Narrative Opinion Summary
The Supreme Court of Florida reviewed and adopted amendments to several forms related to family law cases, specifically those concerning the dissolution of marriage, effective retroactively from January 1, 2012. These amendments aimed to address procedural aspects of constructive service in cases involving minor children. However, the Court declined to adopt a proposed amendment to rule 12.070 and a new rule for the collaborative law process, citing pending legislative developments and concerns raised during public comments and oral arguments. The case also involved procedural requirements for constructive service, mandating the completion of an Affidavit of Diligent Search and Inquiry to locate absent parties. The Court emphasized the need for personal service in cases involving financial support and outlined the process for publishing notices when personal service is not possible. Additional instructions included provisions for nonlawyers assisting in the completion of legal forms, requiring them to provide their contact details and a disclosure form. The decision underscores the Court's intent to ensure procedural compliance and support for self-represented litigants navigating family law processes.
Legal Issues Addressed
Affidavit of Diligent Search and Inquirysubscribe to see similar legal issues
Application: Completion and filing of this affidavit is necessary for obtaining constructive service, requiring exhaustive efforts to locate the other party.
Reasoning: An Affidavit of Diligent Search and Inquiry, using Florida Family Law Rules of Procedure Form 12.913(b), must be completed and filed.
Amendments to Family Law Formssubscribe to see similar legal issues
Application: The Supreme Court of Florida adopted amendments to specific forms related to dissolution of marriage, effective retroactively as of January 1, 2012.
Reasoning: The Court adopted several amendments to specific forms related to dissolution of marriage: forms 12.913(a), 12.913(b), and 12.913(c), along with a new form 12.913(a)(2) for family cases involving minor children.
Collaborative Law Process in Dissolution Casessubscribe to see similar legal issues
Application: A proposed new rule for collaborative law process was not adopted, pending potential legislative developments and foundational structures.
Reasoning: Additionally, the Committee proposed a new rule, 12.745, for the collaborative law process in dissolution cases, but the Court decided against adopting this rule at present.
Constructive Service in Family Law Casessubscribe to see similar legal issues
Application: Forms for constructive service must be used when the whereabouts of the other party are unknown or if residing outside Florida, with specific instructions for minor children cases.
Reasoning: Constructive service may be utilized if the other party's whereabouts are unknown or if they reside outside Florida.
Nonlawyer Assistance in Legal Form Completionsubscribe to see similar legal issues
Application: Nonlawyers aiding in form completion must provide a disclosure form and include their contact information on each form.
Reasoning: Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on the forms.
Rejection of Proposed Rule Amendmentssubscribe to see similar legal issues
Application: The proposed amendment to rule 12.070 was not adopted due to concerns raised during the comment period and oral arguments.
Reasoning: However, the proposed amendment to rule 12.070 (Process) was not adopted due to concerns raised during the comment period and oral arguments.