Instructions for Florida Family Law Forms 12.922(a) & 12.922(b)
These forms should be used when the other party has failed to file or serve any documents within 20 days after the date of service of your petition. It allows you to obtain an earlier final hearing and request a trial or final hearing in your case. You must complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a) and file it along with Default Form 12.922(b).
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How do I fill this out?
Filling out the Motion for Default and Default forms is essential for proceeding with your case when the other party fails to respond. Follow the detailed instructions provided to ensure you complete them accurately. After filing, you can request a trial or final hearing.
How to fill out the Instructions for Florida Family Law Forms 12.922(a) & 12.922(b)?
1
Complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).
2
File your motion for default along with Default, Florida Supreme Court Approved Family Law Form 12.922(b).
3
Contact the clerk's office, family law intake staff, or judicial assistant to schedule a hearing.
4
File a Notice of Hearing, Florida Supreme Court Approved Family Law Form 12.923, with the clerk.
5
Send a notice of final hearing to the defaulted party.
Who needs the Instructions for Florida Family Law Forms 12.922(a) & 12.922(b)?
1
Spouses seeking a divorce when one party fails to respond to the petition.
2
Parents filing for child custody or support when the other parent does not respond.
3
Individuals seeking to settle property disputes when the other party is uncooperative.
4
Parties involved in alimony cases when the respondent does not file any documents.
5
Any petitioner needing a quicker resolution for their family law case due to non-response.
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What are the instructions for submitting this form?
To submit this form, complete the required fields and file the original with the clerk of the circuit court in your county. Ensure you keep a copy for your records. You must contact the clerk's office, family law intake staff, or judicial assistant to schedule a hearing and file a Notice of Hearing (Form 12.923). Mail, email, or hand-deliver a copy of the notice of hearing to each party in the case. Follow the procedures of the judicial circuit where you file. For electronic filing, ensure compliance with Florida Rule of Judicial Administration 2.525. My advice is to double-check all information for accuracy before submission.
What is the purpose of this form?
The purpose of these forms is to allow petitioners in family law cases to request a default judgment when the other party fails to respond. By obtaining a default, you can expedite the final hearing and resolution of your case. These forms are essential tools for those seeking quicker settlements in divorce, child custody, property disputes, alimony cases, and other family law matters.
Tell me about this form and its components and fields line-by-line.
- 1. Case Number: The unique number assigned to your case.
- 2. Division: The relevant division of the court handling your case.
- 3. Petitioner: Your name as the person filing the petition.
- 4. Respondent: The name of the person who has failed to respond.
- 5. Signature: Your signature to verify the accuracy of the information provided.
- 6. Contact Information: Your address, phone number, and email for correspondence.
- 7. Date: The date the form was completed and submitted.
What happens if I fail to submit this form?
If you fail to submit this form, your case may be delayed and you may not be able to proceed without the other party's response. The court cannot grant a default judgment, which could prolong your case unnecessarily.
- Case Delay: Without a default judgment, the resolution of your case can be significantly postponed.
- Lack of Progress: The court cannot move forward without proper documentation, causing a standstill in your proceedings.
- Missed Deadlines: You might miss important deadlines for your case, resulting in potential negative outcomes.
How do I know when to use this form?
- 1. Divorce Cases: When your spouse does not respond to the divorce petition.
- 2. Child Custody: When the other parent fails to respond to custody filings.
- 3. Alimony Requests: When the respondent does not respond to alimony petitions.
- 4. Property Disputes: When one party does not respond in property-related cases.
- 5. General Non-Response: Any family law case where the other party fails to respond to the petition.
Frequently Asked Question
How do I fill out the Motion for Default form?
Complete all necessary fields in the Motion for Default, Form 12.922(a) and file it along with Default Form 12.922(b).
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