Yes! You can use AI to fill out Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry
Florida Form 12.913(b), Affidavit of Diligent Search and Inquiry, is a sworn legal statement filed in family law cases, such as divorce, when one party cannot be located. It documents all the efforts made to find the missing person, which is a required step to ask the court for permission to use constructive service (service by publication). This affidavit proves to the court that a diligent search was conducted before resorting to alternative methods of notification. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Form 12.913(b) is part of the
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Form specifications
| Form name: | Florida Family Law Rules of Procedure Form 12.913(b), Affidavit of Diligent Search and Inquiry |
| Number of fields: | 65 |
| Number of pages: | 1 |
| Language: | English |
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Follow these steps to fill out your FORM 12.913(B) form online using Instafill.ai:
- 1 Navigate to Instafill.ai and upload or select the Florida Affidavit of Diligent Search and Inquiry, Form 12.913(b).
- 2 Provide the court and case information, including the circuit, county, case number, and the names of the petitioner and respondent.
- 3 Detail your diligent search efforts by checking all applicable boxes from the provided checklist and adding specific details for each action taken to locate the respondent.
- 4 Indicate whether the respondent's age is known and specify their last known residence status by selecting the appropriate option.
- 5 Enter the respondent's last known address and employment information, including the date this information was last known to be accurate.
- 6 Carefully review all entered information for accuracy, then date and e-sign the affidavit under penalties of perjury.
- 7 Download the completed, signed affidavit, ready for filing with the clerk of the circuit court.
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Frequently Asked Questions About Form Form 12.913(b)
This form is used to prove to the court that you have made a serious and thorough effort to find the other party in your family law case. It is a required step before you can ask the court to allow 'service by publication,' which means notifying the other party by publishing a notice in a newspaper.
You need to fill out this form if you are filing a family law case in Florida, such as a divorce, and you cannot locate the other party (the Respondent) to serve them with the legal papers in person.
No, you do not have to check every single box. However, you must perform a search that is thorough enough to convince the court you have made a very serious effort to find the other party and have followed up on any leads you received.
This means you must provide the most recent address you have for the other party, even if it is old or you believe they no longer live there. You cannot simply state that you have no idea where they have ever lived; you must provide the last address you were aware of.
You should file this affidavit along with a Notice of Action, such as Form 12.913(a)(1) for cases without children or Form 12.913(a)(2) for cases with children, with the clerk of the circuit court.
You must file the original form with the clerk of the circuit court in the county where your petition is filed. You should also keep a copy for your own records.
If you are representing yourself (a self-represented litigant), you are not required to file documents electronically, although you may choose to do so. You can file the paper form with the clerk's office.
You must choose only one of the three options. Select 'a' if the residence is completely unknown, 'b' if you know they are in another state or country, or 'c' if you believe they are hiding within Florida to avoid being served.
Filing this affidavit is the first step to getting permission for constructive service. If the court accepts your affidavit, you can then proceed with publishing a 'Notice of Action' in a newspaper to officially notify the missing party of the lawsuit.
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields, which can save you time and help reduce errors.
You can use a service like Instafill.ai to securely upload the form, fill it out online, and then download the completed document for filing.
If you have a non-fillable or 'flat' PDF, you can upload it to a platform like Instafill.ai. Their technology can convert it into an interactive, fillable form that you can complete on your computer.
If a nonlawyer assists you, they must provide you with a 'Disclosure from Nonlawyer' form. They are also required to fill in their name, address, and phone number in the designated section at the bottom of the affidavit.
Compliance Form 12.913(b)
Validation Checks by Instafill.ai
1
Case Information Completeness
Ensures that the 'County', 'Circuit #', 'Case No.', 'Division', 'Petitioner', and 'Respondent' fields are all populated. These fields are essential for correctly identifying and filing the document with the appropriate court and case. A failure in this validation would prevent the form from being associated with the correct legal proceeding.
2
Affiant Full Legal Name Requirement
Validates that the 'full legal name' of the person signing the affidavit (the Petitioner) is provided. This field cannot be left blank as it identifies the individual swearing to the facts stated in the document. An empty field would invalidate the affidavit, as the identity of the affiant would be unknown.
3
Diligent Search Minimum Selection
Checks that at least one checkbox under section 1, detailing the diligent search actions, has been selected. The entire purpose of this affidavit is to prove a diligent search was conducted. If no actions are checked, the form fails to meet its primary legal requirement and should be rejected for incompleteness.
4
Conditional 'Other' Search Explanation
Verifies that if the 'Other: {explain}' checkbox in section 1 is checked, the corresponding text field for the explanation is not empty. This ensures that any non-standard search methods are properly documented for the court's review. A checked box with no explanation provides no useful information and makes the claim of an 'other' search unsubstantiated.
5
Mutually Exclusive Age Selection
Confirms that in section 2, either the 'known' or 'unknown' option for the Respondent's age is selected, but not both. If 'known' is selected, the associated age field must be populated. This prevents contradictory or incomplete data entry regarding a key piece of identifying information for the Respondent.
6
Respondent Age Value Validation
If the Respondent's age is marked as 'known', this check ensures the entered value is a plausible integer (e.g., between 1 and 120). This validation prevents data entry errors such as text, negative numbers, or unrealistic ages. It maintains the integrity of the data provided to the court.
7
Mutually Exclusive Residence Status Selection
Ensures that exactly one of the three radio button options in section 3 regarding the Respondent's current residence is selected. The options are mutually exclusive, and selecting more than one or none at all would create ambiguity about the Respondent's status. This is critical for determining the next steps for service of process.
8
Mandatory Last Known Address
Validates that the 'Address', 'City', 'State', and 'Zip' fields for the Respondent's last known address in section 4 are all completed. The form instructions explicitly state that a last known address cannot be unknown, making this a mandatory component of the diligent search affidavit. Failure to provide this information would render the affidavit deficient.
9
Date of Last Known Address Validity
Checks that the date provided for the 'last known address' in section 4 is a validly formatted date and is not a date in the future. This date establishes the timeliness of the information being provided. An invalid or future date would call the accuracy and truthfulness of the affidavit into question.
10
Petitioner Signature Date Requirement
Verifies that the 'Dated' field in the petitioner's signature block is filled with a valid, non-future date. This date is legally significant as it marks when the petitioner swore under penalty of perjury that the information was true. An absent or future date would invalidate the signature and the document itself.
11
Petitioner Contact Information Completeness
Ensures the Petitioner's 'Printed Name', 'Address', 'City, State, Zip', and 'Telephone Number' are all provided in the signature section. This contact information is required by the court and the opposing party for all official communication. Missing information can cause significant delays and procedural issues in the case.
12
Petitioner E-mail Format Validation
If an e-mail address is provided in the Petitioner's signature block, this check validates that it follows a standard format (e.g., [email protected]). With the increasing importance of e-filing and e-service, a correctly formatted email address is crucial for official electronic communication. An invalid format would lead to failed delivery of important legal documents.
13
Conditional Nonlawyer Section Integrity
This rule checks that if any information is entered into the 'IF A NONLAWYER HELPED YOU' section, then all fields within that section must be completed. This includes the preparer's name, business name, full address, and telephone number. Florida rules require this full disclosure for transparency and accountability.
14
Telephone Number Format Consistency
Validates that all entered telephone number fields on the form adhere to a standard format (e.g., 10 digits, allowing for common separators like hyphens or parentheses). This ensures data quality and that the contact numbers are usable for communication. It prevents entry of incomplete or nonsensical numbers.
Common Mistakes in Completing Form 12.913(b)
Users often check the boxes in Section 1 without providing a written narrative of their search efforts. The court requires specific details, such as dates of contact, names of people spoken to, and the results of each inquiry, to deem a search 'diligent.' Simply checking boxes without explanation will likely lead to the court rejecting the affidavit, causing significant delays in the case. To avoid this, provide a detailed summary for every action taken, attaching an extra page if necessary.
A critical error is writing 'Unknown' for the respondent's last known address in Section 4. The form's instructions explicitly state, 'A last known address cannot be unknown.' You must provide the last physical address you have for the respondent, no matter how old it is. Failing to provide this information will result in the affidavit being deemed insufficient and rejected by the court.
The affidavit requires demonstrating that you followed up on any information received during your search. For example, if a relative provides a potential new city for the respondent, you must document your efforts to search for the respondent in that new location. Not following up on leads shows a lack of diligence and can cause a judge to deny the request for service by publication. Always detail how you pursued every piece of information you uncovered.
The phrase 'being sworn' means the affidavit must be signed in the presence of a Notary Public or a deputy clerk of court, who will then notarize it. Many self-represented individuals simply sign and date the form without this crucial step, rendering the document legally invalid. An unsworn affidavit will be rejected, halting the legal process. Always locate a notary to properly execute the document before filing.
Filers sometimes select conflicting options, such as checking box 3(a) stating the 'Respondent's current residence is unknown' while also providing a very recent 'last known address' in Section 4 without explanation. This inconsistency can undermine the petitioner's credibility and the validity of the search. Ensure all information is consistent and tells a clear story of why the respondent cannot be located at the last known address.
Section 4 specifically asks for the date 'as of' which the last known address and employment information was current. People frequently leave these date fields blank. These dates are crucial as they provide a timeline for the court to evaluate the diligence and relevance of the search efforts. Leaving them blank weakens the affidavit and may lead to questions from the court.
It is a surprisingly common mistake to forget to sign or date the affidavit before filing. An unsigned or undated affidavit is incomplete and has no legal effect, and it will be immediately rejected by the clerk of court. Always perform a final review to ensure the signature and date fields are completed. AI-powered tools like Instafill.ai can help prevent this by flagging required signature fields before submission.
If a nonlawyer (such as a paralegal or document preparation service) helps fill out the form, they are required by Florida court rules to complete the section at the bottom of the last page. Petitioners or the nonlawyers themselves often overlook this mandatory disclosure. Failure to complete this section can result in the filing being rejected and is a violation of court procedure.
In the header and body of the affidavit, individuals may use nicknames or incomplete names for the Petitioner or Respondent (e.g., 'Mike' instead of 'Michael John'). Legal documents require full legal names to be valid and properly recorded. Using incorrect names can lead to the document being rejected by the clerk or cause significant legal complications later in the proceedings.
The header of the form requires the County, Case Number, and Division. Self-represented litigants may not have this information readily available or may forget to transfer it from their initial petition. The clerk of court cannot file the document without this information, as it is essential for linking the affidavit to the correct case file. AI form-filling tools like Instafill.ai can help by auto-populating case information across all related documents to ensure consistency.
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