Florida Diligent Search

Affidavit of Diligent Search & Inquiry

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.913(b), AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY

When should this form be used?

This form is to be used with Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), to obtain constructive service (also called service by publication) in a dissolution of marriage case.

This diligent search form includes a checklist of places you can look for information on the location of your spouse. While you do not have to look in all of these places, the court must believe that you have made a very serious effort (a diligent search) to get information about your spouse’s location and that you have followed up on any information you received.

Florida Diligent Search & Inquiry

This diligent search form should be typed or printed in black ink.

After completing this form, you should sign the diligent search form before a notary public or deputy clerk.

You should file the original diligent search form and a Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), with the clerk of the circuit court in the county where your petition for dissolution of marriage is filed.

You should keep a copy of this form for your records.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms.

For further information, see rule 12.070, Florida Family Law Rules of Procedure and rule 1.070(e) and (f), Florida Rules of Civil Procedure.

Special notes...

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you.

A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Form 12.913(b) Affidavit of Diligent Search & Inquiry

I, {full legal name}, being sworn, certify that the following information is true:

1. I have made diligent search and inquiry to discover the name and current residence of Respondent:

{Specify details of search} Refer to checklist below and identify all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful) (attach additional sheet if necessary):

United States Post Office inquiry through Freedom of Information Act for current address or any relocations.

Last known employment of Respondent, including name and address of employer. You should also ask for any addresses to which W-2 Forms were mailed, and, if a pension or profit-sharing plan exists, then for any addresses to which any pension or plan payment is and/or has been mailed.

Unions from which Respondent may have worked or that governed particular trade or craft.

Regulatory agencies, including professional or occupational licensing.

Names and addresses of relatives and contacts with those relatives, and inquiry as to Respondent’s last known address. You are to follow up any leads of any addresses where Respondent may have moved. Relatives include, but are not limited to: parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, former in-laws, stepparents, stepchildren.

Information about the Respondent’s possible death and, if dead, the date and location of the death.

Telephone listings in the last known locations of Respondent’s residence.

Internet at http://www.switchboard.com or other Internet people finder or the library checked for me.

Law enforcement arrest and/or criminal records in the last known residential area of Respondent.

Highway Patrol records in the state of Respondent’s last known address.

Department of Motor Vehicle records in the state of Respondent’s last known address.

Department of Corrections records in the state of Respondent’s last known address.

Title IV-D (child support enforcement) agency records in the state of Respondent’s last known address.

Hospitals in the last known area of Respondent’s residence.

Utility companies, which include water, sewer, cable TV, and electric, in the last known area of Respondent’s residence.

Letters to the Armed Forces of the U.S. and their response as to whether or not there is any information about Respondent. (See Memorandum for Certificate of Military Service, Oî FloridaFlorida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry (9/00) Supreme Court Approved Family Law Form 12.912(a).

Tax Assessor’s and Tax Collector’s Office in the area where Respondent last resided.

Other: {explain}

2. The age of Respondent is [ / one only] ( ) known {enter age} or ( ) unknown.

3. Respondent’s current residence

[ / one only] a. Respondent’s current residence is unknown to me.

b. Respondent’s current residence is in some state or country other than Florida, and Respondent’s last known address is:

c. The Respondent, having residence in Florida, has been absent from Florida for more than 60 days prior to the date of this affidavit, or conceals him(her)self so that process cannot be served personally upon him or her, and I believe there is no person in the state upon whom service of process would bind this absent or concealed Respondent.

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