State of
Ninth Judicial Circuit of
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ROGER J. McDONALD CIRCUIT JUDGE |
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OSCEOLA (407) 343-2503 FAX (407) 835-5068 www.ninja9.net |
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CATHY AKERS JUDICIAL ASSISTANT ctjaca1@ocnjcc.org |
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SUBJECT: No Appearance Final Hearings in Dissolutions of Marriage
Important: Enclosed is the “CHECKLIST FOR UNCONTESTED FINAL HEARINGS”. When preparing the mail in package please use the checklist before sending the documents. Check off the items that apply and include the checklist with the package because we look for the checklist to make sure everything has been included. If items are missing then your package will be returned and that delays the entry of your client’s final judgment.
This procedure may be used so long as there is one attorney and the other side may be represented or pro se. The success of this procedure rests upon the waiver of the right to a final evidentiary hearing by both parties, unless there is a default. It is like summary judgment procedure. Like almost all rights, the right to a “in person” final hearing may be waived. A defaulted party needs to be sent copy of the cover letter and documents that are tendered to the Court.
Some attorneys prefer the old system of scheduling a final hearing and coming to the courthouse and that option is still available, although very few attorneys do it.
If there is anything that is out of the ordinary in the final judgement or agreement, such as below guidelines child support, it should be pointed out and explained both in the cover letter and final judgment.
Office Check List for Mail In Dissolutions of Marriage OR Paternity Cases
UNCONTESTED CHECKLIST
This checklist must be completed when submitted a mail paperwork.
____ Petition: if children, U.C.C.J.A. allegations / attached affidavit;
____ Petition: _____ did wife ask for her name restored? ____ If so, is it in the final judgment;
____ Service: ___ in Florida personal; ___ out of state personal then ___ 48.193 allegations & ___ sheriff service; or ___ diligent search and publication;
____ Answer or Answer and Waiver or _____ Default;
____ “Notice of Social Security Number” by custodial parent ONLY in child support cases for both parents and child(ren); S.S. numbers are not to be in any writing except this form; use Fam. Law Form 12.901(j);
____ Marital Settlement Agreement; _____ both parties have signed it;
____ Sandcastle Certificate for children 6 to 17; Marriage & Paternity Local Rule NO: 07-98-37
____ Parenting Certificate __ Wife __ Husband; Marriage & Paternity Local Rule NO: 07-98-37; Sect. 61.21;
____ Motion for Written Ex Parte Final Hearing & Waiver of Hearing signed by :___ Husband & ___ Wife;
____ Financial Affidavit of ___Wife __ Husband - only required when a minor child or alimony case; OR an affidavit as to the other parent’s income to the best of their knowledge;
____ Child Support Guidelines Worksheet; Rule12.285(j) the amount here agrees with F.J. and
I.D.O. amount; $_______________; agreement states $______________________
____ Final Hearing Sworn Testimony form; __
____ Income Deduction Order: ___ must be calculated every payment way; ___ missing parag. 5b address;
____ Final Judgment, copies and stamped addressed envelopes; ___ NO social security numbers;
____ F.J.: Parent’s Name, address;
____ F.J.: Children’s Name, date of birth;
____ F.J.: Child Support: must contain recipient’s name, address where to send money, child support amount, payment to SDU; if amount is less or more than 5% of guidelines must “specially” state why because of future modifications;
____ Vital Statistics form for Marriage, & in Paternity case form HD 673;
____ Final Disposition form - Form 1.998; Marriage & Paternity;
____ $7.00 check for recording; Marriage only;
NOTE TO JUDGE ________________________________________________________________________
________________________________________________________________________________________
Dated: ___________________ , 2003 __________________________________
Attorney at Law
IN THE CIRCUIT
______________________ ,
Petitioner,
and Case
No.: DR _______________
______________________ ,
Respondent
MOTION
FOR WRITTEN EX PARTE
FINAL HEARING,
&
WAIVER OF COURT APPEARANCE
BY PARTIES
WHEREAS,
the undersigned attorney at law is an officer of the court and as such has
performed the following duties; and
WHEREAS,
this case has been settled by a written agreement, OR by default; and
WHEREAS,
the parties have been advised of their right to a final evidentiary hearing in
person before the court, but have chosen this procedure; and
THEREFORE,
it is requested that the Court enter a final judgment for dissolution of
marriage, without further notice to either party or delay, and based upon the
following:
1. SETTLEMENT: This case has been settled by a written:
___ Settlement Agreement, or
___ Default properly entered by the Clerk of
Court;
2. WAIVER: The Petitioner and Respondent, unless
defaulted, have signed this
document to waive
their legal right to a final evidentiary
hearing in person before the Court.
They consent that this case may be concluded by an attorney at law
submitting the necessary written documents to the court for its review and
entry of a final judgment.
3. COURT
FILE: The court file contains the following items:
(x which applies)
_____ If
No Minor Children:
____ Answer or Answer
and Waiver;
____ Financial Affidavit
listing all assets and debts;
____ Property Settlement
Agreement;
_____ If Minor Children:
____ Answer or Answer
and Waiver;
____ Property Settlement
& Custody Agreement;
____ Financial Affidavit
listing all assets and debts;
____ Child Support
Guidelines Worksheet; Rule12.285(j)
____ Sandcastle Class
Certificate for all children 6 to 17; Local Rule
____ Parenting and
Divorce Class Certificate for both parents; Local Rule
4. FACTUAL
BASIS FOR DISSOLUTION OF MARRIAGE:
The
____Petitioner’s / _____ Counter Petitioner’s attorney at law, as an officer of
the court, placed said party under oath,
advised them that they were subject to the penalties of perjury, and then
completed Judge McDonald’s “FINAL
HEARING SWORN TESTIMONY” form.
5. FINAL
HEARING: The waiting
period of 20 days (Sect. 61.19, F.S.) from the date of filing has expired.
THEREFORE, the ____Petitioner’s / _____ Counter
Petitioner’s attorney at law moves this honorable Court to enter a final
judgment of dissolution of marriage based upon said documents. And additionally, enclosed are:
____ Final Hearing Sworn
Testimony form;
____ Income Deduction
Order, “required” if child support; and
____ Final Judgment,
copies and stamped addressed envelopes as needed; and
____ Vital Statistics
form;
____ Final Disposition
form;
____ Check for $7.00 for
recording of final judgment;
UNDER
PENALTY OF PERJURY, the undersigned Petitioner and Respondent swears or
affirms to tell the truth, the whole truth, and nothing but the truth, so help
me. This document is true and correct,
and expresses the uncoerced desire of the
undersigned.
DATED:
_____________, 2003 DATED:
_____________ , 2003
____________________________ _____________________________
PETITIONER’S SIGNATURE RESPONDENT’S SIGNATURE
____________________________ _____________________________
Attorney for
Petitioner Attorney
for Respondent
See Next Page for Notary
STATE OF
Sworn to or affirmed and subscribed
before me on ________________ , 2003, by PETITIONER,
____________________ . Said party is
_____ personally known to me or they produced identification of
________________________________.
_______________________________
Notary
Public — State
of
Name:
_________________________
Commission Stamp:
STATE OF
Sworn to or affirmed and subscribed
before me on _________________ , 2003, by RESPONDENT,
____________________ . Said party is
_____ personally known to me or they produced identification of _________________________.
_______________________________
Notary
Public — State
of
Name:
_________________________
Commission
Stamp:
IN THE CIRCUIT COURT FOR
OSCEOLA
_________________________
Petitioner,
and Case
No.: DR _________________
_________________________
Respondent
_____________________________/
FINAL HEARING SWORN
TESTIMONY
UNDER PENALTY OF
PERJURY, the
undersigned swears or affirms to tell the truth, the whole truth, and nothing
but the truth, so help me.
6. I
am or we are the ________ Petitioner and ________ Respondent;
7. I
or we have read the petition for
dissolution and it is true and correct.
8. Petitioner has been a
9. Petitioner’s Florida Driver’s License
or Identification Card or Voter’s Registration is proof of Petitioner’s
10. The
marriage is:
_____ Irretrievably broken, I no
longer love my spouse, I do not want to be married any longer, and no delay or
counseling will save my marriage.
_____ Not broken and I want to save my marriage;
11. I,
or my spouse, to the best of my knowledge, is: _____ not pregnant at this time or
_____ is pregnant at this
time;
12. There
were _________ child(ren)
born and _______ are under 18
and _______ over 18 years of age;
_____
one or more child has as mental or physical
disability;
_____
no child is mentally or physically disabled;
13. Name Change: Do you want your former
name restored? Yes No
Name _______________________
14. ALL MARITAL PROPERTY & DEBTS have
been fairly divided between my spouse and me. If applicable, ALL CHILD SUPPORT, CUSTODY, VISITATION
ISSUES ARE SETTLED, including alimony rights, if any, by the
agreement. The agreement signatures are
true and signed freely.
DATED ___________________
, 2003. ____________________________________
PETITIONER’S
SIGNATURE
!!!
prior to petition
filing date!!!
Place Picture of license Over this area or attach picture;
RESPONDENT’S SIGNATURE
ONLY
IF “SIMPLIFIED DISS.”