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After Constructive Service...

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afazchas

Junior Member
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?
 


Gracie3787

Senior Member
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?
Take both the motion for default and the order for default to your court clerk's office. In my county, the court clerk handles those motions. Basically, they check the record to make sure that service was perfected, 20 or more days ago. Then they check to see if the respondent has filed an answer. If not, the clerk issues the default, then you'd be able to set a final hearing date.

Your county may be different, but the court clerk's office should be able to tell you if they handle it or not.

On the motion, where it asks regarding service, just write in "notice by publication".

I believe that your county has a self-help center, if they do, that can be a very valuable resource.
 

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