
FAMILY LAW PROCEDURES
Communication with the court
Ex parte communication is
communication with the judge with only one party present. Judges are not
allowed to engage in ex parte communication except in very limited circumstances,
so, absent specific authorization to the contrary, you should not try to speak
with or write to the judge in your case unless the other party is
present or has been properly notified. If
you have something you need to tell the judge, you must ask for a hearing
and give notice to the other party or file a written statement in the court
file and send a copy of the written statement to the other party.
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 original or supplemental petitions, any time 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, which
cannot include either alimony or child support.
For more information on constructive service, see Notice of Action
for Dissolution of Marriage (No Child or Financial Support), Florida
Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Family Cases with Minor Child(ren), Florida
Supreme Court Approved Family Law Form 12.913(a)(2), Affidavit of Diligent
Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b),
and Affidavit of Diligent Search,
Florida Family Law Rules of Procedure Form 12.913(c).. 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 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, 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.
Parenting Plan
If your case involves minor or dependent
child(ren), a Parenting Plan shall
be approved or established by the court. Parenting
Plan, Florida Supreme Court Approved Family Law Form, 12.995(a), Safety-Focused Parenting Plan, Florida
Supreme Court Approved Family Law Form 12.995(b), or Relocation/Long Distance Parenting Plan, Florida Supreme Court
Approved Family Law Form 12.995(c). The Parenting Plan shall be developed and
agreed to by the parents and approved by a court. If the parents cannot agree, or if the agreed Parenting Plan is not
approved, the court must establish a Parenting Plan. The Parenting Plan
shall contain a time-sharing schedule and should address the issues regarding
the child(ren)’s education, health care, and physical, social, and emotional
well-being.
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.
Explanations of Symbols or Parts of Different Family Law Forms
{specify}, {date}, {name(s)},
{street}, {city}, {state}, {phone}
Throughout these forms, you will find hints
such as those above. These tell you what
to put in the blank(s).
[ one only] [all that apply]
These show how many choices you should
check. Sometimes you may check only one, while other times you may check
several choices. ( ) This also shows an area where you
must make a choice. Check the ( ) in front of the choice
that applies to you or your case.
IN THE CIRCUIT
COURT OF THE (1) JUDICIAL CIRCUIT,
IN AND FOR (2) COUNTY, FLORIDA
Case No.: (3)
Division: (4)
(5) ,
Petitioner,
and
(6) ,
Respondent.
Line
1 The clerk of court can tell you the number
of your judicial circuit. Type or print
it here.
Line
2 Type or print your county name on line (2).
Line
3 If you are filing an initial petition or
pleading, the Clerk of the Court will assign a case number after the case is
filed. You should type or print this
case number on all papers you file in this case.
Line 4 The clerk of the court can tell you the name
of the division in which your case is being filed, and you should type or print
it here. Divisions vary from court to
court. For example, your case may be
filed in the civil division, the family division, or the juvenile division.
Line
5 Type or print the legal name of the person
who originally filed the case on line 5.
This person is the petitioner because he/she is the one who filed the
original petition.
Line
6 Type or print the other party’s legal name
on line 6. The other party is the
respondent because he/she is responding to the petition.
I understand that I am swearing
or affirming under oath to the truthfulness of the claims made in this petition
and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
Dated: (1) (2) (2)
Signature
of Petitioner
Printed
Name: (3)
Address:
(4)
City,
State, Zip: (5)
Telephone
Number: (6)
Fax
Number: (7)
E-mail
Address: ____________(8)__________________
Some
forms require that your signature be witnessed.
You must sign the form in the presence of a notary public
or deputy clerk (employee of the clerk of the court’s office). When signing the form, you must have a valid
photo identification unless the notary knows you personally. You should completely fill in all lines (1
& 3–8) except 2 with the requested information, if applicable. Line 2, the signature line, must be signed
in the presence of the notary public or deputy clerk.
STATE OF FLORIDA
COUNTY OF
Sworn to or
affirmed and signed before me on by .
NOTARY PUBLIC or DEPUTY CLERK
[Print,
type, or stamp commissioned name of notary or clerk.]
_ Personally known
_ Produced
identification
Type
of identification produced
DO
NOT SIGN OR FILL IN THIS PART OF ANY FORM.
This section of the form is to be completed by the notary public who is
witnessing your signature.
IF
A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS
BELOW:
[fill
in all blanks] This form was prepared for the: {either Petitioner or Respondent; or Husband or Wife}
This
form was completed with the assistance of:
{name
of individual }________(1)________________________,
{name
of business} _____________(2)____________________________________________________,
{address} (3) ,
{city} (4)______________,{state}
(5), {telephone
number} _(6)____________________.
This section should
be completed by anyone who helps you fill out these forms but is not an
attorney who is a member in good standing of The Florida Bar, which means that
he or she is not licensed to practice law in Florida.
Line 1 The nonlawyer
who helps you should type or print his or her name on line 1.
Lines 2–6 The nonlawyer’s business name, address,
(including street, city, state, and telephone number) should be typed or
printed on lines 2–6.
In
addition, a Disclosure from Nonlawyer, Florida Family Law Rules of
Procedure Form 12.900(a), should be completed if a nonlawyer assists you. The disclosure is available as a family law
form and should be completed before the nonlawyer helps you. This is to be sure that you understand the role
and limitations of a nonlawyer. You and the nonlawyer should keep a copy of
this disclosure for your records.
FAMILY LAW GLOSSARY OF COMMON TERMS AND
DEFINITIONS
Note: The following definitions are intended to be
helpful, BUT they are not intended to constitute legal advice or address every
possible meaning of the term(s) contained in this glossary.
Affidavit - a written statement in which the
facts stated are sworn or affirmed to be true.
Alimony-spousal support
which may be ordered by the court in a proceeding for dissolution of marriage.
Types of alimony include: bridge-the-gap, durational, rehabilitative, or
retroactive, and may be either temporary or permanent. The court may order periodic payments,
payment in lump sum, or both. In determining whether to award alimony, the
court must determine whether either party has an actual need for alimony and
whether the other party has the ability to pay.
The court must consider the factors set forth in section 61.08, Florida Statutes,
and must make certain written findings.
An alimony award may not leave the paying party with significantly less
net income than that of the receiving party without written findings of
exceptional circumstances.
Answer - written response by a respondent
that states whether he or she admits (agrees with) or denies (disagrees with)
the allegations in the petition. Any
allegations not specifically denied are considered to be admitted.
Appeal - asking a district court of appeal
to review the decision in your case.
There are strict procedural and time requirements for filing an appeal.
Asset - everything owned by you or your
spouse, including property, cars, furniture, bank accounts, jewelry, life
insurance policies, businesses, or retirement plans. An asset may be marital or nonmarital, but
that distinction is for the court to determine if you and your spouse do not
agree.
Attorney - a person with special education
and training in the field of law who is a member in good standing of The
Florida Bar and licensed to practice law in Florida. An attorney is the only person who is allowed
to give you legal advice. An attorney
may file your case and represent you in court, or just advise you of your
rights before you file your own case. In
addition to advising you of your rights, an attorney may tell you what to
expect and help prepare you for court.
In family law matters, you are not entitled to a court-appointed lawyer,
like a public defender in a criminal case.
However, legal assistance is often available for those who are unable to
hire a private attorney. You may consult
the yellow pages of the telephone directory for a listing of legal aid or
lawyer referral services in your area, or ask your local clerk of court or
family law intake staff what services are available in your area. You may also obtain information from the
Florida Supreme Court’s Internet site located at http://www.flcourts.org.
Bond - money paid to the clerk of court by one
party in a case, to be held and paid to an enjoined party in the event that the
first party causes loss or damage of property as a result of wrongfully
enjoining the other party.
Beneficiary
Designation-Florida
law provides that a beneficiary designation made by or on behalf of a party
providing for the payment or transference of an asset or benefit upon his or
her death to the other spouse is void when the final judgment dissolving or
declaring a marriage invalid is signed, unless the final judgment specifically
states otherwise. Federal law and other
statutory provisions may also apply.
This includes, but is not limited to, such assets as life insurance
policies, annuities, employee benefit plans, individual retirement accounts, and
payable-on-death accounts. Whether or
not to continue a beneficiary designation is a complex area of the law and you
may wish to consult with an attorney.
Bridge-the-Gap
Alimony-spousal
support which is ordered to assist a party to make the transition from being
married to being single. Bridge-the-Gap
alimony is designed to assist a party with legitimate, identifiable short-time
needs; its length cannot exceed two years and it cannot be modified.
Central
Depository-the
office of the clerk of court that is responsible for collecting and disbursing
court ordered alimony and child support payments. The depository also keeps payment records and
files judgments if support is not paid.
Certificate of Service - a document that
must be filed whenever a form you are using does not contain a statement for
you to fill in showing to whom you are sending copies of the form. Florida Supreme Court Approved Family Law
Form 12.914 is the certificate of service form and contains additional
instructions.
Certified Copy - a copy of an
order or final judgment, certified by the clerk of the circuit court to be an
authentic copy.
Certified Mail - mail which
requires the receiving party to sign as proof that they received it.
Child Support - money paid from
one parent to the other for the benefit of their dependent or minor child(ren).
Clerk of the Circuit Court - elected official
in whose office papers are filed, a case number is assigned, and case files are
maintained. The clerk’s office usually
is located in the county courthouse.
Concurrent
Custody-(for
the purposes of a petition filed pursuant to chapter 751, Florida Statutes)
means that an eligible extended family member is awarded custodial rights to
care for a child or children concurrently with the child(ren)’s parent or
parents.
Constructive Service - notification of
the other party by newspaper publication or posting of notice at designated
places when the other party cannot be located for personal service. You may also be able to use constructive
service when the other party lives in another state. Constructive service is also called “service
by publication.” However, when
constructive service is used, the relief the Court may grant is limited; that
relief cannot include either alimony or child support. For more information on service, see the
instructions for 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).
Contested Issues - any or all
issues upon which the parties are unable to agree and which must be resolved by
the judge at a hearing or trial.
Contingent Asset - an asset that
you may receive or get later, such as income, tax refund, accrued
vacation or sick leave, a bonus, or an inheritance.
Contingent Liability - a liability that
you may owe later, such as payments for lawsuits, unpaid taxes, or debts
that you have agreed or guaranteed to pay if someone else does not.
Counterpetition - a written
request to the court for legal action, which is filed by a respondent after
being served with a petition.
Custody
Order
– a judgment or order incorporating a Parenting Plan is a child custody
determination for the purposes of the Uniform Child Custody Jurisdiction and
Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. ss.
11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on
the Civil Aspects of International Child Abduction enacted at the Hague on
October 25, 1980.
Default - a failure of a party to respond
to the pleading of another party. This
failure to respond may allow the court to decide the case without input from
the party who did not appear or respond.
Delinquent - late.
Dependent
Child(ren)
- child(ren) who depend on their parent(s) for support either because they are
under the age of 18, have a mental or
physical disability that prevents them from supporting themselves, or are in high school, between the ages of 18
and 19, and performing in good faith
with a reasonable expectation of graduation before the age of 19.
Deputy
Clerk
- an employee of the office of the clerk of court, which is usually located in
the county courthouse or a branch of the county courthouse.
Dissolution
of Marriage
- divorce; a court action to end a marriage.
Durational Alimony-spousal support
which is ordered to provide economic assistance for a set period of time
following a marriage of short or moderate duration or following a marriage of
long duration if there is no ongoing need for support on a permanent basis. Durational alimony terminates upon the death
of either party or upon remarriage of the party receiving support. It may be modified or terminated , but cannot
exceed the length of a marriage.
Electronic Communication – Contact, other
than face-to-face contact, facilitated by tools such as telephones, electronic
mail or email, webcams, video-conferencing equipment and software or other
wired or wireless technologies, or other means of communication to supplement
fact-to face contact between a parent and that parent’s minor child.
Enjoined - prohibited by
the court from doing a specific act.
Ex
Parte
- communication with the judge by only one party. In order for a judge to speak with either
party, the other party must have been properly notified and have an opportunity
to be heard. If you have something you
wish to tell the judge, you should ask for a hearing or file information in the
clerk of court’s office, with certification that a copy was sent to the other
party.
Extended Family-(for the purposes
of a petition filed pursuant to chapter 751, Florida Statutes) is a person who
is either:
1) A relative of a
minor child within the third degree by blood or marriage to the parent; OR
2) The stepparent of a
minor child if the stepparent is currently married to the parent of the child
and is not a party in a pending dissolution, separate maintenance, domestic
violence, or other civil or criminal proceeding in any court of competent
jurisdiction involving one or both of the child’s parents as an adverse party.
Family
Law Intake Staff
- a court’s employee(s) who is (are) available to assist you in filing a family
law case. Family law intake staff are
not attorneys and cannot give legal advice.
They may only assist you with filling out the form(s). Your local
clerk’s office can tell you if your county has such assistance available.
Filing - delivering a
petition, response, motion, or other pleading in a court case to the clerk of
court’s office.
Filing
Fee
- an amount of money, set by law, that the petitioner must pay when filing a
case. If you cannot afford to pay the
fee, you must file an Application for Determination of Civil
Indigent Status, to ask the clerk to file your case without payment
of the fee. This form can be obtained
from the clerk’s office.
Final
Hearing
- trial in your case.
Financial
Affidavit
- a sworn statement that contains information regarding your income, expenses,
assets, and liabilities.
Final
Judgment
- a written document signed by a judge and recorded in the clerk of the circuit
court’s office that contains the judge’s decision in your case.
Guardian
ad Litem
- a neutral person who may be appointed by the court to evaluate or investigate
your child’s situation, and file a report with the court about what is in the
best interests of your child(ren). Guardians do not “work for” either
party. The guardian may interview the
parties, visit their homes, visit the child(ren)’s school(s) and speak with
teachers, or use other resources to make their recommendation.
Hearing - a legal
proceeding before a judge or designated officer (general magistrate or hearing
officer) on a motion.
Health Insurance-coverage under a
fee-for-service arrangement, health care maintenance organization, or preferred
provider organization, and other types of coverage available to either parent,
under which medical services could be provided to a minor or dependent child.
Judge - an elected
official who is responsible for deciding matters on which you and the other
parties in your case are unable to agree.
A judge is a neutral person who is responsible for ensuring that your
case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving
you or the other party any legal advice, recommendations, or other assistance,
and may not talk to either party unless both parties are present, represented,
or at a properly scheduled hearing.
Judicial
Assistant
- the judge’s personal staff assistant.
Liabilities - everything owed
by you or your spouse, including mortgages, credit cards, or car loans. A liability may be marital or nonmarital, but
that distinction is for the court to determine if you and your spouse do not agree.
Lump
Sum Alimony
- money ordered to be paid by one spouse to another in a limited number of
payments, often a single payment.
Mandatory
Disclosure
- items that must be disclosed by both parties except those exempted from
disclosure by Florida Family Law Rule 12.285.
Marital
Asset
- generally, anything that you and/or your spouse acquired or received (by gift
or purchase) during the marriage. For
example, something you owned before your marriage may be
nonmarital. An asset may only be
determined to be marital by agreement of the parties or determination of the
judge.
Marital
Liability
- generally, any debt that you and/or your spouse incurred during the
marriage. A debt may only be determined
to be nonmarital by agreement of the parties or determination of the judge.
Mediator - a person who is
trained and certified to assist parties in reaching an agreement before going
to court. Mediators do not take either
party’s side and are not allowed to give legal advice. They are only responsible for helping the parties
reach an agreement and putting that agreement into writing. In some areas, mediation of certain family
law cases may be required before going to court.
Modification - a change made by
the court in an order or final judgment.
Motion - a request made
to the court, other than a petition.
No
Contact
- a court order directing a party not
speak to, call, send mail to, visit, or go near his or her spouse, ex-spouse,
child(ren), or other family member.
Nonlawyer - a person who is
not a member in good standing of The Florida Bar.
Nonmarital
Asset
- generally, anything owned separately by you or your spouse. An asset may only be determined to be
nonmarital by either agreement of the parties or determination of the judge.
Nonmarital
Liability
- generally, any debt that you or your spouse incurred before your marriage or
since your separation. A debt may only
be determined to be nonmarital by either agreement of the parties or
determination of the judge.
Nonparty - a person who is
not the petitioner or respondent in a court case.
Notary
Public
- a person authorized to witness signatures on court related forms.
Obligee - a person to whom
money, such as child support or alimony, is owed.
Obligor - a person who is
ordered by the court to pay money, such as child support or alimony.
Order - a written
decision, signed by a judge and filed in the clerk of the circuit court’s
office, that contains the judge’s decision on part of your case, usually on a
motion.
Original
Petition
- see Petition.
Parenting
Course
- a class that teaches parents how to help their child(ren) cope with divorce
and other family issues.
Parenting Plan – a document
created to govern the relationship between the parents relating to the decisions
that must be made regarding the minor child(ren). The Parenting Plan must contain a
time-sharing schedule for the parents and child(ren) and shall address the
issues concerning the minor child(ren). The issues concerning the minor
child(ren) may include, but are not limited to, the child(ren)’s education,
health care, and physical, social, and emotional well-being. In creating the Plan, all circumstances
between the parents, including their historic relationship, domestic violence,
and other factors must be taken into consideration. The Parenting Plan must be developed and
agreed to by the parents and approved by the court. If the parents cannot agree to a Parenting
Plan, or if the parents agreed to a plan that is not approved by the court, a Parenting
Plan will be established by the court with or without the use of parenting plan recommendations.
Parenting
Plan Recommendation – A nonbinding recommendation concerning one or
more elements of a Parenting Plan made by a court-appointed mental health practitioner
or other professional designated pursuant to either section 61.20 or 61.401,
Florida Statutes, or Florida Family Law Rule of Procedure 12.363.
Party - a person
involved in a court case, either as a petitioner or respondent.
Paternity
Action
- A lawsuit used to determine whether a designated individual is the father of
a specific child or children.
Payor - an employer or
other person who provides income to an obligor.
Permanent
Alimony
- spousal support ordered to provide for the needs and necessities of life as
they were established during the marriage for a party who lacks the financial
ability to meet his or her needs and necessities after dissolution of
marriage. Permanent alimony is paid at a
specified, periodic rate until: modification by a court order; the death of
either party;or the remarriage of the party receiving alimony, whichever occurs
first. Permanent alimony requires consideration of the factors set forth in
section 61.08(2), Florida Statutes, and must include certain written findings
by the court.
Personal
Service
- when a summons and a copy of a petition (or other pleading) that has been
filed with the court are delivered by a deputy sheriff or private process
server to the other party. Personal
service is required for all petitions and supplemental petitions.
Petition - a written
request to the court for legal action, which begins a court case.
Petitioner - the person who
files a petition that begins a court case.
Pleading - a formal,
written statement of exactly what a party wants the court to do in a lawsuit or
court action.
Pro Se or Self-Represented Litigant
- a person who appears in court without the assistance of a lawyer.
Pro Se Coordinator - see Family
Law Intake Staff.
Rehabilitative Alimony - spousal support
ordered to be paid for a limited period of time to allow one of the parties an
opportunity to complete a plan of education or training, according to a
rehabilitative plan accepted by the court, so that he or she may better support
himself or herself after dissolution of marriage.
Relocation- a change in the
location of the principal residence of a parent or other person in accordance
with section 61.13001, Florida Statutes.
Respondent - the person who
is served with a petition requesting some legal action against him or her.
Scientific Paternity Testing - a medical test
to determine who the father of a child
is.
Service - the delivery of legal documents
to a party. Service must be in accordance with Florida
Rule of Judicial Administration 2.516.
Shared Parental Responsibility - an arrangement
under which both parents have full parental rights and responsibilities for
their child(ren), and the parents make major decisions affecting the welfare of
the child(ren) jointly. Shared Parental
Responsibility is presumptive in Florida.
Sole Parental Responsibility - a parenting
arrangement under which the responsibility for the minor child(ren) is given to
one parent by the court, with or without rights of time-sharing to the other
parent.
State
Disbursement Unit-
the unit established and operated by the Title IV-D agency to provide one
central address for the collection and disbursement of child support payments
made in both Department of Revenue and non-Department of Revenue cases, in
which the obligation is paid through an income deduction order.
Supervised Time-Sharing- a parenting
arrangement under which time-sharing between a parent and his or her child(ren)
is supervised by either a friend, family member, or a supervised visitation
center.
Supplemental Petition - a petition that
may be filed by either party after the judge has made a decision in a case and
a final judgment or order has been entered.
For example, a supplemental petition may be used to request that the
court modify the previously entered final judgment or order.
Supportive
Relationship-a
relationship, defined in section 61.14(1)(b)1, Florida Statutes, existing
between a spouse who receives alimony and a person with whom that spouse
resides.
Time-Sharing
Schedule
– a timetable that must be included in the Parenting Plan that specifies the
time, including overnights and holidays, that a minor child or children will
spend with each parent. The time-sharing
schedule shall either be developed and agreed to by the parents of a minor
child or children and is approved by the court, or established by the court if
the parents cannot agree, or if their agreed-upon schedule is not approved by
the court.
Trial - the final hearing in a contested
case.
Uncontested - any and all
issues on which the parties are able to agree and which are part of a marital
settlement agreement.
Professional Divorce, Family Law and Probate
Attorney - Lawyer legal services Kissimmee, St Cloud, Orlando, Osceola County,
Orange County, Seminole County, and the surrounding Central Florida area.