Self-Help Packet For Dissolution Of Marriage With Property But No Dependent Or Minor Children Page 3
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1
2
3
4Where do I file the forms?
Once you have ? completed the Petition for Dissolution and other required documents (forms 1-10 above)
you must file the originals with the Family Law Clerk of Court located at the M.C. Blanchard Building, 190
nd
Floor, Pensacola, Florida ( (850) 595-4331. Keep a copy for your records.
Governmental Center, 2
Take the original plus one copy of the Petition for Dissolution to the clerk and tell them you want to serve
the respondent. A copy of the Petition will be attached to the Summons to be served on the respondent.
What do I do after I have filed?
The Clerk will issue the Summons along with attachments to the other party. You may also want to attach a
blank Financial Affidavit and Notice of Social Security Number to the Summons for the respondent to
complete. The Summons informs the respondent that he/she will have 20 days to respond to your petition.
If the respondent lives in Escambia County, take the summons with attachments to the Escambia County
Sheriff’s Office Civil Division for service of process on the respondent. The Sheriff’s Office will send a
Return of Service to you and to the Clerk of Court, stating whether the respondent was or was not served.
If the respondent lives in another county, he/she must be served by the Sheriff or a certified process server
in that county.
What if I want to stop the process or withdraw the petition?
If you decide not to pursue the petition and want to dismiss it, you can file form 12.927 Notice of Voluntary
Dismissal
with the Clerk of Court.
What if the respondent does not answer or file the necessary forms?
Once the respondent has been served or waived service, he/she will have 20 days to file an Answer to the
Petition of Dissolution of Marriage or an Answer and Counterpetition. If a Counterpetition is filed, you
may then file Form 12.903(d) Answer to the Counterpetition. If the respondent fails to answer your
original petition within the 20 days allowed, you may file Form 12.922(a) Motion for Default.
This
requests that the court allow you to proceed to a final hearing date.
If he/she responds but fails to file the
necessary documents within the 45 days allowed (e.g., financial affidavit, mandatory disclosure, etc.) or
attend the required parenting course, you may file a Motion to Compel to ask the court to require him/her
to file the forms and/or attend the course.
If you have used constructive service, you may also have to
request a waiver of financial documents with a Request to Waive form.
What if I cannot locate the respondent or he/she lives outside the state and cannot be personally served?
If you have no way of locating the respondent or he/she lives out of state and cannot be served with the
Petition for Dissolution of Marriage, you must use what is called constructive service or publication.
Constructive service is allowed only when the other party has never lived in Florida and you do not know
where they are.
If you have a last known Florida address, you must attempt personal service first, before
you can use constructive service. The requirements for service on the respondent are complex so please read
the information provided on service carefully. IMPORTANT: The Court may have limited jurisdiction in
your case if you used constructive service on the respondent. For constructive service you will need to file
the following with the clerk: Form 12.913(a) Notice of Action for Dissolution of Marriage and Form
12.913(b) Affidavit of Diligent Search and Inquiry. The Notice must be published with a qualified local
newspaper at least once per week for four (4) consecutive weeks (ask the clerk for a list of qualified
newspapers). In addition, if you do not know if the respondent is on active duty in the United States
Military, you will need to fill out form 12.912(a) Memorandum
for Certificate of Military Service and mail
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