Opinion
No. 84337.
February 1, 1996.
Original Proceeding — Family Law Rules of Procedure.
Ron Eubanks, d/b/a Able Legal Document Service, Fort Walton Beach, for Movant.
John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, and Michael L. Hastings, Chairperson, Family Law Rules Committee, St. Petersburg, for The Florida Bar's Family Law Rules Committee, Responding.
We have for review a motion for clarification regarding the Florida Family Law Forms that we adopted in our opinion in In re Family Law Rules of Procedure, 663 So.2d 1049 (Fla. 1995). We have jurisdiction. Art. V, § 2(a), Fla. Const.
In the motion, the movant asks that we clarify two inadvertent inconsistencies in form 12.901(a), Petition by Parties for Simplified Dissolution of Marriage. First, the movant notes that the form states that "[n]either party is a member of the military service," even though such a prohibition is not necessary to obtain a simplified dissolution. Second, the movant notes that the form requires the parties to sign before a notary public but Appendix 1 of the forms states that the form is to be executed before a clerk of court. The Florida Bar's Family Law Rules Committee has filed a response in which it agrees that the inconsistencies should be corrected.
Accordingly, we amend Florida Family Law Form 12.901(a) to eliminate the requirement regarding military service and to require that the form be signed before the clerk of court rather than before a notary. The corrected form is as set forth in the attached appendix. These amendments shall become effective February 1, 1996.
It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
PETITION BY PARTIES FOR SIMPLIFIED DISSOLUTION OF MARRIAGE {name} {name} {name} {date} {name} {date} {date} {place} {name} {name} one or {name} both must come [date] By: IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW: all {name of nonlawyer} {street} {city} {state} {phone} helped {name} of wife}
APPENDIX IN THE CIRCUIT COURT OF THE __________________ JUDICIAL CIRCUIT, IN AND FOR _____________________ COUNTY, FLORIDA Case No.: ___________________ Division: ___________________ ___________________________________, Petitioner and ___________________________________, Respondent. ___________________________________\ There are no children of the marriage under 18 years of age and a marital settlement agreement. Florida Family Law Form 12.901(h), has been reached by the parties. [ fill in all blanks] We, ______________________________, Husband and ________________________, Wife, together file this petition/request and say: 1. We both are asking the court for a dissolution of our marriage. (we want it ended) 2. The Husband lives in ____________________ County, Florida, and has lived there since ________________. The Wife lives in _______________ County, Florida, and has lived there since ___________________. 3. We were married to each other on __________________ in the city of ______________ county of, ____________, state or country of _______________. 4. Our marriage is irretrievably broken. (it cannot be fixed) 5. Together, we have no minor (under 18) or dependent children and the Wife is not pregnant. 6. We have made a marital settlement agreement dividing our assets and our debts (what we own and what we owe). We are satisfied with this agreement. The marital settlement agreement (Florida Family Law Form 12.901(h)) is attached and was signed freely and voluntarily by each of us, and we intend to be bound by it. 7. We have each filled out and signed financial affidavits (Florida Family Law Form 12.901(d) or 12.901(c)), that are attached to this petition. 8. [ only] ______ yes _____ no The wife wants to have her former name of _____________ back. 9. We each certify that we have not been threatened or pressured into signing this request. We each understand that the result of signing this request may be a final judgment ending our marriage allowing no further relief. 10. We each understand that we to the judge to testify about the things we are asking for in this petition/request. 11. We understand that we each may have legal rights against each other because of the marriage and that by signing this request we may be giving up those rights. 12. We ask the court to end our marriage and approve the marital settlement agreement. HUSBAND DATED: ______________________________ _________________________________ Signature of husband Printed name ____________________ Address _________________________ _________________________________ City State Zip _________________________________ Telephone (area code and number) _________________________________ Telefax (area code and number) WIFE DATED: _______________________ _________________________________ Signature of wife Printed name ___________________ Address ________________________ ________________________________ City State Zip ________________________________ Telephone (area code and number) ________________________________ Telefax (area code and number) SWORN TO and signed before me on ______________, 19__. CLERK OF THE CIRCUIT COURT Deputy Clerk [ fill in blanks] I, ______________________, a nonlawyer, located at ________________________ ______________ _________, ______________, ____________________, fill out this form.