Jurisdiction: Florida; Sixth Judicial Circuit, Pinellas County
Question:
I'm in the process of a dissolution and after two years of searching and gathering research and an endless paper trail, I have successfully made it to the stage of constructive service! The notice was published on the 31st and I couldn't be more excited. Now I wait.
However in the interest of being prepared I have a few questions.
If my husband does not respond, I know I am to file a Motion of Default 12.922(a) and get the Default 12.922(b) approved after the affidavit from the paper is submitted. So:
A)What is the process for this? Obviously, I would file the Motion 12.922(a) but who handles the Default 12.922(b) form it self? Do I submit the form along with it to the C.O.C. to be approved? Or do they or the judge's office prepare this if and when the motion is granted?
B) On these two forms, options are given for the petitioner to certify that copies of the document are either a)mailed, b)faxed and mailed or c)hand
delivered to the defendant. How is this filled out if I have served via constructive service?
C) If the default is granted, what is the process of setting the date of the final hearing and who handles it? Do I request/schedule it, or is it assigned to me? Would I need to prepare the Notice of Hearing 12.923 and would this need to be published, because it requires the other party be sent a copy of it as well?
Question:
I'm in the process of a dissolution and after two years of searching and gathering research and an endless paper trail, I have successfully made it to the stage of constructive service! The notice was published on the 31st and I couldn't be more excited. Now I wait.
However in the interest of being prepared I have a few questions.
If my husband does not respond, I know I am to file a Motion of Default 12.922(a) and get the Default 12.922(b) approved after the affidavit from the paper is submitted. So:
A)What is the process for this? Obviously, I would file the Motion 12.922(a) but who handles the Default 12.922(b) form it self? Do I submit the form along with it to the C.O.C. to be approved? Or do they or the judge's office prepare this if and when the motion is granted?
B) On these two forms, options are given for the petitioner to certify that copies of the document are either a)mailed, b)faxed and mailed or c)hand
delivered to the defendant. How is this filled out if I have served via constructive service?
C) If the default is granted, what is the process of setting the date of the final hearing and who handles it? Do I request/schedule it, or is it assigned to me? Would I need to prepare the Notice of Hearing 12.923 and would this need to be published, because it requires the other party be sent a copy of it as well?