In new or re-opened Family cases, the Petitioner must comply with Family Law Rule 12.070 by serving initial process on the Respondent, including a summons, a Process Service Memorandum, and a copy of the Petition.
If the Petitioner does not know the Respondent's address in order to serve process as detailed above, the Petitioner may constructively serve the Respondent in the following manner.
In new or re-opened Family cases, the Petitioner must comply with Family Law Rule 12.070 by serving initial process on the Respondent, including a summons, a Process Service Memorandum, and a copy of the Petition.
If the Petitioner does not know the Respondent's address in order to serve process as detailed above, the Petitioner may constructively serve the Respondent in the following manner.
Complete an "Affidavit of Diligent Search and Inquiry" form and file it with the Clerk of Court in Palm Beach County. The Affidavit must substantially follow the form of Florida Family Law Form 12.913 (b) or (c). You must inquire about the whereabouts of the Respondent from all sources and attach proof of your findings from all searches to your "Affidavit of Diligent Search and Inquiry" form. Please see minimum requirements list attached.
If during your search you find an address, then you must serve the Respondent by personal service at that address as provided for in Chapter 48 of the Florida Statutes. It will then be unnecessary to file the Affidavit of Diligent Search and Inquiry.
You are required to attach to your "Affidavit of Diligent Search Form" proof of your search efforts such as payment receipts, printed search results, letters from companies/organizations/businesses and/or other proof of your attempts to locate information on the other party.
Do NOT submit "Notice of Action" for Publication if you have not attached proof of search from the minimum required sources. Failure to complete the form properly or attach proof of search from the minimum required sources may result in delays, denial of your affidavit of diligent search, republishing or denial of your case.
Once you have met minimum requirements of Affidavit of Diligent Search, Complete a "Notice of Action" and file it with the Clerk of Court in Palm Beach County. The Notice of Action should follow the form of either Florida Family Law Form 12.913(a)(1) or Florida Family Law Form 12.913(a)(2), whichever is appropriate.
The Notice of Action must be published in some newspaper that is published in Palm Beach County, in accordance with § 49.10, Florida Statutes.
You must inquire about the whereabouts of the Respondent from all of the below sources. From each Agency you will receive the results of your inquiry. When completing the various searches online, you must print the results of each search. A copy of the findings from each Agency and from the online searches must be attached to your "Affidavit of Diligent Search and Inquiry" form. The Court is unable to proceed with this action if you do not provide the court with the results from each of the below searches.
Please be advised that the Court and the Clerk's Offices do not prepare legal forms and/or give legal advice. It is the responsibility of the parties to prepare all of the required documents and file with the Clerk of Court. Assistance for this process may be obtained at the Self-Help Centers, located at each County Courthouse, by referencing the appropriate Self-Service Packet available at the Clerk's office or from an attorney of your choosing.