Filing a case ... A case begins with the filing of a petition. A petition is a

written request to the court for some type of legal action. The person who

originally asks for legal action is called the petitioner and remains the petitioner

throughout the case.

A petition is given to the clerk of the circuit court, whose office is usually

located in the county courthouse or a branch of the county courthouse. A case number

is assigned and an official court file is opened. Delivering the petition to the

clerk's office is called filing a case. A filing fee is usually required.

Once a case has been filed, a copy must be given to (served on) the respondent. The

person against whom the original legal action is being requested is called the

respondent, because he or she is expected to respond to the petition. The respondent

remains the respondent throughout the case.

Service ... When one party files a petition, motion, or other pleading, the other

party must be "served" with a copy of the document. This means that the other party

is given proper notice of the pending action(s) and any scheduled hearings. Personal

service of the petition and summons on the respondent by a deputy sheriff or private

process server is required in all original petitions and supplemental petitions,

unless constructive service is permitted by law. Personal service may also be

required in other actions by some judges. After initial service of the original or

supplemental petition and summons by a deputy sheriff or private process server,

service of most motions and other documents or papers filed in the case generally

may be made by regular U.S. mail or hand delivery. However, service by certified

mail is required at other times so you have proof that the other party actually

received the papers. The instructions with each form will advise you of the type of

service required for that form. If the other party is represented by an attorney,

you should serve the attorney and send a copy to the other party, except for

original or supplemental petitions, which must be personally served on the

respondent.

Other than the initial original or supplemental petitions, anytime you file

additional pleadings or motions in your case, you must provide a copy to the other

party and include a certificate of service. Likewise, the other party must provide

you with copies of everything that he or she files. Service of additional documents

is usually completed by U.S. mail. For more information, see the instructions for

Certificate of Service (General), Florida Supreme Court Approved

Family Law Form 12.914.

Forms for service of process are included in the Florida Family Law Forms, along

with more detailed instructions and information regarding service. The instructions

to those forms should be read carefully to ensure that you have the other party

properly served. If proper service is not obtained, the court cannot hear your case.

Note: If you absolutely do not know where the other party to your case lives or if

the other party resides in another state, you may be able to use constructive

service. However, if constructive service is used, other than granting a divorce,

the court may only grant limited relief. For more information on constructive

service, see Notice of Action for Dissolution of Marriage,

Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent

Search and Inquiry, Florida Family Law Rules of Procedure Form

12.913(b). Additionally, if the other party is in the military service of the United

States, additional steps for service may be required. See, for example, Memorandum

for Certificate of Military Service, Florida Supreme Court

Approved Family Law Form 12.912(a). In sum, the law regarding constructive service

and service on an individual in the military service is very complex and you may

wish to consult an attorney regarding these issues.

Default ... After being served with a petition or counterpetition, the other party

has 20 days to file a response. If a response to a petition is not filed, the

petitioner may file a Motion for Default, Florida Supreme Court

Approved Family Law Form 12.922(a), with the clerk. This means that you may proceed

with your case and set a final hearing, and a judge will make a decision, even if

the other party will not cooperate. For more information, see rule 12.080(c),

Florida Family Law Rules of Procedure.

Answer and counterpetition ... After being served, the respondent has 20 days to

file an answer admitting or denying each of the allegations contained in the

petition. In addition to an answer, the respondent may also file a counterpetition.

In a counterpetition, the respondent may request the same or some other relief or

action not requested by the petitioner. If the respondent files a counterpetition,

the petitioner should then file an Answer to Counterpetition,

Florida Supreme Court Approved Family Law Form 12.903(d), and either admit or deny

the allegations in the respondent's counterpetition.

Mandatory disclosure ... Rule 12.285, Florida Family Law Rules of Procedure,

requires each party in a dissolution of marriage to exchange certain information and

documents, and file a Family Law Financial Affidavit, << pencil>> <<SYM>> Florida

Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required

disclosure within the time required by the Florida Family Law Rules of Procedure may

allow the court to dismiss the case or to refuse to consider the pleadings of the

party failing to comply. This requirement also must be met in other family law

cases, except adoptions, simplified dissolutions of marriage, enforcement

proceedings, contempt proceedings, and proceedings for injunctions for domestic or

repeat violence. The Certificate of Compliance with Mandatory Disclosure,

Florida Family Law Rules of Procedure Form 12.932, lists the documents that

must be given to the other party. For more information see rule 12.285, Florida

Family Law Rules of Procedure, and the instructions to the Certificate of Compliance

with Mandatory Disclosure, Florida Family Law Rules of Procedure

Form 12.932.

Setting a hearing or trial ... Generally, the court will have hearings on motions,

final hearings on uncontested or default cases, and trials on contested cases.

Before setting your case for final hearing or trial, certain requirements such as

completing mandatory disclosure and filing certain papers and having them served on

the other party must be met. These requirements vary depending on the type of case

and the procedures in your particular jurisdiction. For further information, you

should refer to the instructions for the type of form you are filing.

Next, you must obtain a hearing or trial date so that the court may consider your

request. You should ask the clerk of court, or family law intake staff about the

local procedure for setting a hearing or trial, which you should attend. These

family law forms contain orders and final judgments, which the judge may use. You

should ask the clerk of court or family law intake staff if you need to bring one of

these forms with you to the hearing or trial. If so, you should type or print the

heading, including the circuit, county, case number, division, and the parties'

names, and leave the rest blank for the judge to complete at your hearing or trial.

See Florida Family Law Rules of Procedure Forms 12.910(a) and

12.913(b) and Florida Supreme Court Approved Family Law Form

12.913(a).

This section has been adapted from Fl. Fam. L.R.P. 12.750