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Blank Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form

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 shared property involved. This form allows the respondent to admit or deny the allegations made in the petition and to request specific actions from the court, such as the restoration of a former name. Proper completion and filing of this form are essential steps in the dissolution process, ensuring that both parties' rights and requests are acknowledged by the court.

Outline

When navigating the complexities of a marriage dissolution in Florida, understanding the necessary forms is crucial for a smooth process. One key document is the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form, specifically designed for situations where there are no dependent or minor children and no property involved. This form serves a dual purpose: it allows the respondent to either admit or deny the allegations presented in the initial petition while also providing a platform to request specific relief from the court, such as the restoration of a former name. Completing this form requires careful attention, as it must be filled out in black ink and signed before a notary public or deputy clerk. Once finalized, the original must be filed with the circuit court clerk, and a copy should be provided to the other party. The respondent has a limited window of 20 days to submit their answer after being served with the petition. If both parties agree on all issues, the case may proceed uncontested, while disagreements will lead to a contested dissolution, potentially requiring mediation or a trial. Additionally, specific accompanying documents must be filed alongside the form, including a Notice of Social Security Number and a Family Law Financial Affidavit, ensuring that all necessary information is disclosed to the court. Understanding these components is essential for anyone looking to navigate the dissolution process effectively.

Sample - Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form

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)

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:

Affidavit 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).

Notice of Social Security Number, O‘ Florida Supreme Court Approved Family Law Form

12.902(j).

C Family 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.)

C Certificate 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.

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)

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}

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

MINOR CHILD(REN) OR PROPERTY

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] ( ) is ( ) is not a member of the military service.

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:

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)

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:

Address:

City, State, Zip:

Telephone Number:

Fax 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.

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Form Information

Fact Name	Fact Description
Form Purpose	This form is used to respond to a petition for dissolution of marriage without dependent children or property.
Answer and Counterpetition	The answer section allows you to admit or deny allegations, while the counterpetition requests additional relief.
Filing Deadline	You must file your answer within 20 days of being served with the petition.
Signature Requirement	The completed form must be signed before a notary public or deputy clerk.
Jurisdiction Requirement	At least one spouse must have lived in Florida for six months before filing the petition.
Alimony Waiver	By using this form, you waive your right to spousal support unless specifically requested in writing.
Marital Assets Declaration	You are stating that there are no marital assets or liabilities involved in the dissolution.
Final Judgment Form	A Final Judgment of Dissolution of Marriage must be completed and may be required at the hearing.
Mandatory Disclosure	You may need to file a Certificate of Compliance with Mandatory Disclosure within 45 days of service.
Governing Law	This form is governed by Chapter 61 of the Florida Statutes, which covers dissolution of marriage.

Detailed Guide for Filling Out Florida Answer to Petition and Counterpetition for Dissolution of Marriage

Filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is an important step in responding to a divorce petition. After completing the form, it must be filed with the court and served to the other party. Below are the steps to guide you through the process of filling out this form.

Begin by clearly typing or printing your full legal name at the top of the form.
Fill in the case number, division, and the names of both parties as listed in the original petition.
In the "Answer to Petition" section, indicate your agreement or disagreement with each allegation in the petition. Be sure to specify the section and paragraph numbers for clarity.
If you cannot admit or deny certain allegations due to lack of information, note this in the appropriate section.
Proceed to the "Counterpetition for Dissolution of Marriage" section. Confirm that you or your spouse have lived in Florida for at least six months prior to filing.
Indicate whether either party is a member of the military service.
Provide details about your marriage, including the date of marriage, place of marriage, and date of separation.
State that there are no minor or dependent children common to both parties and confirm that the wife is not pregnant.
Include the completed Notice of Social Security Number form as required.
Select the reason for the counterpetition, indicating if the marriage is irretrievably broken or if one party has been adjudged mentally incapacitated.
Clearly state that there are no marital assets or liabilities.
Specify whether the respondent wishes to restore a former name.
List any additional relief you are requesting from the court in the designated section.
Sign and date the form in the designated area, ensuring that you do so before a notary public or deputy clerk.
Make copies of the completed form for your records and prepare to file the original with the clerk of the circuit court.
Mail or hand deliver a copy of the completed form to the other party.

After filing the form, be aware that the other party has 20 days to respond to your counterpetition. Depending on whether the case is contested or uncontested, you may need to take further steps to set a final hearing or trial. It is advisable to stay informed about the next steps in your case to ensure a smooth process.

Obtain Answers on Florida Answer to Petition and Counterpetition for Dissolution of Marriage

What is the purpose of the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form?

This form is used when responding to a petition for dissolution of marriage where there are no dependent or minor children or property involved. It allows you to admit or deny the allegations in the petition and to request specific relief from the court, such as the restoration of a former name.
How should I complete this form?

The form should be typed or printed in black ink. After filling it out, you must sign it in front of a notary public or deputy clerk. Be sure to 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 is the timeline for filing my response?

You have 20 days from the date you are served with the petition to file your answer and counterpetition. It is essential to mail or deliver a copy of your completed form to the other party within this timeframe.
What happens after I file my answer and counterpetition?

Once filed, the other party must respond to your counterpetition within 20 days. If both parties agree on all issues, the case may proceed as uncontested. If there are disagreements, it becomes contested, and further steps, such as mediation or trial, may be necessary.
What if I want to request alimony?

If you wish to seek alimony, you must explicitly request it in writing within your answer and counterpetition. By using this form without such a request, you waive your right to spousal support from the petitioner.
Are there any required documents I must file along with this form?
- Affidavit of Corroborating Witness or a photocopy of a current Florida driver’s license, identification card, or voter’s registration card.
- Notice of Social Security Number.
- Family Law Financial Affidavit.
- Certificate of Compliance with Mandatory Disclosure.
These documents must be filed within 45 days of being served with the petition if not submitted at the time of filing your answer.
What does it mean if my dissolution is uncontested?

Your dissolution is considered uncontested if you and your spouse agree on all issues raised in the petition and counterpetition. In this case, you may set a final hearing with the clerk or family law intake staff, provided all required documents have been filed.
What should I do if my case is contested?

If there are disagreements between you and your spouse regarding the issues, your case is contested. You may need to file a Notice for Trial after complying with mandatory disclosure. Some circuits may require mediation before setting a final hearing.
What if I need help filling out this form?

If a nonlawyer assists you in completing this form, they must provide you with a Disclosure from Nonlawyer. Additionally, their name, address, and phone number must be included on the last page of every form they help you complete.

Common mistakes

Filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form can be a challenging task. Many individuals make common mistakes that can delay the process or lead to complications. Here are seven mistakes to watch out for when completing this form.

One frequent error is not responding within the required timeframe. After being served with the petition, you have 20 days to submit your answer. Missing this deadline can have serious consequences, including the possibility of a default judgment against you. Make sure to keep track of the date you were served and plan accordingly.

Another mistake involves failing to admit or deny the allegations accurately. It is essential to clearly indicate which parts of the petition you agree with and which parts you dispute. If you do not address each allegation, the court may assume you agree with everything stated, which could affect the outcome of your case.

Some individuals overlook the need for proper notarization. The form must be signed in front of a notary public or deputy clerk. Failing to do this step can result in your submission being rejected. Always ensure that your signature is notarized before filing.

People also sometimes forget to include necessary supporting documents. Along with the form, you must file additional documents, such as the Notice of Social Security Number and the Family Law Financial Affidavit. Neglecting to include these can delay your case or lead to additional complications.

Another common issue is incorrectly stating the jurisdiction or residence requirements. You must confirm that you or your spouse has lived in Florida for at least six months before filing. Providing inaccurate information can lead to jurisdictional challenges and may affect your ability to proceed with the case.

Some individuals mistakenly believe they do not need to address alimony. If you want spousal support, you must specifically request it in your answer and counterpetition. Simply using this form without mentioning alimony means you may be waiving your rights to it.

Lastly, failing to keep a copy of the completed form for your records is a mistake that can lead to confusion later. Always retain a copy of everything you file with the court. This practice ensures you have documentation of what you submitted and can refer back to it if needed.

By being aware of these common pitfalls, you can improve your chances of a smoother process when filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form. Take your time, double-check your work, and ensure you meet all requirements.

Documents used along the form

When dealing with the Florida Answer to Petition and Counterpetition for Dissolution of Marriage, several other forms and documents may be necessary to ensure a smooth legal process. Each of these forms serves a specific purpose and helps clarify the details of your case. Below is a list of commonly used documents.

Affidavit of Corroborating Witness: This document verifies the claims made in your petition. It requires a witness to confirm the facts of your marriage and separation.
Notice of Social Security Number: This form is used to disclose your Social Security number to the court. It is a mandatory requirement for filing your case.
Family Law Financial Affidavit: This affidavit outlines your financial situation, including income, expenses, assets, and liabilities. It must be filed within 45 days of being served with the petition.
Certificate of Compliance with Mandatory Disclosure: This document confirms that you have complied with the required financial disclosures. It is also due within 45 days of service.
Final Judgment of Dissolution of Marriage: This form is used to finalize the divorce. It includes terms agreed upon by both parties and must be presented at the final hearing.
Answer to Counterpetition: If the other party files a counterpetition, you must respond using this form within 20 days. It allows you to admit or deny their claims.
Notice of Hearing: This document is used to inform the other party of the date and time of the hearing. Proper notice is essential for the court proceedings.
Notice for Trial: If your case is contested, this form requests a trial date. It is necessary after all disclosures have been made.
Disclosure from Nonlawyer: If a nonlawyer assists you with these forms, this document must be provided to confirm their involvement and ensure compliance with regulations.

Using the correct forms is crucial in navigating the dissolution of marriage process in Florida. Each document plays a significant role in ensuring that your case is handled efficiently and fairly.

Similar forms

Answer to Counterpetition: This document is used when the other party responds to your counterpetition. It addresses the claims made in your counterpetition and allows the other party to admit or deny those claims.
Notice of Hearing: This form is necessary when you want to schedule a hearing after filing your answer and counterpetition. It informs the other party about the date and time of the hearing.
Notice for Trial: If your case is contested, this document is filed to request a trial. It signals that you are ready to proceed with the legal process after mandatory disclosures have been made.
Family Law Financial Affidavit: This form provides a detailed account of your financial situation. It is required to be filed within 45 days after you are served with the petition if not submitted with your answer.
Certificate of Compliance with Mandatory Disclosure: This document certifies that you have complied with the mandatory disclosure requirements in your case. It is also due within 45 days of being served with the petition.
Affidavit of Corroborating Witness: This affidavit supports your claims in the dissolution process. It may be required to verify certain statements made in your answer or counterpetition.
Final Judgment of Dissolution of Marriage: This form is used to finalize the dissolution process. It outlines the terms of the divorce and is presented at the final hearing for the judge’s approval.

Dos and Don'ts

When filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form, it's crucial to follow certain guidelines to ensure your submission is correct and effective. Here’s a list of things you should and shouldn't do:

Do use black ink or type your responses to maintain clarity.
Do answer all sections thoroughly. Incomplete forms can lead to delays.
Do sign the form in front of a notary public or deputy clerk.
Do file the original document with the clerk of the circuit court in the appropriate county.
Do keep a copy of the completed form for your records.
Don't wait until the last minute to file your answer; you have 20 days from being served.
Don't forget to mail or hand deliver a copy of the form to the other party.
Don't make any false statements; this could lead to serious legal consequences.
Don't assume that the court will assist you in filling out the form; it is your responsibility.
Don't overlook the requirement for additional forms, such as the Affidavit of Corroborating Witness and Notice of Social Security Number.

Paying close attention to these dos and don'ts can help ensure that your form is processed smoothly and that you maintain your rights throughout the dissolution process.

Misconceptions

Misconception 1: This form can be used for any type of divorce case.

This form is specifically designed for cases where there are no dependent or minor children and no marital property involved. Using it in other situations may lead to complications or delays in your case.

Misconception 2: Filing the form means you automatically agree with everything in the petition.

The answer section allows you to admit or deny the allegations in the petition. Just because you are filing a response does not mean you agree with all the claims made by the other party.

Misconception 3: You do not need to respond if you don’t agree with the petition.

If you do not respond within 20 days of being served, the court may assume you agree with the petition. It is crucial to file your answer and counterpetition on time to protect your rights.

Misconception 4: You can request alimony using this form.

This form requires you to waive your right to spousal support. If you want alimony, you must file a separate request using the appropriate forms.

Misconception 5: There are no additional forms required when using this form.

Misconception 6: A nonlawyer can help you fill out the form without any restrictions.

While a nonlawyer can assist you, they must provide you with a disclosure form and include their information on the documents they help you complete. This ensures transparency and compliance with legal requirements.

Key takeaways

Use the form correctly: This form is specifically for responding to a dissolution of marriage petition when there are no dependent or minor children or property involved.
Admit or deny allegations: The answer section allows you to admit or deny the claims made in the petition, which is crucial for the court's understanding of your position.
File within the deadline: You must submit your answer and counterpetition within 20 days of being served with the petition.
Notify the other party: After filing, you are required to send a copy of your completed form to the other party, either by mail or in person.
Understand uncontested vs. contested: If both parties agree on all issues, the process is uncontested. If there are disagreements, the case is contested, which may require additional steps like mediation.
Include necessary documents: Along with this form, you must file other documents such as a Notice of Social Security Number and a Family Law Financial Affidavit, ensuring all requirements are met.