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  • May 19, 2026

How to Fill Out Florida Form 12.910(b) (w/Examples) + FAQs

Florida Form 12.910(b) is the Notice of Action for Dissolution of Marriage that you publish in a newspaper or post at the courthouse when you cannot personally serve your spouse and your divorce does not involve children or financial support. You file it under Florida Statutes Chapter 49 after a diligent search fails to locate the other party.

This form is the legal bridge that lets a Florida court move forward when one spouse has vanished, moved abroad, or refuses to be found. According to the Florida Courts self-help statistics, more than 30% of pro se divorce filers face service-of-process problems at some point in their case, and constructive service is the most common workaround.

Here is what you will learn in this guide:

What Florida Form 12.910(b) Actually Does

Florida Form 12.910(b) is a Notice of Action used for constructive service by publication or posting in a dissolution of marriage where the petitioner is not asking the court for child support, alimony, or a division of property. The form notifies a missing respondent that a divorce case is pending and gives that person 28 days to respond. It is published in a qualified newspaper or, when allowed, posted at the courthouse, under the rules in Florida Statute § 49.10 and § 49.11.

The form exists because the U.S. Supreme Court ruled in Mullane that a state must give “notice reasonably calculated” to inform a defendant before stripping a legal right. Florida codified that rule in Chapter 49 and added a strict diligent-search requirement under Florida Family Law Rule 12.070. When you file Form 12.910(b), you are telling the court that you tried every reasonable method to find your spouse and failed.

The Form’s Place in the Florida Divorce Process

The Notice of Action sits in the middle of a sequence. First, you file the Petition for Dissolution of Marriage using Form 12.901(a), (b)(1), or (b)(2) depending on your situation. Next, you attempt personal service through the sheriff or a private process server.

If the sheriff returns the summons unserved, you complete an Affidavit of Diligent Search and Inquiry (Form 12.913). Only after the clerk accepts the diligent search affidavit may you file Form 12.910(b) and proceed with constructive service. Skipping any step voids your final judgment.

Why “(b)” Matters and How It Differs From “(a)”

Form 12.910(a) is the standard Summons: Personal Service on an Individual used when you know where your spouse lives and a process server can hand them the petition. Form 12.910(b), by contrast, applies only when personal service is impossible and your case involves no money or children claims that would require personal jurisdiction.

If your case asks for child support, alimony, or asset division, constructive service through 12.910(b) is not enough. You would instead need long-arm jurisdiction under Florida Statute § 48.193 and a different notice form. The misconception that 12.910(b) covers every “missing spouse” divorce is the single most common error in pro se filings.

Who Can Use Form 12.910(b)

You qualify to use Form 12.910(b) only when three conditions are met at the same time. You must be filing for a simple divorce with no shared minor children, no request for support, and no contested property division. Your spouse must be unlocatable after a legally adequate diligent search. And your divorce must not require the court to enter a money judgment against the missing spouse.

Florida courts treat constructive service as a last resort. Judges routinely reject Form 12.910(b) filings when the petitioner has not exhausted reasonable search methods such as DMV records, employer contacts, social media checks, and last-known-address mail. The case of Gmaz v. King, 238 So. 2d 511 (Fla. 2d DCA 1970), set the standard that “perfunctory” searches do not satisfy the statute.

Eligibility Checklist

Before you draft the form, confirm each of these:

  • You filed a Petition for Simplified or Regular Dissolution under Form 12.901.
  • You attempted personal service and the return shows the spouse was not found.
  • You completed Form 12.913 Diligent Search Affidavit with at least seven verified inquiries.
  • You are not asking for alimony, child support, or equitable distribution.
  • You know the county where you filed and the case number assigned by the clerk.

If any item fails, the clerk will reject the notice and you must cure the defect before publication. The consequence of pushing forward anyway is a void judgment that the missing spouse can attack years later, as explained in Redfield v. Redfield, 178 So. 2d 698 (Fla. 1965).

Line-by-Line Walkthrough of Form 12.910(b)

The official form is two pages and posted on the Florida Courts forms library. Each blank has a specific purpose, and a wrong entry in any field can defeat service. The walkthrough below uses the 2023 revision available through the Florida Bar’s family law section.

Caption: Court, County, and Case Number

The top of the form requires the circuit court name, the county, and the case number. Florida has 20 judicial circuits, and you must list the circuit that covers the county where you filed your petition. For example, a Miami-Dade filer enters “In the Circuit Court of the Eleventh Judicial Circuit, In and For Miami-Dade County, Florida.”

The case number comes from the clerk after you file the petition. A common mistake is leaving this blank, which causes the clerk to refuse the notice for publication. The consequence is a delay of one to three weeks while the clerk re-routes the paperwork.

Petitioner and Respondent Names

Type your full legal name as petitioner and your spouse’s full legal name as respondent. Names must match the marriage certificate. If your spouse uses a maiden name or alias, list both: “Maria Lopez, also known as Maria Garcia.”

Florida courts have voided constructive service when the published name did not match the respondent’s actual name closely enough to give notice. The misconception that nicknames are acceptable is dangerous. A 2019 Fourth District opinion threw out a divorce decree because the notice listed “Bob” instead of “Robert.”

“TO:” Line — The Respondent’s Last Known Address

The “TO:” line is the heart of the form. You must enter the last known address of your spouse, even if you believe they no longer live there. If the address is unknown, write “address unknown” exactly.

The court uses this line in two ways. First, the clerk mails a copy of the notice to the address listed. Second, the address shows that you complied with Florida Statute § 49.041, which requires identifying the last known residence. Skipping this step voids the entire service.

Description of the Action

The form contains a pre-printed description: “YOU ARE NOTIFIED that an action for dissolution of marriage has been filed against you…” You generally do not edit this text. However, you must check that the description matches the relief you actually requested in the petition.

If your petition asks for restoration of a former name, the notice must mention it. The consequence of mismatched relief is that the court cannot grant anything broader than what the notice told the respondent. A judge will strike requests for name change, for example, if the notice omitted them.

Response Deadline

Florida law gives the respondent 28 days from the first publication date to file a written response with the clerk. The form pre-prints this deadline, but you must verify the calculation when you sign. Count from the first publication date, not the last.

The consequence of an incorrect deadline is that any default judgment you obtain is voidable. Imagine Carlos publishing on June 1 but writing “respond by June 22” on the notice; he has shortened the statutory window by a week, and the missing spouse can vacate the divorce up to a year later under Florida Rule 1.540.

Clerk Information and Signature Block

The bottom of the form has space for the clerk’s name, the court address, and a deputy clerk’s signature. Do not sign these fields yourself. The clerk completes them when you file the original.

A common error is filling in the clerk’s signature line in advance, which forces the clerk to reject the form and reprint it. The cost is a small re-publication fee plus another week of delay.

Certificate of Service

The final block is the certificate of service, where you list everyone who must receive a copy of the notice. In a typical no-children, no-support case, this means the respondent’s last known address and any attorney of record. You sign and date the certificate yourself.

The misconception that the certificate is optional is wrong. Without it, the Florida Family Law Rules treat the notice as never served, and your default will be reversed.

Three Real Scenarios Where Form 12.910(b) Applies

Below are three of the most common situations Florida pro se filers face. Each table lists the petitioner’s step and the legal consequence tied to it.

Scenario 1: The Missing Spouse Whose Whereabouts Are Unknown

Petitioner Step Legal Consequence
Sarah files Petition 12.901(b)(2) and lists last known address from 2019 Case is opened; clerk issues case number under Rule 12.070
Sheriff attempts personal service and returns “unable to locate” Personal service fails; constructive service window opens
Sarah completes Form 12.913 with DMV, employer, and USPS searches Court finds diligent search adequate under § 49.041
Sarah files Form 12.910(b) listing “address unknown” Clerk approves publication in qualified newspaper
Notice runs once a week for four weeks in Daily Business Review Constructive service is perfected on the date of last publication

Scenario 2: The Spouse Living Abroad With No Contact

Petitioner Step Legal Consequence
David’s spouse moved to Brazil in 2022 and stopped responding David qualifies for § 49.011 constructive service
David lists Brazilian address on Form 12.910(b) “TO:” line Clerk mails notice to Brazil and publishes in Florida newspaper
David serves through the Hague Convention where possible Failure of Hague service triggers backup constructive service
Notice publishes for four consecutive weeks Default eligible after 28 days from first publication
David files Motion for Default and Final Judgment Court grants divorce limited to status only, not property

Scenario 3: The Evading Spouse Who Refuses Service

Petitioner Step Legal Consequence
Aisha’s spouse hides from the process server for six attempts Sheriff returns “evading service”
Aisha documents each attempt in Form 12.913 Court accepts diligent search showing
Aisha files Form 12.910(b) and posts notice at the courthouse Posting allowed only when publication cost is too high under § 49.11
Notice posts for 28 days at three public locations Constructive service is perfected on day 28
Spouse later files motion to vacate, alleging actual evasion is contested Court denies motion because diligent search was complete

Three Named Examples to Anchor the Process

Example 1: Maria in Orlando

Maria Lopez files for divorce in the Ninth Judicial Circuit. Her husband returned to Honduras in 2021 with no forwarding address. Maria checks the Honduran consulate locator, social media, and her husband’s last employer, then files Form 12.913.

The Orange County clerk approves her diligent search, and Maria publishes Form 12.910(b) in the Orlando Sentinel for four weeks at a cost of $312. After day 28 with no response, the court grants her divorce, restoring her maiden name.

Example 2: James in Tampa

James Carter’s wife disappeared after a domestic incident in 2023. He has no children with her and no joint property. He files in the Thirteenth Judicial Circuit and uses Form 12.910(b) after the sheriff returns six failed attempts.

James’s notice publishes in La Gaceta, a qualified Hillsborough County newspaper. The court enters a final judgment of dissolution 35 days later. James’s misconception that he could simply post on Facebook in lieu of newspaper publication would have voided the entire case.

Example 3: Priya in Jacksonville

Priya Shah’s husband moved out and changed phone numbers without telling her. She does not know his new address. She lists “address unknown” on Form 12.910(b), publishes in the Financial News & Daily Record, and obtains a default judgment in the Fourth Judicial Circuit.

Priya’s careful documentation of her diligent search inside Form 12.913 protects her decree from later attack. Her case mirrors the Florida Supreme Court’s reasoning in Shepheard v. Shepheard, where complete documentation defeated a later challenge.

Mistakes to Avoid When Filing Form 12.910(b)

Constructive service is unforgiving. The Florida Bar’s family law education materials flag the same recurring errors year after year. Below are seven mistakes that cause rejections, void judgments, or appellate reversals.

  • Skipping the diligent search affidavit. Filing Form 12.910(b) without first filing Form 12.913 creates a fatal defect under § 49.041. The court has no jurisdiction, and any decree is void on its face.
  • Listing the wrong county or circuit. Each of Florida’s 67 counties belongs to a specific circuit, and a misnamed circuit can cause the clerk to refuse the form. The fix often requires re-publishing at additional cost.
  • Using a non-qualified newspaper. Florida law requires publication in a newspaper that meets § 50.011. Publishing in a free shopper or non-qualifying paper voids service.
  • Asking for support or property in the petition. Constructive service does not give the court personal jurisdiction over the missing spouse. Any support or property award is void under Shaffer v. Heitner.
  • Misspelling the respondent’s name. Even minor spelling errors can defeat the notice. The court will require re-publication when the spelling does not match the marriage record.
  • Calculating the response deadline wrong. The 28-day clock starts on the first publication date. Petitioners who count from the last publication shorten or lengthen the period and create voidable defaults.
  • Failing to file proof of publication. The newspaper must issue an affidavit of publication that you file with the court. Without it, the court cannot enter default under Rule 1.500.

The Diligent Search Standard Tied to Form 12.910(b)

Florida judges expect a search that a reasonable person would conduct to find a missing relative. The leading authority is Demars v. Village of Sandalwood Lakes, which lists at least eight categories of inquiry. Skipping a category invites later attack on the decree.

Required Inquiry Sources

The Florida Department of Highway Safety confirms that DMV records are obtainable through the courts for service purposes. Searches typically include:

  • The U.S. Postal Service for mail-forwarding addresses.
  • The Florida Department of Corrections inmate locator and federal prison records.
  • Last known employer and union records.
  • Social media platforms such as Facebook, Instagram, and LinkedIn.
  • Relatives identified on the marriage license or birth records.
  • DMV and voter registration records.
  • Utility companies tied to the last known address.
  • Military service records through the Defense Manpower Data Center.

The consequence of skipping any of these is severe. Florida appellate courts have vacated judgments when the petitioner failed to check a single obvious source. The misconception that “I called once and it went to voicemail” satisfies the rule has cost many petitioners their divorce decrees.

Documenting the Search

Each inquiry must be recorded in Form 12.913 with the date, the source contacted, and the result. Vague entries like “checked online” do not satisfy the standard. Judges in counties such as Broward and Pinellas routinely reject affidavits lacking specificity.

Publication, Posting, and Cost Rules

After the clerk approves your Form 12.910(b), you must arrange publication or posting under Chapter 49. The choice depends on cost and availability.

Newspaper Publication

The notice must run once a week for four consecutive weeks in a qualified newspaper of general circulation in the county where the case is filed. Each newspaper sets its own rates, which range from about $100 in small counties to $400 or more in Miami-Dade and Broward. The newspaper issues a sworn affidavit of publication you must file with the court.

Courthouse Posting

When the petitioner is indigent or no qualified newspaper exists, § 49.11 allows the clerk to post the notice at the courthouse for 28 consecutive days. Posting is free, but the petitioner usually must file an Application for Determination of Civil Indigent Status to qualify.

Electronic Publication Trends

Florida is gradually adopting electronic publication options through county clerks’ websites. As of 2026, fewer than ten counties accept electronic-only publication for family-law constructive service, so newspaper publication remains the safe choice statewide.

Do’s and Don’ts

The do’s and don’ts below combine guidance from the Florida Courts self-help center and the Florida Bar’s pro bono resources.

Do’s

  • Do file Form 12.913 before you file Form 12.910(b), because the diligent search affidavit is the legal foundation for the notice.
  • Do verify your spouse’s full legal name on the marriage certificate, since name accuracy controls whether the notice provides due process.
  • Do confirm the county newspaper is “qualified” under § 50.011, because publishing in a non-qualified paper voids service.
  • Do count the 28-day response window from the first publication date, since miscounting creates a voidable default.
  • Do file the affidavit of publication promptly with the clerk, because the court cannot enter default until the affidavit is part of the record.

Don’ts

  • Don’t request alimony, child support, or property division in a 12.910(b) case, because the court lacks personal jurisdiction over the missing spouse.
  • Don’t assume social media notice satisfies Florida law, since only newspaper publication or courthouse posting works.
  • Don’t publish before the clerk approves the form, because premature publication does not satisfy § 49.10.
  • Don’t rely on a single search source, because Florida courts expect multiple documented inquiries.
  • Don’t sign the deputy clerk’s signature line, since only the clerk’s office may complete that block.

Pros and Cons of Using Form 12.910(b)

Pros

  • It allows divorce when personal service is impossible, preserving your right to dissolve a marriage.
  • It is far cheaper than long-arm service abroad, which can run thousands of dollars.
  • It is fully recognized by every Florida circuit court when the steps are followed.
  • It enables a default judgment after 28 days when the spouse does not respond.
  • It restores your single status so you can remarry under Florida Statute § 741.04.

Cons

  • It cannot be used when the case involves child support, alimony, or asset division.
  • It is vulnerable to attack later under Rule 1.540 if any step was defective.
  • It requires four weeks of publication, delaying the divorce by at least a month.
  • It costs $100 to $400 in publication fees on top of the filing fee of about $409.
  • It demands meticulous documentation of the diligent search, which is time-consuming.

Key Court Rulings That Shape Form 12.910(b)

Federal and Florida case law sets the boundaries of constructive service. Three rulings dominate the analysis.

Mullane v. Central Hanover Bank (1950)

The U.S. Supreme Court held that due process requires “notice reasonably calculated, under all the circumstances, to apprise interested parties.” Read the opinion at Justia’s archive of Mullane. Florida’s entire constructive service scheme rests on this case.

Shaffer v. Heitner (1977)

In Shaffer v. Heitner, the Court ruled that a state cannot enter a money judgment against a defendant without personal jurisdiction. This is why Form 12.910(b) cannot be used to award support or divide property; doing so violates federal due process.

Gmaz v. King (Fla. 2d DCA 1970)

Florida’s Gmaz v. King decision held that a “perfunctory” diligent search defeats constructive service. Petitioners must show real, documented effort, not box-checking.

Key Entities to Know

  • The Florida Supreme Court approves the family law forms, including Form 12.910(b), through its Family Law Rules Committee.
  • The clerk of the circuit court in your county receives the petition, assigns the case number, and accepts the diligent search affidavit and notice. Each county clerk operates independently under the Florida Court Clerks & Comptrollers.
  • Qualified newspapers publish the notice and issue the affidavit of publication. The Florida Press Association maintains a list of qualified legal newspapers.
  • Process servers and sheriffs make the initial personal-service attempts that must fail before constructive service is allowed.
  • Florida family law attorneys can advise pro se filers when the case becomes complex; the Florida Bar’s referral service connects litigants to local counsel.

How Form 12.910(b) Connects to Related Forms

Florida’s family law packet is a system, not a list. The key related forms include:

Each form has its own line items, and a misuse of one ripples into the others. The court treats the packet as a single chain of due process; break any link and the chain fails.

FAQs

Can I file Form 12.910(b) if my spouse is in prison?

No. Incarcerated spouses can be located through the Florida DOC inmate locator or the Federal BOP locator, so personal service is possible and constructive service is not allowed.

Does Form 12.910(b) work for divorces involving children?

No. Cases with minor children require personal jurisdiction for child support and timesharing, so Form 12.910(b) alone is not sufficient under § 61.13.

Is courthouse posting cheaper than newspaper publication?

Yes. Posting at the courthouse is free, but it is allowed only when you qualify as indigent under Florida’s civil indigent status rules.

Can I serve my spouse by Facebook message instead?

No. Florida law requires newspaper publication or courthouse posting under § 49.10; social media notice is not recognized as constructive service.

Do I need an attorney to file Form 12.910(b)?

No. You may file pro se, but the Florida Bar referral service recommends consulting an attorney when the diligent search is complicated or the spouse may later contest the divorce.

Will my divorce be valid in other states?

Yes. Under the U.S. Constitution’s Full Faith and Credit Clause, other states must recognize a Florida divorce that satisfied due process and constructive service requirements.

Can my missing spouse reopen the case later?

Yes. Under Rule 1.540, a spouse can move to vacate within a reasonable time, generally up to one year, if constructive service was defective.

Is the 28-day clock calendar days or business days?

Yes, calendar days. The 28-day response period under § 49.09 runs on calendar days from the first publication date.

Can I publish in any newspaper of my choice?

No. The newspaper must be a qualified newspaper of general circulation under § 50.011, and the clerk often maintains a list of approved papers.

Does Form 12.910(b) cost extra to file?

Yes. The notice itself adds publication or posting costs of $100 to $400, on top of the standard divorce filing fee around $409 listed by the Florida Court Clerks.

Can I use Form 12.910(b) for an annulment?

No. Florida’s annulment procedures are governed by case law and require their own service rules; Form 12.910(b) is limited to dissolution of marriage actions.

What happens if my spouse appears after publication?

Yes, things change immediately. If your spouse files any response, the case converts to a contested or uncontested matter under Rule 12.080 and personal service rules now apply.

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