Form 12.910(a) is the document that formally puts a Florida family law case in motion against the other party. It is not the petition itself; it is the court's notice, delivered alongside the petition, that starts a strict 20-day clock for a written response.
Quick Answer: Form 12.910(a), Summons: Personal Service on an Individual, is used to obtain personal service on the other party (typically the Respondent) at the start of a Florida family law case. It is served, along with the petition, by the sheriff or a certified process server, and it tells the Respondent they have 20 days after service to file a written response with the court or risk a default.
What Is Form 12.910(a)?
Form 12.910(a), Summons: Personal Service on an Individual, is a Florida Family Law Rules of Procedure form published by the Florida Courts (revised 10/2021). It is used at the very start of a case, when a Petitioner needs to obtain personal service on the other party, meaning the papers are physically handed to that person rather than sent through the mail or another alternative method.
Download the official Form 12.910(a) (PDF, Florida Courts)
When Form 12.910(a) Is Used
Form 12.910(a) applies when the case requires formally notifying another individual party of a family law action, most commonly:
- The Respondent in a standard Petition for Dissolution of Marriage
- The Respondent in a paternity or child support action
- A party being served with a Supplemental Petition in a post-judgment modification case
It is not used in every Florida family law filing. A joint simplified dissolution under Form 12.901(a), for example, is filed by both spouses together, so there is no separate party to serve with a Summons. See our guide to Form 12.901(a): Joint Petition for Simplified Dissolution of Marriage for that track.
What the Summons Tells the Respondent
The Summons is written as a direct notice from the court to the person being served. It generally states:
- That a lawsuit (the attached petition) has been filed against them
- That they must file a written response with the clerk of the circuit court, and serve a copy on the Petitioner or the Petitioner's attorney
- That they have 20 days after service of the Summons to do so
- That if they fail to respond within that time, a default may be entered against them, and the court may grant the relief the Petitioner requested without further notice
- Basic instructions about where and how to file a response
Because the Summons is the court's own notice, it is not something the Respondent can negotiate or extend informally; the 20-day deadline runs from the date of service, not the date the Petition was filed.
Who Can Serve the Summons
The Petitioner does not serve the Summons directly. Florida law requires personal service to be carried out by someone authorized to do it:
- The sheriff's office in the county where the Respondent can be found. The Petitioner files the Summons and a Process Service Memorandum, Form 12.910(b), with the clerk, who forwards the paperwork to the sheriff for service.
- A certified private process server. In many counties, a private process server can personally serve the Summons and other documents requiring personal service, generally for a fee, as an alternative to waiting on the sheriff's office.
How Service Is Completed and Proven
Once served, the sheriff or process server documents the details of service, generally including the date, time, location, and how the Respondent was identified. That information is filed with the court, typically on a Process Service Memorandum (Form 12.910(b)) or a sheriff's return of service, so the case record shows the Respondent was properly and personally served, and shows exactly when the 20-day response clock began.
The petition itself is attached to and served along with the Summons; the Respondent receives both documents together, not the Summons alone.
What Happens If There Is No Response
If the Respondent does not file a written response within 20 days of service, the Petitioner can generally move for a default. A default does not automatically finalize the case, but it can allow it to proceed, and in some circumstances allow the court to grant the relief the Petitioner requested, without the Respondent's further participation. This is why the Summons treats the 20-day window as a hard deadline rather than a suggestion.
Common Mistakes to Avoid
- Assuming mailing the petition to the other spouse satisfies personal service; it generally does not
- Waiting to file the Process Service Memorandum or return of service, which the court needs to confirm the response deadline
- Miscounting the 20-day deadline from the filing date instead of the actual date of service
- Not attaching the full petition to the Summons when it goes out for service
- Using Form 12.910(a) for a case type that does not call for personal service on an individual, such as a joint simplified dissolution
Frequently Asked Questions
What is Florida Form 12.910(a)?
Form 12.910(a), Summons: Personal Service on an Individual, is a Florida Family Law Rules of Procedure form used to formally notify a party, such as the respondent in a divorce, that a family law case has been filed against them and that they have 20 days to file a written response with the court.
Who serves the Summons in a Florida divorce?
The Summons is not served by the Petitioner personally. It is served by the sheriff's office in the county where the respondent can be found, or by a certified private process server, depending on the county and the Petitioner's choice. The Petitioner arranges for one of these to deliver the Summons and the Petition to the Respondent.
How long does the Respondent have to respond after being served?
Florida Form 12.910(a) tells the Respondent they have 20 days after service to file a written response with the clerk of court and serve a copy on the Petitioner.
What happens if the Respondent does not respond within 20 days?
If the Respondent does not file a written response within 20 days, the Petitioner can generally move for a default, which can allow the case to proceed and the court to grant relief without the Respondent's further participation.
Does Form 12.910(a) get filed with the court?
Yes. After service is completed, proof of service (typically documented on a Process Service Memorandum, Form 12.910(b), or a return of service from the sheriff or process server) is filed with the clerk of court so the record shows the Respondent was properly served and when the response clock started.
Is Form 12.910(a) the same as the Petition?
No. The Summons and the Petition are two different documents that get served together. The Petition states what the Petitioner is asking the court for; the Summons is the court's notice compelling the Respondent to respond within a deadline.
Can Virdix help me prepare Florida Form 12.910(a)?
Yes. Virdix prepares Form 12.910(a) alongside your Florida petition so it is ready to hand to the sheriff or a process server for service. Virdix is a document preparation service, not a law firm, and does not provide legal advice, and it does not perform service itself.
How Virdix Helps
Virdix prepares Form 12.910(a) alongside your Florida petition, filled in and ready to hand off for service by the sheriff's office or a certified process server. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice, and does not perform service of process. Forms, fees, and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Instructions for Florida Family Law Rules of Procedure Form 12.910(a) (10/21), Florida Family Law Rules of Procedure