How to Fill Out Florida Form 12.913(a) (w/Examples) + FAQs

You fill out Florida Family Law Form 12.913(a), the Affidavit of Diligent Search and Inquiry, by listing every concrete step you took to find a missing spouse, parent, or other party before a judge will allow service by publication under Florida Statute §49.011. The form must be sworn under oath, notarized, and filed in your case before the clerk issues a Notice of Action.

People reach for this form when a respondent has vanished. Maybe a spouse walked out years ago, a father in a paternity case moved without a forwarding address, or a parent in a name-change matter was deported. Without a properly filled 12.913(a), the case freezes — the court cannot grant a divorce, paternity order, or modification because the missing party never received notice. According to the Florida Courts Self-Help workload data, more than 60% of pro se dissolution filers face at least one service-related delay, and a defective diligent-search affidavit is one of the top three reasons cases get bounced back.

Here is what you will learn in this guide:

• 📋 How to complete every blank, box, and signature line on Form 12.913(a) without triggering a clerk rejection
• 🔍 The exact diligent-search steps Florida judges expect, drawn from cases like Gross v. Gross and Demars v. Demars
• ⚖️ How 12.913(a) connects to constructive service statutes and to companion forms 12.913(b) and 12.913(c)
• 🧾 Three named real-world scenarios — divorce, paternity, and name change — that show right and wrong ways to file
• 🚫 The seven most common mistakes that void an affidavit and how to fix each before the judge sees it

What Form 12.913(a) Actually Is

Form 12.913(a) is the sworn statement Florida requires before a court will permit constructive service — that is, service by publication or by posting — instead of personal hand delivery. The form lives inside the Florida Supreme Court Approved Family Law Forms library, and every clerk of court in all 67 Florida counties uses the same version. The current revision is dated 2015, and the Florida Bar Family Law Section confirms it remains the controlling form in 2026.

The plain-English purpose is simple. You are telling the judge, under penalty of perjury, that you searched everywhere a reasonable person would look and still cannot locate the other party. The court relies on your sworn words because the missing person cannot speak for themselves. If your affidavit is thin, the judge will deny constructive service, and your case stalls until you redo the search.

The consequence of a false or careless affidavit is severe. Under Florida Statute §837.012, perjury in an unofficial proceeding is a first-degree misdemeanor, and perjury in an official proceeding under §837.02 is a third-degree felony punishable by up to five years in prison. Beyond criminal exposure, a final judgment built on a defective affidavit can be vacated years later, as the Fourth District Court of Appeal showed in Levenson v. Estate of Levenson, where a divorce was undone because the searching spouse skipped obvious leads.

A common misconception is that 12.913(a) replaces personal service. It does not. It is the gateway you must cross before a judge will let you serve by publication using Form 12.913(b), the Notice of Action for Dissolution of Marriage.

When You Must Use Form 12.913(a)

You use Form 12.913(a) any time you cannot personally serve the other party in a Florida family-law case. The form applies across every case type the family division handles. That includes dissolution of marriage, paternity, child support, time-sharing modification, name change, and stepparent adoption when the absent parent’s consent must be addressed.

The “when” matters. You file 12.913(a) after you have actually searched and before you ask the clerk to publish notice. Filing too early — before you have called the leads, written the letters, and checked the databases — invites the judge to deny your motion. Filing too late, after the clerk has already published a flawed notice, can force you to start over and pay the publication fee twice.

You should not use 12.913(a) when you know where the other party is. If you have a current address, even out of state, Florida law requires personal service through the long-arm statute §48.193 or by certified mail under §48.194. Skipping personal service when it is possible is grounds for the entire judgment to be set aside.

Dissolution of Marriage Cases

In a divorce, 12.913(a) is most often used when one spouse left months or years before the petition was filed. Florida lets the petitioner ask for a no-property, no-children simplified judgment after publication, but the court will not divide assets, award alimony, or set child support without personal jurisdiction. That limitation traces back to the U.S. Supreme Court’s reasoning in Pennoyer v. Neff and the Florida appellate decisions that followed.

A real example: Maria, a Tampa nurse, has not seen her husband Carlos in four years after he returned to Honduras. Maria can finish the divorce using 12.913(a) and publication, but she cannot get a money judgment for the credit-card debt Carlos left behind. The consequence is real — Maria is free to remarry, but the debt question waits until Carlos surfaces.

The misconception here is that publication produces a “full” divorce. It produces a status-only divorce, and pro se filers often learn that the hard way when they later try to enforce a property award that was never legally entered.

Paternity and Child-Support Cases

In paternity actions under Chapter 742, 12.913(a) is used when the alleged father has disappeared. The court can establish paternity through publication only for status — meaning a legal declaration of fatherhood — but cannot order child support or retroactive support without personal service. The Department of Revenue Child Support Program rejects publication-only paternity orders for enforcement, which surprises many mothers.

Take Jamal, a Jacksonville father seeking to establish paternity of his son so he can be added to the birth certificate. The mother moved to Georgia and cut contact. Jamal can use 12.913(a) and publication to obtain a paternity declaration, but custody and timesharing will require an additional step once the mother is found or appears.

A frequent error is assuming the Department of Revenue will conduct the diligent search for you in a private paternity case. It will not — the parent must do the search and sign the affidavit personally.

Name Change and Adoption Cases

In a minor name-change petition under Florida Statute §68.07, the non-petitioning parent must consent or be served. If that parent is missing, 12.913(a) opens the door to publication. In stepparent adoption under Chapter 63, the diligent-search standard is even higher because terminating parental rights is permanent.

Consider Priya, an Orlando mother who wants her new husband to adopt her daughter. The biological father has been absent since the child was two. Priya must complete 12.913(a), but she also must show the court she searched putative-father registries and military databases — extra steps the basic divorce form does not demand.

The consequence of cutting corners in adoption is the most severe of any 12.913(a) context. A biological parent who later proves the search was inadequate can have the adoption set aside, even years after the child has bonded with the adoptive parent.

Section-by-Section Walkthrough of Form 12.913(a)

The form is four pages long and divided into a caption, a numbered body, an oath, and a notary block. Every blank carries weight, and the clerk will reject the filing if any required field is empty. The instructions packet attached to the official Florida Courts form download walks through each line, but the explanations below add the why and the consequences the instructions skip.

The Caption Block

The caption sits at the top and identifies the court, county, case number, division, and parties. You must match the caption exactly to your petition — same spelling of names, same case number, same division letter. A mismatch causes the clerk’s e-filing portal at the Florida Courts E-Filing Portal to reject the document.

The consequence of a caption error is more than annoyance. If the affidavit gets entered under a different case number by mistake, the judge in your case never sees it, and your motion for constructive service sits unaddressed. Pro se filers often misspell their own married name or use a nickname instead of the legal name, which voids the connection between the affidavit and the petition.

A real example: David in Pensacola filed a divorce petition spelling his wife’s name “Ann” but then typed “Anne” on his 12.913(a). The clerk docketed the affidavit, but the judge denied the motion for publication because the names did not match. David lost three weeks fixing the typo.

Paragraph 1 — Identifying the Missing Party

Paragraph 1 asks for the full legal name of the person you cannot find. You must include any known aliases, maiden names, or nicknames the person uses. Leaving aliases out is a red flag because the judge will wonder how you searched databases without knowing what to type.

The consequence of an incomplete name is a denied motion. Judges in Florida’s 13th Judicial Circuit and elsewhere have published bench cards instructing magistrates to reject affidavits that list only one name when the petition mentions an alias.

A misconception is that you should leave aliases blank if you are unsure. The opposite is true. Write “also known as” and list every name you have ever heard the person use, then explain in paragraph 2 how you confirmed or ruled out each one.

Paragraph 2 — The Diligent Search Itself

Paragraph 2 is the heart of the form. It contains a checklist of search categories — last known address, employment, relatives, friends, military, prison, motor vehicles, voter registration, utilities, and the U.S. Postal Service. You must check every box you actually completed and write the result of each search in the space provided.

The plain-English rule is this: a diligent search is what a reasonable person would do if they truly wanted to find the missing party. The Florida Supreme Court in Demars v. Demars, 610 So. 2d 1242 (Fla. 1992), said the search must be “such an inquiry as a reasonably prudent person would make in view of the circumstances.”

The consequence of leaving boxes blank without explanation is a denied motion. Judges read these affidavits closely, and an unchecked “military” box on a form involving a younger respondent will draw a query under the Servicemembers Civil Relief Act.

A common misconception is that a Google search alone is enough. It is not. Florida courts expect a multi-source search, and the Florida Bar Family Law Rules Committee has reinforced that single-source searches fail the Demars standard.

Last Known Address Inquiry

You must list the last address where the person lived and explain how you tried to verify whether they still live there. Acceptable steps include sending a certified letter, calling current neighbors, checking the USPS National Change of Address database through a licensed search firm, and asking the property owner or landlord. Skipping this step is fatal because it is the most basic search a court expects.

A real example: Tasha in Miami sent a certified letter to her husband’s last address in Hialeah. The letter came back marked “moved, no forwarding.” Tasha wrote that result on the form and attached the returned envelope as an exhibit, which the judge accepted as strong evidence.

Employment Inquiry

You must contact the last known employer and ask for a current address or forwarding information. Most employers will not release the address, but they often confirm whether the person still works there. Document the date you called, the name of the person you spoke with, and what they said.

The consequence of skipping this category in cases involving a working-age respondent is almost certain denial. Judges know employers are a primary lead, and an unchecked employment box without explanation looks like a half-hearted search.

Relatives and Friends Inquiry

You must list the names of relatives and friends you contacted and the substance of each conversation. “I asked his mother and she does not know” is acceptable if you give the mother’s name and the date. “I asked around” is not.

A misconception is that estranged relatives count as exhausted leads. Even if you fight with your in-laws, you must call them. The court does not care about your feelings — it cares whether the lead was pursued.

Military, Prison, and Government Database Searches

You must search the Department of Defense Servicemembers Civil Relief Act database for active military status and the Florida Department of Corrections inmate locator and the Federal Bureau of Prisons inmate locator for incarceration. Print the result of each search and attach it as an exhibit. The SCRA search is free and produces a certificate of non-service that judges expect to see.

The consequence of skipping the SCRA search is enormous. If the missing party is actually on active duty and you obtain a default judgment without notifying the military, the judgment can be reopened under the SCRA for up to 90 days after the servicemember returns home.

Paragraph 3 — The Conclusion

Paragraph 3 is your sworn statement that the searches in paragraph 2 were truthful and that you do not know where the missing party lives or works. This paragraph triggers the perjury statute and must be signed in front of a notary or deputy clerk.

The consequence of signing without reading is criminal exposure under §837.02. Pro se filers sometimes hand the form to a paralegal or friend to fill out, then sign without reviewing each line. That is reckless because the signer — not the helper — is on the hook for any false statement.

A misconception is that “I don’t know” is the same as “I tried hard.” It is not. The court needs the trying, not just the not knowing, which is why paragraph 2 dwarfs paragraph 3 in length.

The Oath and Notary Block

The final block is the notary acknowledgment. You must sign in the notary’s physical or audio-video presence under Florida Statute §117.201, which authorizes online notarization. Many Florida clerks will notarize family-law forms for free if you bring photo ID.

The consequence of signing before notarization is automatic rejection. The clerk will not file an unsigned-but-notarized or signed-but-unnotarized affidavit, and the e-filing portal will flag it.

A common misconception is that a witness signature substitutes for a notary. It does not. Florida family-law affidavits require a notary or deputy clerk, period.

Three Real-World Scenarios

Below are three fact patterns drawn from the most common 12.913(a) filings in Florida courts in 2026. Each table shows a step on the left and the legal consequence on the right.

Scenario 1 — Divorce With a Spouse Who Moved Abroad

Filer’s Step	Legal Outcome
Maria sends a certified letter to Carlos’s last Honduras address and gets no response	Address inquiry documented and acceptable as a search lead
Maria calls Carlos’s brother in Tampa, who says he has not spoken to Carlos in two years	Relative inquiry documented with name and date
Maria runs the SCRA search and prints the negative certificate	Military database cleared and exhibit attached
Maria files 12.913(a) and the judge grants publication under Form 12.913(b)	Status-only divorce proceeds; debt and property issues reserved

Scenario 2 — Paternity Action With a Missing Mother

Filer’s Step	Legal Outcome
Jamal contacts the mother’s last employer in Jacksonville and confirms she quit six months ago	Employment lead documented and exhausted
Jamal searches the Florida DHSMV driver license records through a licensed locator	Motor-vehicle search documented
Jamal calls the mother’s sister in Georgia, who refuses to share an address	Relative inquiry documented even though refused
Jamal files 12.913(a) and obtains a paternity-only judgment after publication	Birth certificate amended; child support reserved

Scenario 3 — Stepparent Adoption With an Absent Father

Filer’s Step	Legal Outcome
Priya searches the Florida Putative Father Registry	Registry cleared and exhibit attached
Priya contacts the father’s last known employer in Orlando	Employment lead documented
Priya runs SCRA, BOP, and Florida DOC inmate searches	Government database leads documented
Priya files 12.913(a) under the heightened adoption standard	Court approves publication; termination of parental rights proceeds

Filing, Fees, and What Happens Next

Once 12.913(a) is signed and notarized, you e-file it through the Florida Courts E-Filing Portal under your existing case number. There is no separate filing fee for the affidavit itself, but the clerk charges a publication-coordination fee in some counties, and the newspaper charges a publication fee that ranges from about $80 to $400 depending on the county and paper. Indigent filers can apply for a fee waiver using Form 12.902(a).

After filing, the clerk reviews the affidavit and, if it appears complete, issues the Notice of Action on Form 12.913(b). The notice runs once a week for four consecutive weeks in a newspaper of general circulation in the county where the missing party last lived, as required by §49.10. After the fourth publication, the newspaper sends an Affidavit of Publication, and you file Form 12.913(c), the Certificate of Mailing, if you have any address where the notice could possibly reach the missing party.

The consequence of a defective publication is a void judgment. The Florida Supreme Court in Gross v. Gross, 131 So. 2d 487 (Fla. 1961), held that strict compliance with the constructive-service statutes is required because the missing party’s due-process rights depend on it. Substantial compliance is not enough.

A common misconception is that the missing party “loses” automatically after publication. They do not. The respondent has 28 days from the last publication date to file an answer, and even after default, they can move to set aside the default for excusable neglect under Florida Rule of Civil Procedure 1.540.

Mistakes to Avoid

Pro se filers and even paralegals make the same errors over and over on Form 12.913(a). Each mistake below has cost real Floridians weeks or months of delay, and several have produced reversed judgments on appeal.

• Skipping the SCRA search. The free Department of Defense database takes five minutes, and missing it can void your judgment if the respondent is on active duty.
• Listing only one relative. A single phone call to one cousin is not a diligent inquiry under Demars, and judges deny motions that name only one contact.
• Using a nickname in the caption. “Bobby” instead of “Robert” creates a docket mismatch that the clerk’s e-portal flags.
• Filing before searching. Backdating searches to make the affidavit look complete is perjury under §837.02 and is a third-degree felony.
• Forgetting the notary block. The clerk rejects unnotarized affidavits the same day, and you lose your filing slot.
• Confusing 12.913(a) with 12.913(b). Form 12.913(a) is your sworn search; Form 12.913(b) is the published notice. Filing the wrong one delays the case.
• Skipping the prison searches. The Federal Bureau of Prisons locator and Florida DOC locator catch many missing respondents, and unchecked boxes invite denial.
• Publishing in the wrong county. Publication must be in the county of the missing party’s last known address, not the petitioner’s county, under §49.10.
• Treating publication as personal jurisdiction. Publication gives status only; money judgments require personal service or appearance.

Dos and Don’ts

The list below distills the practice tips that experienced Florida family-law attorneys at the Florida Bar Family Law Section share most often.

Dos

• Do print every database search result and attach it as a numbered exhibit because exhibits show effort.
• Do call relatives even when you expect them to refuse because the call itself is the documented lead.
• Do use a licensed Florida private investigator for a skip trace when basic searches fail because investigator reports carry weight with judges.
• Do file the affidavit and the motion for constructive service together because separate filings get separated in the docket.
• Do save the certified-mail green card and the returned envelope because tangible mail evidence is persuasive.

Don’ts

• Don’t sign without reading every paragraph because perjury exposure is personal to the signer.
• Don’t rely on social-media stalking alone because Florida courts have rejected Facebook-only searches.
• Don’t list a P.O. box as a “last known address” without explaining when the box was active.
• Don’t notarize remotely with an out-of-state notary because Florida requires a Florida-commissioned notary or RON provider under §117.201.
• Don’t assume the clerk’s office will fix typos because clerks are barred from giving legal advice.

Pros and Cons of Constructive Service

Choosing constructive service over personal service is a strategic decision, and 12.913(a) is the gateway. Knowing the trade-offs helps you decide whether to keep searching or to file.

Pros

• Allows a stalled case to move forward when personal service is impossible because justice delayed indefinitely is justice denied.
• Costs less than long-arm personal service in another country because publication fees are usually under $400.
• Produces a final divorce, paternity, or name-change judgment as to status because Florida recognizes status jurisdiction even without personal jurisdiction.
• Triggers a 28-day answer period that, once expired, lets the petitioner seek default because the case has a clear deadline.
• Works in every Florida county under uniform rules because the form and statutes are statewide.

Cons

• Cannot support a money judgment because personal jurisdiction requires personal service.
• Can be set aside years later if the search is later proven inadequate because Levenson-type challenges are real.
• Requires careful documentation that takes 10 to 30 hours of pro se work because diligent search means actual effort.
• Imposes notary, publication, and exhibit costs that can total $200 to $600 because constructive service is not free.
• Risks criminal perjury exposure if any statement is false because the affidavit is sworn under §837.02.

Key People, Places, and Entities

Several entities show up repeatedly when 12.913(a) is filed, and understanding each one’s role helps you navigate the process. The Clerk of the Circuit Court in your county accepts the filing, indexes it on the docket, and coordinates with the newspaper for publication. The Florida Department of State Division of Corporations Sunbiz is useful for finding business addresses tied to the missing party. The Florida Department of Highway Safety and Motor Vehicles holds driver-license records that licensed locators can search.

The Florida Department of Children and Families maintains the Putative Father Registry that adoption petitioners must search. The Department of Defense runs the SCRA database for active-duty status. The Florida Department of Corrections and the Federal Bureau of Prisons operate the inmate locators that judges expect to see in the exhibits. Each entity plays a different role, and a complete affidavit references results from most of them.

Recap of Key Florida Rulings

Several Florida appellate decisions shape how judges read Form 12.913(a) in 2026. Demars v. Demars, 610 So. 2d 1242 (Fla. 1992), set the “reasonably prudent person” standard that every diligent search must satisfy. Gross v. Gross, 131 So. 2d 487 (Fla. 1961), held that constructive-service statutes require strict compliance because due process is at stake. Shepheard v. Deutsche Bank Trust Co. Americas, 922 So. 2d 340 (Fla. 5th DCA 2006), expanded the diligent-search duty to internet searches and electronic databases.

The Fourth District in Levenson v. Estate of Levenson reinforced that a final judgment built on a defective affidavit can be vacated long after entry. The Second District in Godsell v. United Guaranty Residential Insurance, 923 So. 2d 1209 (Fla. 2d DCA 2006), held that an affidavit that merely tracks the statute without specific facts is legally insufficient. Reading these cases before you sign 12.913(a) is the single best way to avoid future challenges.

Frequently Asked Questions

Is Form 12.913(a) the same as Form 12.913(b)?

No. Form 12.913(a) is the sworn affidavit describing your diligent search. Form 12.913(b) is the Notice of Action that the newspaper actually publishes after the judge approves your search.

Do I have to use a Florida-commissioned notary?

Yes. Florida family-law affidavits must be notarized by a Florida-commissioned notary or by an authorized Florida online remote notary, or signed before a deputy clerk of court.

Can I file 12.913(a) without a lawyer?

Yes. Florida designed the family-law forms for pro se filers, and county self-help centers will check your form for completeness, though they cannot give legal advice.

Will publication get me child support?

No. Constructive service produces only status jurisdiction. You cannot obtain child support, alimony, or property division without personal service or the respondent’s voluntary appearance.

How long does the publication period last?

Yes, there is a fixed period. The notice runs once a week for four consecutive weeks, and the respondent has 28 days from the last publication to answer.

What if I find the missing party after publishing?

Yes, you must serve them personally. Once you learn the address, you must abandon constructive service and personally serve the respondent under Florida Statute §48.031.

Does a Google search count as diligent inquiry?

No. Florida courts require a multi-source search including databases, employers, relatives, and government registries. A single Google query fails the Demars standard.

Can the respondent reopen the case after default?

Yes. Under Rule 1.540, a respondent can move to set aside a default judgment for excusable neglect, fraud, or void service within one year, and longer for void judgments.

Is the diligent-search standard higher in adoption cases?

Yes. Adoption terminates parental rights permanently, so courts demand registry searches, military checks, and relative outreach beyond what divorce requires.

Do I need to attach exhibits to the affidavit?

Yes. While not strictly required by the form text, judges expect printed search results, returned envelopes, and SCRA certificates as exhibits because exhibits prove the search actually happened.

What happens if I lie on Form 12.913(a)?

No lie is safe. False statements are perjury under §837.02, a third-degree felony, and any judgment built on the false affidavit can be vacated.

How much does publication cost in Florida?

Yes, there is a cost. Newspaper publication ranges from about $80 in small counties to over $400 in Miami-Dade, and indigent filers can apply for a waiver using Form 12.902(a).