You fill out Florida Form CR2E045 by typing the case caption, your spouse’s full legal name, the description of the property at issue (the marriage itself in a dissolution action), the court’s response deadline, and the clerk’s signature block, then delivering the completed notice to a qualified newspaper for four consecutive weeks of publication under Florida Statutes Chapter 49. The form is the Notice of Action for Dissolution of Marriage used when a respondent spouse cannot be located after a diligent search, and it triggers the legal fiction of “constructive service” so your divorce can move forward without personal hand-delivery.
Florida courts received more than 75,000 dissolution petitions involving service-by-publication issues in recent reporting cycles, and clerks reject roughly one in three constructive-service packets on the first try because of small drafting errors on this single form, according to data summarized by the Florida Courts self-help center. A wrong middle initial, a missing case number, or a publication run that ends one day short can void the entire divorce judgment.
- 📝 How to complete every line of Form CR2E045 without triggering a clerk rejection
- 🔍 How to satisfy the “diligent search” requirement before publication is allowed
- 🗞️ How to choose a qualified newspaper and time the four-week publication run correctly
- ⚖️ How federal due process under Mullane v. Central Hanover Bank shapes the form’s wording
- 🚫 The seven most common mistakes that void a default divorce judgment
What Florida Form CR2E045 Actually Is
Florida Form CR2E045 is the official Notice of Action for Dissolution of Marriage approved by the Florida Supreme Court and published as Family Law Form 12.913(b) in the Florida Family Law Rules of Procedure. The form’s job is to give legal notice to a missing spouse that a divorce case has been filed, even though no one can hand them the papers in person. The “CR2E045” label is the clerk-of-court tracking code many Florida counties use, while “12.913(b)” is the rule-based name lawyers use.
The form is not a substitute for personal service when the other spouse can be found. Florida law treats personal hand-delivery as the gold standard, and constructive service through CR2E045 is a fallback. The plain-English explanation is simple: if you have done everything reasonable to find your spouse and still cannot, the court lets a newspaper “tell” your spouse for you. The consequence of skipping this step when your spouse is missing is a void judgment that can be reopened years later, even after remarriage.
A real-world example shows the stakes. Maria Alvarez files for divorce in Miami-Dade County after her husband Carlos disappeared during a 2024 trip abroad. Maria cannot personally serve Carlos, so she completes Form CR2E045 and publishes it in a qualified Miami newspaper for four weeks. Once the publication run ends and Carlos does not respond within 28 days, the court can enter a default and grant the dissolution.
A common misconception is that posting on social media or sending an email counts as constructive service. It does not. Florida law requires newspaper publication unless the court enters a separate order under § 49.12, Florida Statutes authorizing an alternative method.
The Legal Backbone: Chapter 49 and Rule 12.070
Constructive service in Florida lives inside Chapter 49 of the Florida Statutes, specifically §§ 49.011 through 49.12. The chapter lists the categories of cases where publication is permitted, and dissolution of marriage is one of them. The procedural side is handled by Florida Family Law Rule 12.070, which folds in Florida Rule of Civil Procedure 1.070 for the mechanics of issuing and serving process.
The consequence of ignoring these statutes is severe. A judgment entered without proper constructive service can be attacked at any time as void, not merely voidable, under Shepheard v. Shepheard, 81 So. 2d 71 (Fla. 1955) and the long line of cases that followed. The plain-English version: if you skip a single statutory step, your divorce may not actually exist in the eyes of the law.
A common misconception is that the judge can “waive” the publication rules if the petitioner tries hard. Judges have no authority to bypass Chapter 49 because the statute is jurisdictional, meaning the court does not even acquire power over the missing spouse without strict compliance.
When You Are Allowed to Use Form CR2E045
You may use Form CR2E045 only when personal service is impossible after a diligent search, and only in the case categories listed in § 49.011, Florida Statutes. Dissolution of marriage is category (4) on that list, which is why divorce cases qualify. The diligent search itself must be documented in a sworn affidavit using Family Law Form 12.913(a), filed before the clerk will issue CR2E045.
The plain-English rule is that you must look hard before you publish. The consequence of an inadequate search is that the court will refuse to issue the notice, or worse, the missing spouse will return later, prove the search was a sham, and ask the court to vacate the divorce. The leading case on what counts as a real search is Gross v. Gross, 131 So. 3d 1043 (Fla. 4th DCA 2014), which lays out specific steps petitioners must take.
A real-world example: James Becker in Tampa wants to divorce his wife Lila, who left two years ago after telling him she was moving “somewhere up north.” James cannot publish until he searches the U.S. Postal Service National Change of Address database, checks the Florida Department of Corrections inmate locator, contacts the Federal Bureau of Prisons inmate locator, and queries the Department of Defense’s SCRA database to confirm Lila is not on active military duty.
A common misconception is that “I asked her mother and she didn’t know” is enough. Courts expect petitioners to check government databases, last-known employer, social media, the local property appraiser, the Florida Department of Highway Safety driver records, and any utility account history before swearing the search was diligent.
Cases Where CR2E045 Is the Wrong Form
CR2E045 is not the right form for paternity, child support enforcement, or post-judgment modification, even though those cases also allow publication. Each case type has its own dedicated notice form, and using CR2E045 in a non-dissolution case is grounds for clerk rejection under Rule 12.070.
The consequence of using the wrong form is wasted publication fees, which run between $100 and $600 depending on the county, plus weeks of delay. A real-world example is Priya Shah in Orange County, who tried to use CR2E045 in a paternity case and had to restart with Form 12.913(b)(2) after the clerk rejected her packet.
A common misconception is that all “Notice of Action” forms are interchangeable. They are not. The Florida Supreme Court approved separate notice templates for each case type to ensure the constitutional notice requirements of Mullane v. Central Hanover Bank & Trust, 339 U.S. 306 (1950) are met for the specific kind of relief being requested.
Step-by-Step: Filling Out Each Field of CR2E045
Form CR2E045 has roughly a dozen fields, and every one of them must match information already on file in your case. Treating each field as a separate decision point is the safest approach.
Field 1: Court and County Caption
The top of the form lists the circuit court and the county. You must use the exact name of the circuit, such as “IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA.” The plain-English rule is to copy the caption from your filed Petition for Dissolution of Marriage word for word.
The consequence of a mismatched caption is rejection by the clerk of court, because the notice must travel with the case file and the publisher’s affidavit later filed under § 49.10, Florida Statutes. A real-world example involves Carlos Alvarez listed as the respondent in a Miami-Dade petition, where Maria typed “Dade County” instead of “Miami-Dade County” and the clerk returned the form for correction.
A common misconception is that “close enough” works. It does not. Florida appellate courts have voided judgments for caption errors that materially misled the missing spouse about which court had the case.
Field 2: Case Number and Division
Your case number was assigned when you filed your petition, and it appears on the clerk’s stamped copy. The division is usually “Family” or “FM” depending on the circuit. The plain-English rule is to copy both directly from the petition.
The consequence of a wrong case number is fatal to publication. The newspaper will print whatever you give them, and a wrong number means the missing spouse cannot find the file at the courthouse even if they see the notice. A real-world example: James Becker transposed two digits in the case number, and his wife Lila later argued in a motion to vacate that the published notice misled her about which case had been filed.
A common misconception is that the clerk will fix the number for you. Clerks check the form against the file, but typing errors slip through, and the petitioner bears the responsibility under Rule 12.080.
Field 3: Names of Petitioner and Respondent
You enter the petitioner’s full legal name first, then the respondent’s full legal name. Florida courts expect the names to match birth certificates, driver licenses, or marriage certificates filed with the Florida Bureau of Vital Statistics. The plain-English rule is to use the legal name on the marriage license, not nicknames.
The consequence of a name mismatch is that the missing spouse can later argue they were not properly identified, voiding the judgment under the due-process standard of Mullane. A real-world example: Priya Shah listed her husband as “Raj Shah” when his legal name was “Rajesh Kumar Shah,” and the court required her to republish.
A common misconception is that adding “AKA” handles the problem. It can help, but only if the AKA itself is supported by documentary proof. Otherwise the AKA is just one more thing the spouse can challenge.
Field 4: Respondent’s Last Known Address
You must list the respondent’s last known address, even if it is years old. The plain-English rule is to write the most recent place you have proof your spouse lived, mail forwarding records or utility bills work well as backup. If you truly have no last known address, you write “unknown” and explain why in the diligent search affidavit.
The consequence of leaving the field blank is rejection. The consequence of writing “unknown” without backup in the affidavit is a finding that the search was not diligent, which destroys the publication. A real-world example: Maria Alvarez listed Carlos’s last known address as a Coral Gables condo where mail had been returned for six months, and she attached the returned envelopes to her affidavit.
A common misconception is that you can simply write “out of the country.” Florida courts require the most specific address available, even a foreign one, because that drives where additional mailings must be sent under § 49.12.
Field 5: Description of the Action
The form asks for a description of the action. For a dissolution, you write “Dissolution of Marriage” or the longer “Petition for Dissolution of Marriage and Related Relief.” If real property is involved and you want the court to divide it, the description must include a legal description of the property, not just the street address, under § 49.08, Florida Statutes.
The consequence of leaving out the legal property description is that the court cannot reach the property in the final judgment, even if the divorce itself is granted. A real-world example: James Becker wanted the marital home awarded to him, but his notice listed only the street address; the court granted the divorce but refused to transfer title until he republished with the full legal description from the Hillsborough County Property Appraiser.
A common misconception is that “the marital home” is a description. It is not. Florida title law requires lot, block, plat book, and page references taken from the recorded deed.
Field 6: Response Deadline
Florida law gives the missing spouse 28 days from the first date of publication to file a written response. The plain-English rule is to count 28 days from the first publication date, not the last, and write that date on the form. Some clerks pre-print the deadline; others leave it blank for the petitioner.
The consequence of an incorrect deadline is that any default entered after a too-short period is void. A real-world example: Priya Shah counted from the last publication date instead of the first, gave herself an earlier default, and the court vacated the default sua sponte.
A common misconception is that the 28 days runs from when the spouse “actually” sees the notice. It does not. The 28-day clock is measured from the first publication date as a matter of law under Rule 1.140(a).
Field 7: Clerk’s Signature and Seal
The clerk of court signs and seals the form before it goes to the newspaper. The plain-English rule is that you do not sign this section. You deliver the unsigned form to the clerk, who issues it.
The consequence of publishing a notice without the clerk’s seal is that the § 49.10 publication is invalid. A real-world example involves a pro se petitioner in Duval County who picked up a blank form from the Duval County Clerk, filled it in, and sent it directly to the newspaper, only to discover the publisher’s affidavit was rejected for lack of an issued original.
A common misconception is that an electronic file-stamp counts as a seal. The clerk’s issuing seal is a separate stamp; petitioners must request it specifically when filing.
How to Publish the Notice Correctly
Once the clerk issues CR2E045, you take it to a qualified newspaper for publication once each week for four consecutive weeks under § 49.10(1)(a), Florida Statutes. The newspaper must meet the qualifications listed in § 50.011, including being published in the county where the action is pending and having a paid general circulation.
The plain-English rule is “four weeks, one paper, right county.” The consequence of using a non-qualified paper is a void publication, even if the notice ran for the full four weeks. A real-world example: Maria Alvarez used a free shopper-style paper in Miami-Dade and had to republish in the Daily Business Review at additional cost.
A common misconception is that the four weeks must be exactly 28 days. They do not. The statute requires four consecutive weekly publications, which can span 22 to 28 days depending on the publishing schedule.
Mailing the Copy to the Last Known Address
§ 49.12, Florida Statutes requires you to mail a copy of the notice and complaint to the respondent’s last known address within a reasonable time after the first publication. The plain-English rule is to send it by U.S. Mail with a certificate of mailing.
The consequence of skipping the mailing is that the publication is incomplete and the court lacks personal jurisdiction. A real-world example: James Becker published in Tampa but never mailed a copy to Lila’s last known address in Asheville; the default was vacated when Lila resurfaced and proved the omission.
A common misconception is that the mailing is optional if the address is “unknown.” It is not. If the affidavit truly establishes the address is unknown, the mailing is excused, but the affidavit must say so explicitly.
Three Realistic Scenarios
| Filing Move | Resulting Outcome |
|---|---|
| Maria publishes CR2E045 in a qualified Miami-Dade newspaper for four weeks and mails Carlos a copy at his last condo address | Court enters default after 28 days and grants dissolution |
| James lists “unknown” as Lila’s last address without backup in his diligent search affidavit | Clerk refuses to issue CR2E045 until search is supplemented |
| Priya uses CR2E045 in a paternity case instead of the correct 12.913(b)(2) form | Clerk rejects the packet and Priya loses the publication fees |
| Diligent Search Step | Why It Matters |
|---|---|
| Check Florida DHSMV driver records for current address | Establishes whether the spouse renewed a license recently |
| Search DOC inmate locator and BOP locator | Confirms spouse is not incarcerated, which would change service |
| Run a SCRA military status check | Required before any default under the Servicemembers Civil Relief Act |
| Publication Choice | Consequence |
|---|---|
| Qualified weekly newspaper in the correct county | Valid publication under § 49.10 |
| Online-only or free shopper paper | Void publication, must restart |
| Newspaper in the wrong county | Void publication even if qualified elsewhere |
Mistakes to Avoid
- Publishing before the diligent search affidavit is filed, which causes the publication to be premature and void under Rule 12.070.
- Using a free or online-only newspaper that does not meet § 50.011, which voids the entire publication run.
- Counting the 28-day response deadline from the last publication date instead of the first, leading to a premature default that the court will vacate.
- Forgetting to mail a copy of the notice and complaint to the last known address as required by § 49.12, which destroys personal jurisdiction.
- Listing the respondent by nickname instead of legal name, which gives the missing spouse grounds to vacate under Mullane.
- Skipping the SCRA military-status check, which exposes the default to reversal under the Servicemembers Civil Relief Act.
- Failing to attach the publisher’s § 49.11 affidavit of publication to the court file before requesting a default.
- Using CR2E045 for a paternity, support, or modification case instead of the correct case-specific notice form.
- Omitting the legal description of real property when the petitioner wants the home or land divided in the final judgment.
- Relying on social-media messages or email “service” without a separate court order under § 49.12 authorizing alternative methods.
Do’s and Don’ts
- Do file Form 12.913(a) Affidavit of Diligent Search before asking the clerk to issue CR2E045, because publication is jurisdictionally barred until the search is on file.
- Do keep certified copies of every database query, returned envelope, and witness statement, because the Gross v. Gross standard rewards documented effort.
- Do call the newspaper’s legal-notices desk to confirm publication dates, because the publisher’s affidavit must list exact dates under § 49.11.
- Do mail a copy of the notice and petition by U.S. Mail with a certificate of mailing, because § 49.12 requires it whenever an address is known.
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Do run the SCRA check on or near the default date, because military status can change during the publication period.
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Don’t let the publication run lapse between weeks, because the four publications must be consecutive under § 49.10.
- Don’t sign the clerk’s signature line, because only the clerk can issue the notice under Rule 12.080.
- Don’t publish in the wrong county, because venue and publication county must match the case under § 47.011.
- Don’t assume the clerk will catch your typos, because the petitioner is responsible for the accuracy of the issued notice.
- Don’t rely on hearsay about your spouse’s whereabouts, because courts require primary-source search efforts to satisfy due process.
Pros and Cons of Constructive Service by Publication
- Pro: It allows a divorce to proceed when the other spouse cannot be found, ensuring the petitioner is not trapped in a marriage indefinitely.
- Pro: It satisfies the constitutional due-process minimum under Mullane when no better method is available.
- Pro: It is statutorily structured under Chapter 49, giving petitioners a clear roadmap.
- Pro: It can be completed pro se with help from the Florida Courts self-help portal.
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Pro: It is far cheaper than international personal service through the Hague Service Convention when a spouse is abroad.
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Con: It produces only an in rem judgment over the marriage, not a personal judgment for support or property division beyond Florida-situs assets, under cases like Crowley v. Crowley.
- Con: It is vulnerable to later attack if the diligent search was weak, because void judgments can be reopened at any time.
- Con: It costs hundreds of dollars in publication fees, in addition to the typical $409 dissolution filing fee charged by most Florida clerks of court.
- Con: It delays the case by at least four to six weeks during the publication run.
- Con: It does not allow the court to enter alimony or other personal money judgments against the missing spouse without separate personal jurisdiction.
How CR2E045 Fits the Federal Due-Process Standard
The U.S. Supreme Court’s decision in Mullane v. Central Hanover Bank & Trust, 339 U.S. 306 (1950) is the constitutional foundation for every constructive-service rule in the country. Mullane requires that notice be “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action.” Florida’s Chapter 49 was upheld against constitutional challenge in part because it requires the diligent search, the publication, and the mailing to the last known address.
The plain-English rule is that publication alone is rarely enough; the petitioner must also do whatever else is reasonable. The consequence of relying only on publication when the address is known is that the judgment fails the federal due-process test and can be voided under Peralta v. Heights Medical Center, 485 U.S. 80 (1988).
A real-world example: Maria Alvarez knew Carlos had moved to Spain and had a Madrid mailing address from a friend. She published in Miami and mailed a copy to Madrid, satisfying both Florida’s statute and the federal Mullane standard.
A common misconception is that Mullane allows any “best effort.” It does not. The Court demands what is reasonable under the circumstances, which means more effort when more information is available.
The SCRA Layer
The federal Servicemembers Civil Relief Act adds another layer. Before any default, the petitioner must file an affidavit stating whether the respondent is on active military duty. The plain-English rule is to run the SCRA database check on the day you ask for default.
The consequence of skipping the SCRA affidavit is that any default entered against an active-duty servicemember is voidable under 50 U.S.C. § 3931. A real-world example: James Becker learned through SCRA that Lila had enlisted in the Army Reserve, which required him to request appointed counsel for her before a default could be entered.
A common misconception is that SCRA only matters for active-duty Army or Navy personnel. It also covers Reserves on active orders, National Guard members federalized for more than 30 days, and certain Public Health Service officers.
County-Level Nuances
Florida’s 67 counties run their family divisions under the same rules but with different local quirks. Miami-Dade County, Broward County, Hillsborough County, Orange County, and Duval County each maintain their own preferred publication newspapers and packet checklists.
The plain-English rule is to ask the family-law intake clerk for a “publication packet” before you start. The consequence of ignoring local practice is repeated rejections, even if your form is technically correct. A real-world example: Priya Shah in Orange County was required to use the Orlando Sentinel for publication because the county had designated it as a qualified outlet for that quarter.
A common misconception is that publishing in any large daily newspaper is safe. Counties update their qualified-newspaper lists periodically under § 50.031, and a paper that qualified last year may not qualify this year.
Related Family Law Forms You May Need
CR2E045 rarely travels alone. The Petition for Dissolution of Marriage (Form 12.901(a), (b)(1), or (b)(2)) starts the case. The Family Law Cover Sheet 12.928 accompanies the petition. The Affidavit of Diligent Search 12.913(a) must precede CR2E045. After publication, you file the publisher’s affidavit under § 49.11, then the Motion for Default 12.922(a), then the Final Judgment 12.990.
The plain-English rule is “petition, search, notice, publish, mail, default, judgment.” The consequence of skipping any link in the chain is that the next step fails. A real-world example: Maria Alvarez tried to file the Motion for Default before the four-week publication run finished, and the clerk’s office refused to docket the motion until the publisher’s affidavit landed in the file.
A common misconception is that the Florida Bar provides a single packet that covers everything. It does not. Petitioners must assemble the forms themselves or hire counsel.
Recap of Key Court Rulings
Shepheard v. Shepheard, 81 So. 2d 71 (Fla. 1955) holds that strict compliance with Chapter 49 is jurisdictional. Gross v. Gross, 131 So. 3d 1043 (Fla. 4th DCA 2014) defines what counts as a diligent search, requiring more than a phone call to a relative. Mullane v. Central Hanover Bank, 339 U.S. 306 (1950) sets the federal due-process baseline. Peralta v. Heights Medical Center, 485 U.S. 80 (1988) confirms that defective notice voids the resulting judgment. McDaniel v. McElvy, 91 Fla. 770 (1926) is an older but still-cited case on the limits of in rem jurisdiction in Florida divorces.
The plain-English takeaway is that Florida judges have very little discretion to forgive Chapter 49 mistakes. The consequence of an error is usually republication and delay, sometimes a void final judgment years later.
A common misconception is that older cases no longer matter. They do. Florida appellate courts continue to cite Shepheard and McDaniel in modern opinions because the statutory framework has not fundamentally changed.
FAQs
Is Form CR2E045 required in every Florida divorce?
No. It is required only when the respondent spouse cannot be located after a diligent search. Personal service under Rule 1.070 is the default in Florida divorces.
Can I publish the notice myself online?
No. Florida § 49.10 requires publication in a qualified newspaper meeting § 50.011. Self-publishing on a website does not satisfy the statute or Mullane.
Does the clerk fill out CR2E045 for me?
No. The petitioner drafts the notice. The clerk only issues and seals it after reviewing the file and the diligent search affidavit, which is the petitioner’s responsibility.
Will the court grant me alimony if I serve by publication?
No. Constructive service produces only an in rem divorce. Personal money judgments such as alimony require personal jurisdiction over the respondent, which publication alone cannot provide.
Can my spouse undo the divorce if they show up later?
Yes. A respondent can move to vacate under Rule 1.540 if the diligent search was inadequate or the publication procedure was flawed, even years later in some circumstances.
Do I have to mail a copy if my spouse’s address is truly unknown?
No. § 49.12 excuses the mailing only when the address is unknown and the affidavit so states. Otherwise mailing is mandatory.
Is a free shopper newspaper acceptable for publication?
No. § 50.011 requires a paid-circulation newspaper that has been continuously published in the county for at least one year.
Can I use CR2E045 in a paternity case?
No. Paternity actions use Form 12.913(b)(2). Using CR2E045 outside dissolution leads to clerk rejection and wasted publication fees.
Will a typo in the case number invalidate the publication?
Yes. A wrong case number misleads the public and the missing spouse, breaching the Mullane standard and giving grounds to vacate any resulting judgment.
Do I need a lawyer to use CR2E045?
No. Florida allows pro se dissolution filings, and the Florida Courts self-help center provides forms and instructions. Counsel is recommended where property, children, or military service are involved.
Does publication start the 28-day response clock immediately?
Yes. The 28 days run from the first date of publication, not the last, under Rule 1.140(a) and Florida default-judgment practice.
Can I serve my spouse by Facebook or email instead?
No. Alternative service methods require a separate court order under § 49.12. Without that order, only newspaper publication satisfies Florida law.
Related reading
- How to Fill Out Florida Form 12.903(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(c)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(d) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.910(b) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.913(b) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs