The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a legal document used by individuals responding to a divorce petition when there are no dependent or minor children or property involved. This form allows the respondent to admit or deny the allegations in the petition and to request additional relief from the court, such as the restoration of a former name. Completing this form accurately is essential to ensure proper legal proceedings, so consider filling it out by clicking the button below.
The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a crucial document for individuals navigating the divorce process without dependent or minor children and without property involved. This form allows a respondent to formally respond to a petition for dissolution of marriage while also presenting their own requests to the court. The form is divided into two main sections: the answer section, where you admit or deny the allegations made by the petitioner, and the counterpetition section, where you can request specific outcomes, such as restoring a former name. Completing this form requires careful attention, as it must be typed or printed in black ink and signed in front of a notary public or deputy clerk. After filing the original with the circuit court clerk, it is essential to send a copy to the other party involved. Respondents have a 20-day window to submit their answers after being served with the petition. If the dissolution is uncontested, meaning both parties agree on all issues, the process can move swiftly towards a final hearing. Conversely, if there are disputes, the case may be classified as contested, requiring additional steps like mediation or a trial. Additionally, certain accompanying documents, such as a Family Law Financial Affidavit and a Notice of Social Security Number, must also be filed to ensure compliance with court requirements. Understanding these details is vital for a smooth and effective legal process.
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM
12.903(c)(3),
ANSWER TO PETITION AND COUNTERPETITION FOR
DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR
PROPERTY
When should this form be used?
This form should be used when you are responding to a petition for dissolution of marriage with no dependent or minor child(ren) or property and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you such as restoring your former name.
This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.
What should I do next?
You have 20 days to answer after being served with the other party’s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows:
The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, O‘ Florida Supreme Court Approved Family Law Form 12.903(d).
UNCONTESTED... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), O‘ Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, O‘ Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see chapter 61, Florida Statutes.
Special notes...
Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00)
With this form, you must also file the following:
CAffidavit of Corroborating Witness, O’ Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver’s license, Florida identification card, or voter’s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).
CNotice of Social Security Number, O‘ Florida Supreme Court Approved Family Law Form 12.902(j).
CFamily Law Financial Affidavit, O‘ Florida Family Law Rules of Procedure Form 12.902(b) or
(c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.)
CCertificate of Compliance with Mandatory Disclosure , O‘ Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)
Alimony... By using this form, you are forever giving up your rights to spousal support (alimony) from petitioner. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in an appropriate answer and counterpetition (see the other answer and counterpetition forms included in these forms for the appropriate form).
Marital/Nonmarital Assets and Liabilities... By using this form, you are stating that there are no marital assets and/or liabilities.
Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncontested), O’ Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.
Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O‘ Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner/Counter respondent,
and
Respondent/Counterpetitioner.
ANSWER TO PETITION AND COUNTERPETITION
FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR
MINOR CHILD(REN) OR PROPERTY
I,{full legal name}
, Respondent, being sworn,
certify that the following information is true:
ANSWER TO PETITION
l.I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number}
.
2.I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number}
3.I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number}
COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR
1.JURISDICTION/RESIDENCE
( ) Husband ( ) Wife (
) Both has (have) lived in Florida for at least 6 months before the filing
of this Petition for Dissolution of Marriage.
2.
Petitioner [ / one only] (
) is (
) is not a member of the military service.
Respondent [ / one only] (
3.MARRIAGE HISTORY
Date of marriage: {month, day, year}
Place of marriage: {city, state, country}
Date of separation: {month, day, year}
(9 / if approximate)
Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00)
4.THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND THE WIFE IS NOT PREGNANT.
5.A completed Notice of Social Security Number, O‘ Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition.
6.THIS COUNTERPETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:
[ / one only]
a.The marriage is irretrievably broken.
b.One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this counterpetition. A copy of the Judgment of Incapacity is attached.
7.THERE ARE NO MARITAL ASSETS OR LIABILITIES.
8.RESPONDENT FOREVER GIVES UP HIS/HER RIGHTS TO SPOUSAL SUPPORT (ALIMONY) FROM PETITIONER.
9.
[If Respondent is also the Wife, / one only] ( ) yes (
) no Respondent/Wife wants to be known
by her former name, which was {full legal name}
10.Other relief {specify}:
RESPONDENT’S/COUNTERPETITIONER’S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)
Respondent requests that the Court enter an order dissolving the marriage and: [ / all that apply]
1.restoring Wife’s former name as specified in paragraph 9 of this petition;
2.awarding other relief as specified in paragraph 10 of this petition; and any other terms the Court deems necessary.
I certify that a copy of this document was [ / one only] (
) mailed ( ) faxed and mailed ( ) hand
delivered to the person(s) listed below on {date}
Petitioner or his/her attorney:
Name:
Address:
City, State, Zip:
Fax Number:
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated:
Signature of Respondent
Printed Name:
Telephone Number:
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on
by
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or clerk.]
Personally known Produced identification
Type of identification produced
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE
BLANKS BELOW: [ N fill in all blanks]
I, {full legal name and trade name of nonlawyer}
a nonlawyer, located at {street}
, {city}
{state}
, {phone}
, helped {name}
who is the respondent, fill out this form.
Filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a crucial step in responding to a petition for divorce. This form allows you to admit or deny the allegations made in the original petition and to request specific actions from the court. After completing this form, you will need to submit it to the court and serve a copy to the other party involved in the case.
Once you have submitted the form and served the other party, the case will proceed based on the responses provided. If both parties agree on all issues, the dissolution may be uncontested, allowing for a final hearing. If there are disputes, the case may be contested, requiring further actions such as mediation or trial. Understanding these next steps will help you navigate the process more effectively.
This form is used when you are responding to a petition for the dissolution of marriage and there are no dependent or minor children or property involved. It allows you to admit or deny the allegations made in the petition and to make your own requests, known as counterpetitions, to the court. For example, you may wish to request the restoration of your former name.
The form should be filled out in black ink, either typed or printed. After completing it, you must sign it in front of a notary public or a deputy clerk. The original form should be filed with the clerk of the circuit court in the county where the petition was filed. Be sure to keep a copy for your records. Additionally, you must mail or hand-deliver a copy of the completed form to the other party involved in the case.
You have 20 days from the time you are served with the petition to file your answer. Once you file your answer and counterpetition, the other party must respond to your counterpetition within the same 20-day timeframe. The case will then proceed based on whether it is contested or uncontested.
If both you and your spouse agree on all the issues raised in the petition and counterpetition, your case is considered uncontested. In this scenario, after complying with mandatory disclosures and filing all required papers, either party can contact the clerk or family law intake staff to schedule a final hearing. You will need to notify the other party of the hearing using an appropriate notice of hearing form.
A contested dissolution occurs when there are disagreements on any issues in the petition or counterpetition. If you cannot reach a settlement, you may need to file a Notice for Trial after completing mandatory disclosures. Some circuits may require mediation before a final hearing can be set. It is advisable to consult with the clerk or family law intake staff for guidance on the next steps.
Yes, when filing this form, you must also submit several other documents, including:
Filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form can be daunting, and mistakes can lead to delays or complications in your case. One common error is failing to respond within the required timeframe. After being served with the petition, you have 20 days to submit your answer. Missing this deadline can result in a default judgment against you, which means the court may decide the case without your input.
Another frequent mistake is not accurately admitting or denying the allegations in the petition. It’s crucial to clearly indicate which parts you agree with and which parts you dispute. If you simply state that you disagree without specifying the paragraphs, the court may not take your response seriously. This lack of clarity can hinder your position in the case.
Many people also overlook the requirement to file additional documents along with the form. For instance, you must submit a Notice of Social Security Number and a Family Law Financial Affidavit. Failing to include these documents can result in the court rejecting your filing or delaying your case. Always double-check that you have all necessary paperwork ready to go.
Another common pitfall is neglecting to keep a copy of the completed form for personal records. This document is important for your reference throughout the legal process. If you don’t have a copy, you may find yourself scrambling for information later on, which can create unnecessary stress.
Additionally, some individuals forget to sign the form in front of a notary public or deputy clerk. A signature without notarization can render the document invalid. It’s essential to follow through with this step to ensure your submission is legally binding.
Lastly, many people fail to provide proper notice to the other party after filing their answer and counterpetition. You must mail or hand deliver a copy of your response to the petitioner. Not doing so can lead to misunderstandings and may even complicate your case further. Ensuring that all parties are informed is vital for a smooth legal process.
When navigating the process of a dissolution of marriage in Florida, several forms and documents are often required in addition to the Florida Answer to Petition and Counterpetition for Dissolution of Marriage. Each of these documents serves a specific purpose in ensuring that the legal process runs smoothly and that all necessary information is provided to the court.
Understanding these additional documents can significantly aid in the dissolution process. Each form plays a vital role in ensuring that both parties are treated fairly and that the court has all the necessary information to make informed decisions.
The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form shares similarities with the Answer to Counterpetition form, Florida Supreme Court Approved Family Law Form 12.903(d). Both documents serve the purpose of responding to a petition in family law cases. While the former is used when there are no dependent or minor children or property involved, the latter specifically addresses the counterpetition filed by the other party. In both instances, the responding party has the opportunity to admit or deny allegations and request specific relief from the court. The process of filing and serving these forms follows a similar timeline, requiring responses within 20 days of being served.
Another related document is the Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923. This form is crucial when a party wishes to schedule a hearing after filing their answer and counterpetition. It notifies the other party of the time and place of the hearing, ensuring that all parties are informed and have the opportunity to present their case. Like the Answer to Petition form, the Notice of Hearing must be properly served to the other party. This maintains transparency in the legal process and upholds the rights of both parties involved in the dissolution of marriage.
The Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is another document that bears resemblance to the Answer to Petition and Counterpetition form. This affidavit provides a comprehensive overview of a party's financial situation, including income, expenses, assets, and liabilities. It is particularly relevant in cases where financial support, such as alimony, may be contested. Similar to the Answer form, the financial affidavit must be filed within a specific timeframe, typically within 45 days of service of the petition. This ensures that the court has the necessary financial information to make informed decisions regarding any financial relief requested.
Lastly, the Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, is akin to the Answer to Petition and Counterpetition form in that it is part of the procedural requirements in family law cases. This certificate confirms that both parties have complied with mandatory disclosure obligations, which include sharing relevant financial documents. The completion and filing of this certificate are essential for the court to proceed with the case, just as the Answer form is necessary for the responding party to articulate their position. Both documents work together to facilitate a fair and transparent legal process in the dissolution of marriage cases.
This form is specifically designed for situations where there are no dependent or minor children and no marital property involved. Using it in a different context may lead to complications or delays in your case.
It is essential to sign the form in the presence of a notary public or deputy clerk. This step verifies your identity and the authenticity of your signature, which is crucial for legal documents.
You must respond within 20 days of being served with the petition. Failing to do so may result in a default judgment against you.
After filing your answer and counterpetition, it is your responsibility to mail or hand deliver a copy to the other party. This ensures they are aware of your response and any requests you are making.
By using this form, you are waiving your right to request spousal support unless you explicitly ask for it in your counterpetition. If alimony is important to you, it must be clearly stated.
The answer portion of the form allows you to admit or deny specific allegations. You can challenge any claims you disagree with, so it is important to carefully review the petition.
Mandatory disclosures are a critical part of the process. You must comply with these requirements within specified timelines to avoid complications in your case.
In addition to this form, you will need to file several other documents, such as the Notice of Social Security Number and the Family Law Financial Affidavit, among others. Each plays a vital role in your case.
Every admission or denial you make on this form can significantly impact your case. It is advisable to fully understand the consequences of your responses before submitting the form.
If a nonlawyer helps you fill out this form, they are required to provide you with a disclosure document. Additionally, they must include their information on the forms they assist you with, ensuring transparency and accountability.
Fill in Your Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form