2d 694 Katz v. Katz, 505 So.2d 25 RULE 12.290. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL RULE 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN RULE 12.310. DEPOSITIONS UPON ORAL EXAMINATION RULE 12.320. DEPOSITIONS UPON WRITTEN QUESTIONS RULE 12.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS RULE 12.340. INTERROGATORIES TO PARTIES Initial Interrogatories. Additional Interrogatories. Commentary 1995 Adoption. RULE 12.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES RULE 12.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION RULE 12.360. EXAMINATION OF PERSONS Commentary 1995 Adoption. RULE 12.370. REQUESTS FOR ADMISSION RULE 12.380. FAILURE TO MAKE DISCOVERY; SANCTIONS RULE 12.390. DEPOSITIONS OF EXPERT WITNESSES RULE 12.400. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS Closure of Proceedings or Records. In Camera Inspection. Commentary 1995 Adoption. RULE 12.407. TESTIMONY AND ATTENDANCE OF MINOR CHILD Commentary 1995 Adoption. RULE 12.410. SUBPOENA RULE 12.420. DISMISSAL OF ACTIONS Voluntary Dismissal. Costs. Commentary 1995 Adoption. RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER RULE 12.431. TRIAL JURY RULE 12.440. SETTING ACTION FOR TRIAL Setting for Trial. Sanctions. Commentary 1995 Adoption. RULE 12.450. EVIDENCE RULE 12.460. CONTINUANCES RULE 12.470. EXCEPTIONS UNNECESSARY Commentary 1995 Adoption. RULE 12.480. MOTION FOR A DIRECTED VERDICT RULE 12.481. VERDICTS RULE 12.490. GENERAL MASTERS General Masters. Reference. General Powers and Duties. Hearings. General Master's Report. Filing Report; Notice; Exceptions. Record. Commentary 1995 Adoption. Dralus v. Dralus, 627 So.2d 505 Wrona v. Wrona, 592 So.2d 694 and Katz v. Katz, 505 So.2d 25 RULE 12.491. CHILD SUPPORT ENFORCEMENT Limited Application. Scope. 42 U.S.C. § 651 Support Enforcement Hearing Officers. Referral. General Powers and Duties. Entry of Order and Relief from Order. Modification of Order. Record. Commentary 1995 Adoption. not 1988 Adoption. RULE 12.492. SPECIAL MASTERS Special Masters. Reference. General Powers and Duties. Bond. Hearings. Special Master's Report. Filing Report; Notice; Exceptions. Expenses of Special Master. Commentary 1995 Adoption. RULE 12.500. DEFAULTS AND FINAL JUDGMENTS THEREON RULE 12.510. SUMMARY JUDGMENT RULE 12.520. VIEW Commentary 1995 Adoption. RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS RULE 12.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS Commentary 1995 Adoption. DeClaire v. Yohanan, 453 So.2d 375 RULE 12.550. EXECUTIONS AND FINAL PROCESS RULE 12.560. DISCOVERY IN AID OF EXECUTION RULE 12.570. ENFORCEMENT OF JUDGMENTS Commentary 1995 Adoption. RULE 12.580. WRIT OF POSSESSION RULE 12.590. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES RULE 12.600. DEPOSITS IN COURT Commentary 1995 Adoption. RULE 12.610 INJUNCTIONS FOR DOMESTIC AND REPEAT VIOLENCE Application. Petitions. Requirements for Use. Domestic Violence. Repeat Violence. Service of Petitions. Domestic Violence. Repeat Violence. Additional Documents. Consideration by Court. Forms. Provision of Forms. Confidential Filing of Address. Orders of Injunction. Consideration by Court. Temporary Injunction. Permanent Injunction. Issuing of Injunction. Service of Injunctions. Temporary Injunction. Permanent Injunction. Party Present at Hearing. Party not Present at Hearing. Duration. Temporary Injunction. Permanent Injunction. Enforcement. Motion to Modify or Vacate Injunction. Forms. Commentary 1995 Adoption. 741.30 784.046 741.30 784.046 741.30 784.046 741.30 784.046 741.30 784.046 741.30 784.046 741.30 741.31 741.30 RULE 12.611. CENTRAL GOVERNMENTAL DEPOSITORY Administrative Order. 61.181 Payments to Public Officer. Commentary 1995 Adoption. RULE 12.620. RECEIVERS RULE 12.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS RULE 12.630. EXTRAORDINARY REMEDIES RULE 12.740. FAMILY MEDIATION Applicability. Referral. Limitation on Referral to Mediation. Appearances. Completion of Mediation. Report on Mediation. Commentary 1995 Adoption. RULE 12.741. MEDIATION RULES Discovery. General Procedures. Interim or Emergency Relief. Sanctions for Failure to Appear. Adjournments. Counsel. Communication with Parties. Appointment of the Mediator. Commentary 1995 Adoption. SECTION II FAMILY LAW FORMS, COMMENTARY, INSTRUCTIONS, AND APPENDICES Commentary 1995 Adoption. 613 So.2d 900 581 So.2d 902 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, 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 BOOK. 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 HAPPENED IN THE LAW OR COURT RULES THAT WOULD AFFECT THE ACCURACY OF THE FORMS, COMMENTARY, INSTRUCTIONS OR APPENDICES. IN NO EVENT WILL THE FLORIDA SUPREME COURT, THE FLORIDA BAR, OR ANYONE CONTRIBUTING TO THE PRODUCTION OF THESE FORMS, COMMENTARY, INSTRUCTIONS, AND APPENDICES BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM THEIR USE. INDEX TO FAMILY LAW FORMS INTRODUCTION AND COMMENTARY 12.900-12.909 PETITIONS AND SUPPORTING DOCUMENTS 12.910-12.919 SERVICE 12.920-12.929 PROCEDURAL 12.930-12.939 DISCOVERY 12.940-12.949 MOTIONS 12.950-12.959} AVAILABLE FOR 12.960-12.969 FUTURE 12.970-12.979 CATEGORIES 12.980-12.989 SPECIAL CASES Domestic and Repeat Violence Adoption Name change 12.900-12.999 JUDGMENTS APPENDICES nonlawyer and nonlawyers nonlawyer must Both must sign must all one Nonlawyer's name language date PARTY NONLAWYER only all The Marital Settlement Agreement referred to in Form 12.901(a) is Florida Family Law Form 12.901(h). Please see Simplified Dissolution of Marriage, Appendix 1 for other information on simplified dissolutions generally. You also may read Chapter 61, Florida Statutes, for more information. must PETITION BY PARTIES FOR SIMPLIFIED DISSOLUTION OF MARRIAGE name name name date name date date place name name one or name both must come name date name of husband one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone husband one or name date name of wife one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name of wife all 61.052 must PETITION FOR DISSOLUTION OF MARRIAGE name one or one or due date must or or 61.30 61.30 one or or or or or name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must AFFIDAVIT OF INSOLVENCY name name INCOME: ASSETS: DEBTS/BILLS: name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or and or fn_a alimony, must 61.08 or child support, must 61.30 equitable distribution fn_a must fn_a 61.075 marital fn_a attorneys' fees, costs and suit money, must DOING THE MATH Hourly wage Daily wage Weekly wage Bi-weekly wage Semi-monthly wage Bi-monthly wage Quarterly wage Semi-annual wage Annual wage HELPFUL FACTS must FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) name EXCEPT IN PROCEEDINGS FOR ADOPTION, SIMPLIFIED DISSOLUTION OF MARRIAGE, ENFORCEMENT, CONTEMPT, AND INJUNCTIONS FOR DOMESTIC OR REPEAT VIOLENCE, one OR WE HAVE AGREED TO WAIVE THE REQUIREMENTS OF FLORIDA FAMILY LAW RULE OF PROCEDURE 12.285. LAST YEAR'S INCOME AVERAGE GROSS MONTHLY INCOME FROM EMPLOYMENT AVERAGE MONTHLY EXPENSES TOTAL ABOVE EXPENSES one date Party or their attorney if represented Other name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM) name name EMPLOYMENT EXCEPT IN PROCEEDINGS FOR ADOPTION, SIMPLIFIED DISSOLUTION OF MARRIAGE, ENFORCEMENT, CONTEMPT, AND INJUNCTIONS FOR DOMESTIC OR REPEAT VIOLENCE, one OR WE HAVE AGREED TO WAIVE THE REQUIREMENTS OF FLORIDA FAMILY LAW RULE OF PROCEDURE 12.285. LAST YEAR'S INCOME LAST YEAR'S INCOME PRESENT INCOME; AVERAGED ON A MONTHLY BASIS: TOTAL MONTHLY INCOME: LESS DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES: TOTAL DEDUCTIONS: AVERAGE NET MONTHLY INCOME: LESS COURT ORDERED PAYMENTS AVERAGE MONTHLY NET INCOME LESS COURT ORDERED PAYMENTS: AVERAGE MONTHLY EXPENSES: TOTAL TOTAL TOTAL TOTAL MONTHLY EXPENSES: SUMMARY one date Party or their attorney if represented Other name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or 61.1354 must UNIFORM CHILD CUSTODY JURISDICTION ACT (UCCJA) AFFIDAVIT one date Party or their attorney if represented Other name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or 61.30 Hourly wage Daily wage Weekly wage Bi-weekly wage Semi-monthly wage Bi-monthly wage Quarterly wage Semi-annual wage Annual wage must CHILD SUPPORT GUIDELINES WORKSHEET Total Net Monthly Income COMBINED NET MONTHLY INCOME Statutory child support obligation Total child support responsibility of primary residential parent Total child support responsibility of secondary residential parent TOTAL ADDITIONS TO BASIC OBLIGATION TOTAL GROSS MONTHLY INCOME TOTAL DEDUCTIONS TOTAL ADJUSTMENTS OR 61.30Petitioner or their attorney (if represented) Respondent IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or and and and and OR 61.075 must MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE ASSETS TOTAL ASSETS: ASSETS TOTAL ASSETS: DEBTS DEBTS fn_c name date name of husband one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone husband one or name date name of wife one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name of wife 61.021 not 61.052 must AFFIDAVIT OF CORROBORATING WITNESS {name} date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or no later than 20 days 61.30 and/or and must ANSWER/RESPONSE TO AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE name one or one or due date must (specify) (specify) one 61.30 61.30 one or or or one or one or one or one or (specify): (specify): one date Party or their attorney (if represented) Other name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or no later than 20 days ANSWER/RESPONSE TO COUNTERPETITION FOR DISSOLUTION OF MARRIAGE one date name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or and and or must SUPPLEMENTAL PETITION/REQUEST TO MODIFY/CHANGE VISITATION one or date one date Party or their attorney (if represented) Other name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or and and 61.30 and or and 20 days or must PETITION/REQUEST TO MODIFY/CHANGE PRIMARY RESIDENCY/CUSTODY OF CHILDREN one or one or date one or one or one or one 61.30 61.30 one or or one or one or and one or one or one or and one or one one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or 61.09 and and 61.30 or and or and 20 days to file or must PETITION/REQUEST FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE OR one or one or fn_c one or one 61.30 61.30 or one or one or one or one 61.30 61.30 one or or one or one or and one or one or one or and one or one or one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or 61.30 or and or and 20 days to file or must PETITION/REQUEST FOR MODIFICATION/CHANGE OF CHILD SUPPORT AND OTHER RELIEF date obligor Obligor's Obligee's one or one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or 742.091 752.01 61.13 and and 20 days must PETITION/REQUEST FOR GRANDPARENT VISITATION date one or one or name date name of grandfather one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone grandfather one or name date name of wife one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name of grandmother all 120 days 20 days 48.193 must SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL 20 calendar days PROCESS SERVICE MEMORANDUM TO: RE: must ORDER TO PERFECT SERVICE one or or name date Petitioner or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or 120 days 120 days. must ORDER OF DISMISSAL FOR FAILURE TO PERFECT SERVICE (120 days) one or or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or one copy each must MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name street city state phone name one or must NONMILITARY AFFIDAVIT Name of person signing below one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must NOTICE OF ACTION OF DISSOLUTION OF MARRIAGE must AFFIDAVIT FOR SERVICE BY PUBLICATION [Specify details of search] Refer to checklist and list all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful): one or or one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or unless the document already has a certificate of service in it. must CERTIFICATE OF SERVICE name of document(s) served one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must ORDER OF REFERRAL TO GENERAL MASTER { name } name date This portion to be filled out by the court: Petitioner or their attorney Respondent (if represented) General Master IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or NOTICE OF HEARING BEFORE GENERAL MASTER name of general master date time This part to be filled out by the court: one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must ORDER SETTING MATTER FOR UNCONTESTED FINAL HEARING OR FOR STATUS CONFERENCE name of judge date time one This part to be filled in by court: Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one 20 days or must REQUEST TO ENTER DEFAULT one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or DEFAULT one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must NOTICE OF HEARING (GENERAL FORM) name of judge date time You will need to get the information from your local courthouse to fill out this part: name of motion or petition to be heard one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or 30 days must NOTICE OF SERVICE OF STANDARD FAMILY LAW INTERROGATORIES date name of person served one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or STANDARD FAMILY LAW INTERROGATORIES 61.30 one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or 10 days 10 days must NOTICE OF PRODUCTION FROM NON-PARTY 10 days name of person, organization or agency 10 days. one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or SUBPOENA FOR PRODUCTION OF DOCUMENTS MUST place date time or You will need to get the information from your local courthouse to fill in this part: IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must REQUEST FOR DOCUMENTS PRODUCED BY SUBPOENA name of deponent one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.940(a), (b) AND (c), MOTION, ORDER AND EMPLOYER'S DECLARATION OF HEALTH INSURANCE COVERAGE 30 days 15 days 61.13 must MOTION FOR HEALTH INSURANCE COVERAGE date one or one or one one one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or ORDER FOR HEALTH INSURANCE COVERAGE name of person who was ordered to provide health insurance name of person who was ordered to provide health insurance name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Obligor's employer IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or INSTRUCTIONS TO EMPLOYER OR OTHER PERSON PROVIDING HEALTH INSURANCE 10 days 30 days EMPLOYEE INFORMATION EMPLOYER'S DECLARATION OF NO HEALTH INSURANCE COVERAGE (name) (position) (company) (state reasons) date name must MOTION FOR TEMPORARY INJUNCTION TO PREVENT REMOVAL OF CHILD(REN) AND DENIAL OF PASSPORT SERVICES one or [ one only] [ one only] or, if applicable: one or or or one or one date Party or their attorney Other (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or AFFIDAVIT IN SUPPORT OF MOTION FOR TEMPORARY INJUNCTION AGAINST REMOVAL OF MINOR CHILDREN [name] Name(s) Age(s) Residing with Residence Address one one date Party or their attorney Other (if represented) name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or 61.401 61.404 must MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM one or one or specify one date Party or their attorney (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or ORDER APPOINTING GUARDIAN AD LITEM ORDERED Powers of Guardian. Notice Required Prior to Certain Interviews. after proper notice to interested parties to the litigation, provided, however, that no such notice shall be required prior to any interview with the child or the parties Court Order Required to Inspect Records Other Than Court File and School Records. through counsel, Such order shall be obtained only after notice to all parties and hearing thereon; provided, however, that upon presentation of this order to the appropriate person or office, the guardian ad litem is authorized, pursuant to section 61.403(2), Florida Statutes, to inspect and copy any school and/or daycare records or medical records relating to the child(ren) without a hearing or consent of the parent(s). Court Order Required for Expert Examinations. through counsel, Guardian's Right To Discovery and Other Relief. acting through counsel, Presence of Guardian At Depositions and Hearings. through counsel, provided, however, that a guardian ad litem may be present and appear without counsel at such proceedings but may not participate unless permitted by the court. Party to Agreement. Parties to Provide Notice to Guardian ad Litem. city Reports and Recommendations. Confidentiality. { name } { date } Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Guardian ad Litem Office IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: name of nonlawyer street city state phone name one or must AFFIDAVIT AND WAIVER OF FEES FOR PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE name 741.30 784.046 fn_e fn_e CLERK'S CERTIFICATE AS TO AFFIDAVIT AND REQUEST FOR WAIVER OF FEES must PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE { name } City, State and Zip Code (DO NOT ENTER IF RESIDENCE OR PHONE TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT WHEN FILING THIS PAPER) City, State and Zip Code one date location { date } address City, State, Zip Code SECTIONS 14-19 MUST BE ANSWERED IF PETITIONER IS SEEKING CUSTODY OF ANY MINOR CHILD fn_f INSTRUCTIONS: PLEASE CHECK ONLY 1 OF THE FOLLOWING: OR INSTRUCTIONS: [ one only] OR INSTRUCTIONS: PLEASE CHECK ONLY 1 OF THE FOLLOWING: OR [ all that apply] date name all { name of nonlawyer } street city state { phone } { name } one or must ORDER DENYING PETITION FOR TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE 741.30 784.046 741.30 784.046 741.30 name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE 741.30 I. NOTICE OF HEARING must day and date name room name/number location address, city II. FINDINGS 741.30 III. TEMPORARY INJUNCTION CONSIDERED, ORDERED AND ADJUDGED: A. B. (DO NOT ENTER IF RESIDENCE OR PHONE TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT) C. D. E. F. 787.03 787.04 G. H. I. J. IV. SANCTIONS A. B. V. DIRECTIONS TO LAW ENFORCEMENT OFFICER IN ENFORCING THIS TEMPORARY INJUNCTION A. B. C. VIOLATION OF THIS INJUNCTION IS PUNISHABLE BY JAIL OR FINE OR BOTH. D. 901.15 E. WARNING THE COURT MAY ENFORCE COMPLIANCE WITH THE ABOVE TERMS OF THIS INJUNCTION THROUGH CONTEMPT PROCEEDINGS OR AS PROVIDED BY THE LAWS OF THE STATE OF FLORIDA. VIOLATION OF THIS ORDER MAY SUBJECT THE VIOLATOR TO CRIMINAL PROSECUTION. THIS INJUNCTION IS VALID AND ENFORCEABLE IN ALL COUNTIES OF THE STATE OF FLORIDA. LAW ENFORCEMENT OFFICERS MAY USE THEIR ARREST POWERS FOR VIOLATIONS OF THIS INJUNCTION UNDER WHICH CRIMINAL SANCTIONS MAY BE IMPOSED BY THE LAWS OF THE STATE OF FLORIDA. ANY VIOLATION OF THIS INJUNCTION, WHETHER OR NOT AT THE INVITATION OF THE PETITIONER, MAY SUBJECT YOU TO CRIMINAL PROSECUTION. THE PROVISIONS OF THIS INJUNCTION MAY BE ENDED ONLY BY THE COURT. IT IS A FEDERAL CRIME FOR THE RESPONDENT TO WHOM THIS ORDER IS DIRECTED TO SHIP OR TRANSPORT IN INTERSTATE OR FOREIGN COMMERCE, OR POSSESS IN OR AFFECTING COMMERCE, ANY FIREARM OR AMMUNITION; OR TO RECEIVE ANY FIREARM OR AMMUNITION WHICH HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN COMMERCE. 18 U.S.C.A. SEC. 922(g)8 FULL FAITH AND CREDIT: THIS PROTECTION ORDER MEETS THE REQUIREMENTS OF 18 U.S.C.A. SEC. 922(g)8 AND THEREFORE SHALL BE ACCORDED FULL FAITH AND CREDIT BY THE COURT OF ANOTHER STATE OR INDIAN TRIBE (THE ENFORCING STATE OR INDIAN TRIBE) AND ENFORCED AS IF IT WERE THE ORDER OF THE ENFORCING STATE OR TRIBE. 18 U.S.C.A. SEC. 922(g)8 date To be filled out by the court: must INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (AFTER NOTICE) date 741.30 one one date date Both may be paid in person or by mail. one (DO NOT ENTER IF RESIDENCE RESIDENCE OR PHONE TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT) (DO NOT ENTER IF RESIDENCE RESIDENCE OR PHONE TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT) one or one or 61.13 one or one 901.15 OR 741.28 901.15 who was present at the injunction hearing, WARNING THE COURT MAY ENFORCE COMPLIANCE WITH THE ABOVE TERMS OF THIS INJUNCTION THROUGH CONTEMPT PROCEEDINGS OR AS PROVIDED BY THE LAWS OF THE STATE OF FLORIDA. VIOLATION OF THIS ORDER MAY SUBJECT THE VIOLATOR TO CRIMINAL PROSECUTION. THIS INJUNCTION IS VALID AND ENFORCEABLE IN ALL COUNTIES OF THE STATE OF FLORIDA. LAW ENFORCEMENT OFFICERS MAY USE THEIR ARREST POWERS FOR VIOLATIONS OF THIS INJUNCTION UNDER WHICH CRIMINAL SANCTIONS MAY BE IMPOSED BY THE LAWS OF THE STATE OF FLORIDA. ANY VIOLATION OF THIS INJUNCTION, WHETHER OR NOT AT THE INVITATION OF THE PETITIONER, MAY SUBJECT YOU TO CRIMINAL PROSECUTION. THE PROVISIONS OF THIS INJUNCTION MAY BE ENDED ONLY BY THE COURT. IT IS A FEDERAL CRIME FOR THE RESPONDENT TO WHOM THIS ORDER IS DIRECTED TO SHIP OR TRANSPORT IN INTERSTATE OR FOREIGN COMMERCE, OR POSSESS IN OR AFFECTING COMMERCE, ANY FIREARM OR AMMUNITION; OR TO RECEIVE ANY FIREARM OR AMMUNITION WHICH HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE OR FOREIGN COMMERCE. 18 USCA SEC. 922(g)8 FULL FAITH AND CREDIT: THIS PROTECTION ORDER MEETS THE REQUIREMENTS OF 18 U.S.C.A. SEC. 922(g)8 AND THEREFORE SHALL BE ACCORDED FULL FAITH AND CREDIT BY THE COURT OF ANOTHER STATE OR INDIAN TRIBE (THE ENFORCING STATE OR INDIAN TRIBE) AND ENFORCED AS IF IT WERE THE ORDER OF THE ENFORCING STATE OR TRIBE. 18 U.S.C.A. SEC. 2265 name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must ORDER OF DISMISSAL OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE one 741.30 name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE name (DO NOT ENTER IF RESIDENCE OR PHONE TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT WHEN FILING THIS PAPER) one OR (DO NOT ENTER IF RESIDENCE OR PHONE TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT) one one or one or date one or one or one or name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must PETITION FOR ADOPTION BY STEPPARENT one or or or one one one date Party or their attorney if represented Other name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT one or one or date name IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or over 12 years of age. must STEPPARENT ADOPTION: CONSENT TO ADOPTION BY ADOPTEE date name IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or STEPPARENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH one or date one or date one or one or one or one or one or one or one or one or name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must FINAL JUDGMENT OF STEPPARENT ADOPTION one all or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must PETITION FOR ADOPTION INFORMATION name one date all name date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or ORDER RELEASING ADOPTION INFORMATION name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must 68.07 must PETITION/REQUEST FOR NAME CHANGE complete present name new name requested name city county state country one or one one If date name one IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or NOTE: must FINAL JUDGMENT OF SIMPLIFIED DISSOLUTION OF MARRIAGE date one or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or NOTE: must FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE date one MUST 61.075 MARITAL marital nonmarital nonmarital MUST 61.08 OR must or denying 61.08 GRANTED. granting 61.08 one or one or one or one or one or one or one or one or one due date OR OR 61.30 one or MUST 61.30 not 61.30 one or 61.30 one or one or one or one or one or one or MUST one or one or one or granting THEREFORE it is ORDERED AND ADJUDGED: one one or nonmarital nonmarital marital marital nonmarital nonmarital marital fn_g marital fn_g one or or date or plus date one or or date or plus date date and/or condition one or date or dates one or owner and beneficiary one or or one specify one one or or Specify other person(s) and issue(s) one or or Specify other person(s) and issue(s) one not one or one or one or specify one or one one or or one or one or or name of trust date one or or specify owner one or or one or one or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or must ORDER OF DISMISSAL DUE TO RECONCILIATION name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or NOTE: must FINAL DEFAULT JUDGMENT OF DISSOLUTION OF MARRIAGE THIS CAUSE MUST 61.075 MARITAL marital fn_g nonmarital nonmarital MUST 61.08 OR must or denying 61.08 granting 61.08 one or one or one or one or one or one or one or one or one due date OR OR 61.30 one or MUST 61.30 not 61.30 one or 61.30 one or one or one or one or one or one or MUST one or one or one or granting THEREFORE it is ORDERED AND ADJUDGED: one one or nonmarital nonmarital marital marital nonmarital nonmarital marital fn_g marital fn_g one or or date or plus date one or or date or plus date date and/or condition one or date or dates one or owner and beneficiary one or or one specify one one or or Specify other person(s) and issue(s) one or or Specify other person(s) and issue(s) one not one or one or one or specify one or one one or or one or one or $name of trust$ $date$ one or or $specified$ owner one or or one or one or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or PAYEE: OBLIGOR: payee. PAYOR: payee. obligor payor the same person obligor payor two different people. The obligor and payor are the same person. payor payee) and obligor payee The obligor and the payor are two separate people. payor payee obligor payee 61.181 obligor's must 61.1301 obligor obligor's obligor obligor's obligor's obligor's payor. obligor obligor obligor payor obligor obligor 61.1301 must ORDER REQUIRING PAYMENT THROUGH CENTRAL DEPOSITORY Obligor payor not obligor payor obligor obligor's one payor payor payor one payor payor payor CLERK OF COURT, CENTRAL DEPOSITORY you must write the court case number payor 61.181 name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or CHILD SUPPORT INCOME DEDUCTION ORDER obligor, name 61.1301 obligor one one one one one one one one one obligor payee one 61.181 payor obligor's CLERK OF COURT, CENTRAL DEPOSITORY 15 U.S.C. § 1673 OR Payor Obligor CONSUMER CREDIT PROTECTION ACT GARNISHMENT RESTRICTIONS obligor payee) cannot be more than: obligor's obligor's EXCEPTIONS obligor payee) cannot be more than: NOTICE TO PAYOR Obligor's Obligor's 15 U.S.C. § 1673 CLERK OF COURT, CENTRAL DEPOSITORY obligor's payee obligor's obligor's payee obligor's obligor's one payor OR payee, obligor. payee obligor. obligor's payee. obligor obligor. Obligor's obligor, obligor, obligor obligor obligor's obligors obligor. obligor, STATEMENT OF RIGHTS, REMEDIES, AND DUTIES IN REGARD TO INCOME DEDUCTION ORDER one one 15 U.S.C. § 1673 payors obligor's payor payors. obligor payee obligor's payors payors. name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Clerk of the Central Depository Payor or their attorney (if represented) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or NOTE: Default BOTH PLACES must FINAL JUDGMENT OF MODIFICATION OF PARENTAL RESPONSIBILITY AND VISITATION date one or or date one or one or OR OR 61.30 one or MUST 61.30 not 61.30 one or 61.30 one or one or one or one or one or one or MUST one or granting one or one specify specify one one or or Specify other person(s) and issue(s) one or or Specify other person(s) and issue(s) one not one or one or one or specify one or one one or or one or one or name of trust date one or or specify owner one or or one or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or 61.10 NOTE: Default in BOTH PLACES must FINAL JUDGMENT AWARDING SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE date one or or one $ due date $ MUST 61.08 OR must or denying 61.08 granting 61.08 one or one or one or one or one or one or one or one or OR OR 61.30 one or MUST 61.30 not 61.30 one or 61.30 one or one or one or one or one or one or MUST one or granting THEREFORE it is ORDERED AND ADJUDGED: one or or date or dates one or owner and beneficiary one or or one specify one one or or Specify other person(s) and issue(s) one or or Specify other person(s) and issue(s) one not one or one or one or specify one or one one or or one or one or or name of trust date one or or specify owner one or or name date Petitioner or their attorney Respondent or their attorney (if represented) (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or NOTE: Default BOTH PLACES must FINAL JUDGMENT MODIFYING CHILD SUPPORT THIS CAUSE one or or $date one or one or OR OR 61.30 one or MUST 61.30 not 61.30 one or 61.30 one or one or one or one or one or one or one or MUST one or one or one or granting one or one or one one or one or or one or one or or name trust date one or or specify owner one or or one or name date Petitioner or their attorney (if represented) Respondent or their attorney (if represented) Other IF A NONLAWYER HELPED YOU FILL OUT THIS FORM TO GIVE TO THE JUDGE TO SIGN, THE NONLAWYER WHO HELPED YOU MUST FILL IN THE BLANKS BELOW: all name of nonlawyer street city state phone name one or I. INTRODUCTION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (DIVORCE) important both the husband and the wife Please carefully follow read and understand You should note only assist not permitted legal rights legal consequences also prohibited not explain do not ask simple, inexpensive very limited circumstances who may use yourself. not give you advice unless protect you IF THERE IS ANY DOUBT IN YOUR MIND OR YOUR SPOUSE'S CONCERNING A LEGAL QUESTION ABOUT EITHER YOUR RIGHT TO DIVORCE OR ANY PROPERTY RIGHTS OR TAX CONSEQUENCES, IT IS STRONGLY RECOMMENDED THAT THE SERVICES OF AN ATTORNEY BE OBTAINED. IF YOU DO NOT KNOW AN ATTORNEY, YOU SHOULD CONTACT THE LAWYER REFERRAL SERVICE LISTED IN THE YELLOW PAGES OF THE TELEPHONE BOOK. IF YOU ARE FINANCIALLY UNABLE TO AFFORD THE SERVICES OF AN ATTORNEY, YOU SHOULD CONTACT THE LEGAL AID OFFICE IN YOUR AREA OR ASK YOUR LOCAL BAR ASSOCIATION FOR A REFERRAL TO AN APPROPRIATE PERSON OR AGENCY. II. WHAT IS THIS APPENDIX ABOUT? Simplified Dissolution of Marriage. divorce dissolution. regular dissolution of marriage. simplified dissolution of marriage. and and and Petition for Simplified Dissolution of Marriage entire appendix III. ARE YOU SURE YOUR MARRIAGE CAN'T BE SAVED? Do you want professional help in working out ways to save your marriage? If you believe your marriage can be saved, IV. SOME TERMS YOU NEED TO KNOW V. DIFFERENCES BETWEEN SIMPLIFIED AND REGULAR DISSOLUTION OF MARRIAGE regular dissolution simplified dissolution of marriage regular dissolution, In a simplified dissolution, there is no trial and no appeal. regular dissolution, With a simplified dissolution neither husband nor wife can receive alimony very important VI. WHO CAN USE THE SIMPLIFIED DISSOLUTION OF MARRIAGE PROCEDURE? VII. WHAT STEPS DO YOU HAVE TO GO THROUGH TO GET A SIMPLIFIED DISSOLUTION OF MARRIAGE? VIII. WHAT SHOULD BE INCLUDED IN THE FINANCIAL AFFIDAVIT? Income Assets Liabilities DOING THE MATH Hourly wage Daily wage Weekly wage Bi-weekly wage Semi-monthly wage Bi-monthly wage Quarterly wage Semi-annual wage Annual wage HELPFUL FACTS IX. WHAT SHOULD BE INCLUDED IN THE PROPERTY SETTLEMENT AGREEMENT? WARNING X. SHOULD YOU SEE A LAWYER? MUST YOU HAVE A LAWYER TO GET A DIVORCE WITH THE SIMPLIFIED DISSOLUTION OF MARRIAGE PROCEDURE? IF YOU WANT LEGAL ADVICE, DOES THAT MEAN YOU HAVE TO HIRE A LAWYER? DO YOU HAVE TO ACCEPT THE ATTORNEY'S ADVICE? HOW CAN AN ATTORNEY HELP YOU WITH THE SIMPLIFIED DISSOLUTION OF MARRIAGE PROCEDURE? WHERE CAN YOU FIND AN ATTORNEY? XI. SOME GENERAL ADVICE WHAT ABOUT INCOME TAXES? WHAT ABOUT BANK ACCOUNTS AND CREDIT CARDS? WHAT ABOUT REAL ESTATE? WHAT ABOUT CARS? WHAT IF YOUR SPOUSE DOESN'T PAY HIS OR HER DEBTS? CAN THE WIFE TAKE BACK HER FORMER NAME? WHEN YOUR DIVORCE IS FINAL, ALL YOUR RIGHTS AND DUTIES CONNECTED WITH YOUR MARRIAGE HAVE ENDED AND YOU CANNOT APPEAL. IF, HOWEVER, YOU DECIDE LATER THAT YOU WERE CHEATED OR PRESSURED BY YOUR SPOUSE, OR IF YOU BELIEVE THAT A MISTAKE WAS MADE IN THE PAPERWORK CONNECTED WITH THE DISSOLUTION THE COURT MAY BE ABLE TO SET ASIDE THE DIVORCE. XII. SPECIAL INSTRUCTIONS FOR ___________ COUNTY HUSBAND AND WIFE HUSBAND AND WIFE HUSBAND'S AND WIFE'S HUSBAND AND WIFE petition for simplified dissolution of marriage AND, final hearing, BOTH HUSBAND AND WIFE Identification Cards may be obtained if: Persons applying for Identification Cards must produce: 61.052 61.30 61.075 61.08 one or all or 61.30 61.30 61.13 61.30 CHILD SUPPORT WORKSHEET CHILD SUPPORT SUMMARY $ 606.00 10. Statutory Child Support Obligation [Add lines 7 8 9] $ 506.07 $ 399.94 14. Total Child Support Responsibility fn__ $ 406.07 $ 399.94 SECTION I-CHILDREN SECTION II-ADDITIONS TO THE BASIC OBLIGATION $100.00 $200.00 TOTAL ADDITIONS TO THE BASIC OBLIGATION $300.00 SECTION III-GROSS MONTHLY INCOME TOTAL GROSS MONTHLY INCOME $1204.00 $860.00 SECTION IV-MONTHLY DEDUCTIONS TOTAL MONTHLY DEDUCTIONS $ 204.10 $ 69.79 SECTION V-STATUTORY ADJUSTMENTS TOTAL ADJUSTMENTS $ 0.00 $ 0.00 Hourly wage Daily wage Weekly wage Bi-weekly wage Semi-monthly wage Bi-monthly wage Quarterly wage Semi-annual wage Annual wage, If the judge signs Family Law Form 12.980(d), The Temporary Injunction for Protection Against Domestic Violence (Ex Parte), If the judge signs Family Law Form 12.980(d), The Temporary Injunction Against Domestic Violence (Ex Parte), If the judge signs Family Law Form 12.980(e), The Injunction for Protection Against Domestic Violence (After Notice), 741.30 If there is something you do not understand, have an attorney explain it to you.
See Appendix 2 for what is marital and what is nonmarital
See Appendix 2 for more on what is a marital or nonmarital asset and debt.
If there is a claim for contingent liabilities, it should be set forth in a separate schedule attached.
give account numbers for all credit cards and loans
If the report is served by mail, you have an additional 5 days.
CONFIDENTIAL FOR SAFETY, INSTEAD NOTIFY CLERK OF COURT WHEN
(DO NOT ENTER IF ADDRESS OR PHONE NUMBER NEEDS TO BE KEPT FILING THIS PAPER)
RESIDENCE OR PHONE IS TO BE KEPT CONFIDENTIAL FOR SAFETY, INSTEAD
(DO NOT ENTER IF RESIDENCE IS WITH PETITIONER AND NOTIFY CLERK OF COURT WHEN FILING THIS PAPER)
give account number for each credit card
If recurring income is not sufficient to meet the needs of the child(ren), the Court may order support to be paid from non-recurring income or assets. The court also may order the obligor to pay the clerk's fee for payments ordered to be paid through the Central Governmental Depository.