In re Amendments to the Florida Family Law Rules of Procedure
Docket: No. SC00-345
Court: Supreme Court of Florida; October 19, 2000; Florida; State Supreme Court
The Family Law Rules Committee has submitted its quadrennial report proposing amendments to several Florida Family Law Rules of Procedure, specifically rules 12.140, 12.405, 12.490, 12.560, and 12.610, along with forms 12.910(a), 12.930(b), and 12.930(c). The Board of Governors of The Florida Bar recommends approval of these proposals, which were published for comment, resulting in two filed comments. After considering these comments and hearing oral arguments, the Court adopts many of the proposed amendments but excludes technical changes.
Rule 12.140, concerning defenses, currently cites Florida Rule of Civil Procedure 1.140. The committee's proposal adds a requirement for hearings on all matters specified in rule 12.010(a)(1), except in cases where one party has died and the other admits that the marriage is irretrievably broken. The committee's rationale includes alignment with section 61.052(2), Florida Statutes, but the Court expresses concern that the amendment may require unnecessary hearings in various family matters, not just dissolution of marriage cases. The Court finds the proposed amendment inconsistent with previous decisions, particularly Fernandez v. Fernandez and Gaines v. Sayne, and therefore rejects it, along with alternative language suggested by the Family Court Steering Committee.
The committee also proposes a new rule 12.405, which mandates that all ex parte hearings in family law matters be stenographically reported or electronically recorded. The costs of these recordings will initially be borne by the party initiating the proceedings but may later be assessed as court costs. If reported stenographically, the court reporter's contact information must be filed with the court on the hearing date, and if recorded, the recording must also be filed on that date.
Attorney Doris I. Sanders expressed concerns regarding a proposed new rule that could deter pro se petitioners from seeking domestic violence protection due to perceived high costs. Logistically, the rule might impose an unreasonable requirement for family law attorneys to have court reporters present for hearings without prior notice. There are also apprehensions about the term "ex parte," which could lead to inappropriate communications between judges and litigants. While acknowledging the committee's aim to uphold judicial integrity and protect rights, these concerns are deemed relevant across various legal proceedings, not just family law. Consequently, the proposed rule 12.405 is not adopted, but a collaborative review involving multiple rules committees is encouraged.
In rule 12.490, no changes are made, but new commentary is rejected. Rule 12.560 is amended to align with Florida Rule of Civil Procedure 1.560 while considering family law specifics. Rule 12.610 is updated to match statutory language regarding temporary injunctions, ensuring that any amendments to petitions are treated as originally filed. Minor amendments are made to forms 12.910(a) and 12.930(b) and (c) for clarity and specificity regarding property identification. The committee’s proposals are approved with modifications, effective January 1, 2001, at 12:01 a.m. The committee notes are for explanatory purposes and not officially adopted. Appreciation is expressed to the rules committee and Attorney Sanders for their contributions.
In cases where a final judgment awards monetary damages, the judge must include an enforcement paragraph upon request from the prevailing party. This paragraph mandates that the judgment debtor must complete the Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet) under oath and serve it to the judgment creditor or their attorney within 45 days, unless the judgment is satisfied or post-judgment discovery is stayed. The court retains jurisdiction to compel compliance with this requirement.
Additionally, if the judgment creditor requests it during a duly noticed hearing, the court may require the judgment debtor to provide details about the assets of their spouse, but only if there is a sufficient basis established for such discovery.
The judgment debtor is also obligated to file a notice of compliance with the court and serve a copy to the judgment creditor or their attorney following the completion of Form 1.977.
The 2000 amendment notes that subdivisions concerning compliance and asset disclosure were added to the Florida Rules of Civil Procedure, aligning them with Florida Small Claims Rules. It emphasizes that while broad financial discovery is permissible, inquiries into a spouse's assets require a proper predicate in family law contexts.
Regarding injunctions for domestic and repeat violence, the applicable rules specify that any individual can file a petition for protection against domestic violence if they certify under oath their relationship to the respondent and that they face imminent danger of various forms of violence, detailing the specific facts supporting their request.
Any individual can file for an injunction against repeat violence by certifying under oath that they have experienced two incidents of violence—such as assault, battery, sexual battery, or stalking—one of which must have occurred within six months prior to the petition. The petitioner must also affirm that the facts provided are true.
For service of petitions, personal service by a law enforcement agency is mandatory for both domestic violence and repeat violence cases. The clerk of the court is responsible for providing copies of the necessary documents—including the petition, financial affidavit (if applicable), and notice of hearing—to the appropriate law enforcement agency for prompt service.
Upon filing a petition, the court is required to schedule a hearing at the earliest opportunity. If a petition for an ex parte injunction is denied, the court must issue a written order explaining the grounds for denial. If the denial is solely based on the absence of immediate danger, a full hearing must be set promptly. Petitioners retain the right to amend their petitions or be heard in person.
The court clerk or designated personnel must provide simplified forms and assistance for individuals seeking injunctions. Additionally, petitioners can confidentially file their addresses for safety reasons, with the court determining the necessity for confidentiality as outlined in relevant judicial rules.
For injunctions, a temporary injunction can be issued ex parte if there is evidence of imminent danger. The court may limit evidence to verified pleadings or affidavits during the ex parte hearing but can also take additional sworn testimony if required. If the respondent is present or has been notified, a hearing on the petition may be held. Amendments to verified petitions are treated as if they were originally filed. For permanent injunctions, a full evidentiary hearing is necessary.
Issuing injunctions under Florida law involves standardized forms approved by the Florida Supreme Court for both temporary and permanent injunctions related to repeat and domestic violence, as outlined in chapters 741 and 784 of the Florida Statutes. Additional provisions may be incorporated into these forms with the chief judge's written approval and final review by the Chief Justice. Once approved, these provisions must be shared with relevant committees.
No bond is required for obtaining an injunction for protection against domestic or repeat violence, and the court clerk is responsible for providing certified copies of the injunction order for service.
For service of injunctions, temporary injunctions must be personally served. If a respondent, previously served, fails to appear at the initial hearing, subsequent pleadings may be sent via certified mail instead of personal service. Permanent injunctions can be acknowledged in writing by the parties present at the hearing; if a party refuses to acknowledge receipt, the clerk must mail certified copies to the last known addresses. The clerk must also document the service method and notify the sheriff within 24 hours.
Temporary injunctions are effective for up to 15 days, with a full hearing required before expiration. Continuance may be granted for good cause. Permanent injunctions remain effective either for a specified period or until further court order, with the possibility of extensions based on the victim's petition and the court's discretion, without needing specific allegations for such extensions.
Enforcement of injunctions for protection against domestic or repeat violence can occur through civil or criminal contempt proceedings, governed by rules 12.570 and 3.840 respectively, or may be prosecuted as a crime under Florida Statutes if the violation meets specific criteria. Parties involved can file motions to modify or vacate the injunction at any time, with service governed by subdivision 12.610(b)(2). For unrepresented parties, service must comply with rule 12.070, or proof of personal receipt must be filed. The court clerk and intake personnel are required to provide simplified forms and assist in preparing affidavits related to violations of injunctions.
The rule is designed to implement and be consistent with sections 741.30 and 784.046 of the Florida Statutes regarding injunctions for domestic and repeat violence. It allows for the pursuit of injunctions regardless of other pending actions, though any such actions must be noted in the petition. The court's relief options for temporary or permanent injunctions are detailed in the respective statutes, with specific forms to be used for petitions. If child custody is involved, a Uniform Child Custody Jurisdiction Act affidavit is required, along with financial affidavits if alimony or child support is sought.
Additionally, the evidence limitation at ex parte hearings is made permissive to address due process concerns. Unlike traditional injunctions, no bond is required for injunctions related to domestic or repeat violence, and there is no specific requirement for the number of copies for service.
Subdivision (c)(3)(A) standardizes the procedure for serving temporary orders of injunctions for domestic and repeat violence, replacing inconsistent requirements from Florida Statutes sections 741.30(7)(b)3, (7)(e)1, and 784.046(8)(a)1. Subdivision (c)(3)(B) similarly aligns the service procedure for permanent injunctions, clarifying that mail service is effective only for parties present at the hearing that issued the injunction, addressing inconsistencies in sections 741.30(7)(a)3, (7)(c)1, and 784.046(8)(c)1.
Subdivision (c)(4)(A) expands on existing statutes to allow courts to extend temporary injunctions for good cause, including failure to obtain service, thereby creating uniform procedures for domestic and repeat violence cases. Subdivision (c)(4)(B) further ensures identical procedures for both types of cases, resolving statutory inconsistencies. In cases involving subsequent actions under chapter 61, injunction provisions are subordinate to orders from those actions as stated in section 741.30(l)(c).
Subdivision (c)(5) implements enforcement procedures for injunctions against domestic and repeat violence, mandating adherence to section 741.31(1) for violations, and directing petitioners to contact the circuit court clerk for enforcement information. Subdivision (c)(7) expands the roles in assisting petitioners to include the court's intake unit, further standardizing procedures across domestic and repeat violence cases.
The 1997 Committee Note mandates the use of standardized injunction forms to facilitate law enforcement's enforcement efforts, allowing for local circuit adaptations that do not conflict with mandatory rules. The instructions for Florida Family Law Rules of Procedure Form 12.910(a) detail the necessity of personal service at the lawsuit's initiation, outlining service methods, including personal service, mail, and constructive service, noting that relief may be limited with constructive service.
Certain legal documents must be served through personal service when feasible. Personal service requires that a summons and accompanying documents be delivered directly to the other party by a deputy sheriff or a certified private process server. This method is mandatory for all petitions, including modification petitions, and cannot be executed by the individual filing the documents or through mail or hand delivery. Service must occur in the county where the other party resides or works.
For initiating a lawsuit, the petitioner must complete a summons and a Process Service Memorandum (Florida Supreme Court Approved Family Law Form 12.910(b)), which must be filed with the circuit court clerk. The clerk will sign the summons, which must then be submitted to the sheriff's office or a private process server. If the other party lives in the same county as the filing, the clerk can forward the papers to the sheriff for service, and the petitioner may need to provide a stamped envelope for proof of service.
The petitioner should inquire about local service procedures and the sheriff's fees, which must be paid via cashier’s check or money order, as personal checks are not accepted. If using a private process server, the signed summons and necessary documents must be delivered to them, and they will charge a fee. The private process server must file proof of service with the clerk after completing the service. Waivers for service costs may be available for those who are indigent.
If the other party resides in a different county, service must be executed by either a sheriff or a certified private process server in that county. A copy of the papers to be served must be attached to the summons along with the Process Service Memorandum (Florida Supreme Court Approved Family Law Form 12.910(b)). The clerk may send the papers to the sheriff's office, or the individual may need to send them directly. A stamped envelope addressed to the sender must be provided for the sheriff to return proof of service. After receiving proof of service, it must be filed with the clerk. Payment for sheriff service requires a cashier’s check or money order, as personal checks are not accepted, and fees may be waived for indigent individuals.
For private process servers, the summons must also be taken to the clerk's office for signing. The individual must provide the summons, initial petition, other papers, and the Process Service Memorandum to the private server, who will charge a fee. Proof of service from the private server must be filed with the clerk after service is completed.
If the other party cannot be located or does not reside in Florida, service by publication may be used, but courts have limited jurisdiction in such cases. It’s essential to include in the petition a statement about the other party's prior residency in Florida if applicable. The complexities of this area of law may necessitate consulting an attorney.
After service, the date and time must be recorded on the original summons and copies. The person serving the documents must file proof of service with the clerk, which is the responsibility of the individual seeking service to ensure is included in the case file.
More information can be found in "General Information for Self-Represented Litigants" at the start of the forms. Refer to chapters 48 and 49 of the Florida Statutes and rule 1.070 of the Florida Rules of Civil Procedure for details on service of process. Specific instructions are provided for the Notice of Action for Dissolution of Marriage (Form 12.913(a)) and the Affidavit of Diligent Service (Form 12.913(b)).
If service on the other party is not achieved within 120 days of filing, the court will dismiss the lawsuit unless a good cause is shown. Regular follow-up with the clerk is advised if a local sheriff is serving the papers, and updates may be needed for the server on the other party's address. Proof of service must be filed with the clerk immediately once received.
If the other party does not respond within 20 days of service, a default can be requested, following the instructions in Motion for Default (Form 12.922(a)) and Default (Form 12.922(b)). A Nonmilitary Affidavit (Form 12.912(b)) must be filed before a default is granted.
Nonlawyers assisting in filling out forms must provide a Disclosure from Nonlawyer (Form 12.900(a)), and include their contact information on each completed form.
The summons outlines that the party served has 20 calendar days to file a written response with the court, warning that failure to do so may result in losing the case and potential wage or property garnishment. It encourages contacting an attorney or legal aid for assistance. Copies of court documents are available at the Clerk of the Circuit Court, and parties must keep the clerk informed of their current address, with the option to file a Notice of Current Address (Form 12.915).
All future documents related to this lawsuit will be mailed to the address on record at the clerk's office. Under Rule 12.285 of the Florida Family Law Rules of Procedure, there is a mandatory automatic disclosure of documents and information, with non-compliance potentially leading to sanctions, such as dismissal or striking of pleadings. The recipient has 20 days from receipt of this notification to respond in writing to the attached complaint and file it with the court. A mere phone call is insufficient to protect rights; a written response must include the case number and names of the parties involved. Failure to respond timely may result in losing the case, as well as possible garnishment of wages or seizure of property without further notice from the court. Legal assistance is recommended, and if the individual does not know an attorney, they can contact legal aid services listed in the phone directory. If the individual opts to respond personally, they must also mail or deliver a copy of their response to the party serving this notice. All court documents related to the case are available at the Circuit Court Clerk's office, and the individual must keep the clerk's office informed of their current address, which can be updated using Florida Supreme Court Approved Family Law Form 12.915.
When filing a written response to a citation, a copy must be simultaneously sent to the party that issued the citation. The name and address of this party must be provided. Photocopies of all court documents related to the case are available at the clerk's office upon request. It is essential to notify the clerk of your current address, as all future correspondence will be sent there. Florida Family Law Rule 12.285 mandates the provision of specific information and documents to the opposing party, with failure to comply potentially resulting in sanctions, including the dismissal of pleadings.
Sheriffs in Florida are instructed to serve the summons and complaint to the named individual. The document includes instructions for using Florida Family Law Rules of Procedure Form 12.930(b) for standard interrogatories, which are written questions the other party must answer. These questions should pertain to the case and cannot be posed before filing the petition. The form should be completed in black ink, specifying which questions need responses, and must be accompanied by a Notice of Service of Standard Family Law Interrogatories. While the form itself does not need to be filed with the court, the notice must be filed to inform the court of the service to the other party. Additional questions beyond the standard ones can be included, typed or printed on a separate sheet. It is recommended to consult the “General Information for Self-Represented Litigants” and relevant procedural rules for further guidance.
Permission from the judge is required if more than 10 additional interrogatory questions are to be asked. Generally, the responding party must provide written answers to interrogatories within 30 days of service, mailing their responses to the requesting party. Answers should be written in the designated spaces, with additional papers allowed if necessary. Responses must be complete and made under oath or affirmation. Each question needs a separate answer, and objections must be stated with legal reasons in the provided space. The responding party may seek a protective order from the court to avoid answering certain questions due to potential annoyance, embarrassment, or undue burden. Failure to respond or object within 30 days may result in court sanctions. Nonlawyers assisting in form preparation must provide a Disclosure from Nonlawyer and include their contact information on each completed form. The document also outlines specific interrogatories related to background, education, employment, as well as assets and liabilities, with a requirement for truthful, sworn responses. Each question must be answered thoroughly, with an emphasis on clarity and completeness.
Provide comprehensive information regarding employment and business activities over the last three years, including:
1. **Employment Details:**
- Employer's name, address, and phone number.
- Employment dates.
- Job title and description of duties.
- Starting and ending salaries.
- Direct supervisor's name.
- All benefits received, such as insurance, expense reimbursements, and pension plans.
2. **Other Business Activities:**
- For any non-employee business activities in the past three years, disclose:
- Name, address, and phone number of each activity.
- Dates of involvement.
- Position title and description of activities.
- Starting and ending compensation.
- Names of all individuals involved.
- Benefits and compensation similar to those listed above.
3. **Unemployment:**
- Dates of any unemployment within the last three years. If continuously employed, provide details for the last job.
4. **Assets:**
- **Real Estate:**
- Address or legal description of owned properties in the last three years.
- Co-owners and their percentage of interest.
- Purchase price, improvement costs, depreciation, and market values at separation and petition filing.
- **Tangible Personal Property:**
- List of items exceeding a fair market value of $100, including vehicles and collectibles.
- Percentage and type of interest held, co-owners, acquisition date, purchase price, and market values at separation and petition filing.
- **Intangible Personal Property:**
- Items owned or previously owned, excluding cash management accounts, such as stocks and business interests.
- Percentage and type of interest held.
The document outlines requirements for financial disclosures in a legal proceeding, specifically regarding interests and debts. Key points include:
1. Identification of all individuals or entities with a financial interest or those indebted to the respondent, including names and addresses.
2. Details about the acquisition of interests, including the date of acquisition, purchase price, or amount loaned.
3. Fair market valuations at three critical times: currently, at the date of separation, and at the date of the dissolution petition filing. If acquisition dates, prices, or market values are not clear from provided statements, separate answers are required.
4. For financial accounts (checking, savings, etc.), respondents must disclose:
- Names and addresses of institutions.
- Account names and numbers.
- Authorized persons for withdrawals.
- Highest and lowest balances over the past three years.
Respondents may submit periodic statements for the past three years instead of individual disclosures.
5. For closed accounts in the last three years, similar information is required, including the date of closure.
6. For interests in estates, trusts, insurance policies, or annuities, beneficiaries must provide:
- Identification of the interest.
- Nature, amount, and frequency of distributions.
- Total value of the interest and its vested or contingent status.
7. If the respondent is a trust creator or trustee, details about the trust’s establishment, trustees, beneficiaries, and asset values must be disclosed.
Additionally, specifics regarding canceled life insurance policies are referenced but not elaborated upon in the excerpt.
Provide detailed information for all life insurance policies held in the last three years that are no longer owned or held, including: the issuing company and policy number, agent's contact information, coverage amount, insured and policy owner's names, beneficiaries, premium amount, surrender date, and any distributed funds.
For financial record keepers, supply the names, addresses, and contact numbers of your accountant, bookkeeper, or others with access to your financial records, along with the specific records they hold.
For safe deposit boxes or similar depositories, disclose the names and addresses of all banks or depositories used in the past three years, including details about ownership, access, and maintenance. List identification numbers, individuals with access, possession of keys or combinations, items removed (with current location and fair market value), and all contents with their respective fair market values.
Regarding liabilities, for all loans and debts (excluding credit cards), provide the creditor's name and address, the name under which the obligation was incurred, loan or account numbers, security details, payment schedules, current balances, total arrearage, and balances at separation and at the petition filing date. For credit cards and charge accounts, include similar information along with authorized signers, account numbers, and balance history for the past three years. You may submit account statements for the preceding three years to fulfill these requirements, excluding previously provided documents under rule 12.285.
To comply with interrogatory 5.b, provide copies of all periodic account statements (monthly, quarterly, semi-annual, or annual) for the past three years for each financial account, including closed credit cards and charge accounts with no remaining balance. For such accounts, disclose: 1) creditor names and addresses, 2) account names, 3) account numbers, 4) authorized signers, 5) the date the balance was paid off, and 6) the amount of the final balance. Interrogatory 5.c also requires the same periodic account statements for the past three years without resubmitting previously furnished statements under rule 12.285.
Section 6 outlines miscellaneous requirements: a) for claims of special equity in assets, list the asset, claimed amount, and supporting facts; b) for nonmarital asset or liability claims, list the asset/liability and supporting facts; c) if a spouse or child's mental or physical condition is pertinent, identify the individual and their healthcare providers; d) if custody of minor children is contested, state reasons and supporting facts for claiming primary residential parent status.
If a short form affidavit (Form 12.902(b)) was filed and a long form affidavit (Form 12.902(c)) has been specifically requested, it must be submitted within the timeframe for answering the interrogatories. The document must be certified as sent to the opposing party or attorney, and the signer affirms the truthfulness of the responses under oath, acknowledging potential penalties for false statements.
Instructions specify that this form is to be used for requesting written answers to standard questions relevant to the case, known as interrogatories.
If the other party does not respond to interrogatories, a request can be made to the judge to compel an answer, but such questions cannot be posed until after the petition is filed. The interrogatories are intended for modification proceedings and should complement the Financial Affidavits per Florida Family Law Rules Forms 12.902(b) or (c). Review the form to identify necessary questions that the other party should answer, excluding those already known. The form must be completed in black ink and include a designated box indicating the questions requested. Two copies of the form and the Notice of Service of Standard Family Law Interrogatories (Form 12.930(a)) should be sent to the other party, with one copy retained for personal records. Filing the interrogatories is not required, but the Notice of Service must be filed to inform the court of service. Additional information can be found in “General Information for Self-Represented Litigants” and the instructions for Form 12.930(a), as well as relevant Florida Family Law and Civil Procedure rules.
Up to 10 extra questions may be included on a separate sheet, but more than 10 requires judicial permission. The responding party must answer the interrogatories within 30 days, providing answers in the designated spaces, with the option to attach additional pages if necessary. Responses must be made under oath, and any objections must be stated legally in the space provided. A protective order may be requested from the court to avoid answering certain questions due to potential harassment or burden. Failure to respond or object within 30 days could result in court sanctions. Nonlawyers assisting in form completion must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on the forms they assist with.
Standard Family Law Interrogatories for modification proceedings in Florida require the party serving the interrogatories to complete specific questions aimed at gathering comprehensive information. The interrogatories focus on several areas:
1. **Background Information**: Including full legal name, alternate names, current residence, contact details, and date of birth.
2. **Education**: Details required include any business or professional licenses obtained since the last judgment, along with all educational experiences, specifying institutions, attendance dates, and degrees or certificates awarded or anticipated.
3. **Employment**: For each employment situation post-judgment, information must include employer details, employment dates, job title and responsibilities, salary information, supervisor's name, and benefits received. Additionally, any self-employment or business activities must also be documented similarly.
Answers to these questions must be provided under oath, ensuring accuracy and completeness. If space is inadequate, respondents may attach additional documents. It is emphasized that a copy of the responses should be kept for personal records.
Unemployment details must be provided, including dates if applicable; if not employed since the Final Judgment, details of the last employment period are required. For assets, real estate information should include property addresses or legal descriptions, along with co-owners' details and each property's fair market value. Tangible personal property, such as vehicles, jewelry, and collectibles valued over $100, must be listed with ownership interests, co-owners' information, and present values. Intangible personal property, excluding financial accounts, should be identified, including ownership interests and fair market values; documentation may substitute for detailed answers if it includes necessary purchase and valuation information. For financial accounts, details required include institution names, account holders, account numbers, authorized individuals for withdrawals, and balance history for the past three years or since the Final Judgment.
Compliance with interrogatory 4.d requires the submission of periodic account statements (monthly, quarterly, semi-annual, or annual) for all financial accounts for the past three years or since the entry of the relevant Final Judgment, whichever is shorter. Previously submitted statements under rule 12.285 do not need to be resubmitted. For closed accounts within the last three years, details must be provided, including the institution's name and address, account name, account numbers, authorized signatories, and the closure date.
For interests in estates, trusts, insurance policies, or annuities, the following information is required: identification of the interest, distribution details (nature, amount, frequency), total value of the beneficiary's interest, and whether it is vested or contingent. If the respondent has established any trust or serves as a trustee, they must disclose the trust's establishment date, trustees' names and addresses, beneficiaries' details, where trust documents are kept, and a list of assets held within the trust along with their fair market values.
Regarding liabilities, detailed information is required for all loans, debts, and obligations (excluding credit cards), including creditor names and addresses, account names, loan numbers, nature of security, payment schedules, current balances, and any arrears. Documentation must also include periodic account statements for the last three years or since the Final Judgment.
For credit cards and charge accounts, similar details must be provided, including creditor identification, account names, authorized signatories, account numbers, current balances, arrears, and historical balance data for the preceding three years or since the Final Judgment. Documentation for closed credit accounts is also required, following the same compliance guidelines.
All financial accounts (credit cards, charge accounts, etc.) closed with no remaining balance within the last three years, or since the entry of the Final Judgment sought to be modified, must be disclosed. Required information includes: 1) creditor's name and address, 2) account name, 3) account numbers, 4) names of authorized signers, 5) date balance was paid off, and 6) amount of final balance. Alternatively, compliance can be achieved by submitting account statements for the preceding three years or since the Final Judgment, without needing to resubmit previously provided statements.
For claims of diminished earning capacity affecting alimony or child support, detailed descriptions of reduced earning capacity and supporting facts are required, including reasons for job loss if unemployed. If claiming a change in mental or physical condition, detailed descriptions of the condition change, supporting facts, and health care provider information must be provided.
Requests for changes in parental responsibilities, residency, or parenting schedules for minor children must include detailed justifications for changes since the Final Judgment, including the timing and impact on the children, as well as a proposed parenting schedule. If opposing a requested change, detailed reasons for denial must be articulated, along with any alternative suggestions.
If a short form affidavit was filed, and a long form affidavit is requested, it must be submitted within the timeframe for responding to the interrogatories. Certification of document distribution is required.
The document outlines the requirements for parties involved in family law actions in Florida, including the necessity for truthful responses to interrogatories, as well as the potential consequences for providing false information. It specifies the procedural elements, such as the need for notarization and the involvement of nonlawyers in completing forms. The excerpt details the types of family law cases covered under Florida's Family Law Rules, which encompass dissolution of marriage, child custody, paternity, and domestic violence injunctions, among others.
It also explains the dissolution of marriage process under Section 61.052(2), specifying conditions under which a court can grant a dissolution judgment based on the irretrievable breakdown of marriage. If there are minor children or if the responding party contests the irretrievable breakdown, the court may require counseling, allow for reconciliation efforts, or take other appropriate actions. The court will issue a judgment of dissolution if it determines the marriage is irretrievably broken; otherwise, it will deny the petition. Finally, Judge Raymond T. McNeal recommends using the term "hearing without notice" instead of "ex parte hearing" for clarity in the legal context.
