Form 12.913(A)(1) "Notice of Action for Dissolution of Marriage (No Child or Financial Support)" - Florida

What Is Form 12.913(A)(1)?

This is a legal form that was released by the Florida Courts - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on November 1, 2015;
  • The latest edition provided by the Florida Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.913(A)(1) by clicking the link below or browse more documents and templates provided by the Florida Courts.

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Download Form 12.913(A)(1) "Notice of Action for Dissolution of Marriage (No Child or Financial Support)" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.913(a)(1)
NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR
FINANCIAL SUPPORT)
(11/15)
When should this form be used?
This form may be used to obtain constructive service (also called service by publication) in a dissolution of
marriage case that does not involve a minor child or financial support if you do not know where your
spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service.
Constructive notice will allow the court to dissolve the marriage, but personal service is required before a
court can order payment of financial support, such as spousal support (alimony) or costs. If you are asking
the court to decide how real or personal property located in Florida should be divided, the Notice of
Action must include a specific description of the property. If you use constructive service, the court can
grant only limited relief because its jurisdiction is limited. This is a complicated area of the law and you
should consult an attorney before using constructive service.
You should complete this form by typing or printing the appropriate information in black ink. You should
insert your spouse’s name and last known address and then file this form with the clerk of the circuit court
in the county where your petition for dissolution of marriage was filed. You must also complete and file an
Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). You
should keep a copy for your records.
After the Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b), is
filed, the clerk will sign this form. The form must then be given to a qualified local newspaper in the
county where the case is pending to be published once each week for four consecutive weeks. When in
doubt, ask the clerk which newspapers in your area are “qualified.” The newspaper will charge you for this
service. If you cannot afford to pay the cost of publication of this notice in a qualified newspaper, you may
ask the clerk to post the notice at a place designated for such postings. You will need to file an Application
for Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk determines
that you cannot afford these costs, the clerk will post the notice of action.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure,
and chapter 49, Florida Statutes.
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Dissolution of
Marriage (No Child or Financial Support) (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.913(a)(1)
NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR
FINANCIAL SUPPORT)
(11/15)
When should this form be used?
This form may be used to obtain constructive service (also called service by publication) in a dissolution of
marriage case that does not involve a minor child or financial support if you do not know where your
spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service.
Constructive notice will allow the court to dissolve the marriage, but personal service is required before a
court can order payment of financial support, such as spousal support (alimony) or costs. If you are asking
the court to decide how real or personal property located in Florida should be divided, the Notice of
Action must include a specific description of the property. If you use constructive service, the court can
grant only limited relief because its jurisdiction is limited. This is a complicated area of the law and you
should consult an attorney before using constructive service.
You should complete this form by typing or printing the appropriate information in black ink. You should
insert your spouse’s name and last known address and then file this form with the clerk of the circuit court
in the county where your petition for dissolution of marriage was filed. You must also complete and file an
Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). You
should keep a copy for your records.
After the Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b), is
filed, the clerk will sign this form. The form must then be given to a qualified local newspaper in the
county where the case is pending to be published once each week for four consecutive weeks. When in
doubt, ask the clerk which newspapers in your area are “qualified.” The newspaper will charge you for this
service. If you cannot afford to pay the cost of publication of this notice in a qualified newspaper, you may
ask the clerk to post the notice at a place designated for such postings. You will need to file an Application
for Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk determines
that you cannot afford these costs, the clerk will post the notice of action.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure,
and chapter 49, Florida Statutes.
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Dissolution of
Marriage (No Child or Financial Support) (11/15)
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving pleadings
by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of
Judicial Administration 2.516. You may find this rule at
www.flcourts.org
through the link to the Rules of
Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Special notes...
If the other party fails to respond to your petition within the time limit stated in the notice of action that is
published or posted, you are entitled to request a default. (See Motion for Default, Florida Supreme Court
Approved Family Law Form 12.922(a), and Default, Florida Supreme Court Approved Family Law Form
12.922(b).)
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these
forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of
Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also
must put his or her name, address, and telephone number on the bottom of the last page of every form he
or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Dissolution of
Marriage (No Child or Financial Support) (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division: __________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE
(NO CHILD OR FINANCIAL SUPPORT)
TO: {name of Respondent} ____________________________________________________________________
{Respondent’s last known address} ___________________________________________________________
YOU ARE NOTIFIED that an action for dissolution of marriage has been filed against you and that you are
required to serve a copy of your written defenses, if any, to it on {name of Petitioner}
_______________________________________________________________________________________,
whose address is _________________________________________________________________________
on or before {date} _________________, and file the original with the clerk of this Court at {clerk’s address}
_______________________________________________________________________________________
before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered
against you for the relief demanded in the petition.
The action is asking the court to decide how the following real or personal property should be divided:
{insert “none” or, if applicable, the legal description of real property, a specific description of personal
property, and the name of the county in Florida where the property is located}
_______________________________________________________________________________________
Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit Court’s
office. You may review these documents upon request.
You must keep the Clerk of the Circuit Court’s office notified of your current address. (You may file
Designation of Current Mailing and E-Mail Address, Florida Supreme Court Approved Family Law Form
12.915.) Future papers in this lawsuit will be mailed or e-mailed to the address(es) on record at the
clerk’s office.
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.
Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No Child
or Financial Support)(11/15)
Dated: _______________________
CLERK OF THE CIRCUIT COURT
By: ___________________________________________
Deputy Clerk
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the Petitioner.
This form was completed with the assistance of:
{name of individual}, ___________________________________________________________________,
{name of business}_____________________________________________________________________,
{address} ____________________________________________________________________________,
{city}_________________,{state} _____, {zip code}_________,{telephone number}_________________.
Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Dissolution of Marriage (No
Child or Financial Support)(11/15)
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