The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a crucial document for individuals responding to a marriage dissolution petition when there are no dependent children or marital property involved. This form allows the responding party to either agree with or dispute the claims made in the original petition, as well as to request specific actions from the court, such as the restoration of a former name. Completing this form accurately is essential to ensure that your voice is heard in the legal process, so take the first step by filling out the form below.
Navigating the process of a marriage dissolution can be daunting, especially when it comes to understanding the necessary paperwork. One essential form in Florida is the Answer to Petition and Counterpetition for Dissolution of Marriage, specifically designed for cases without dependent or minor children or shared property. This form serves two primary purposes: it allows the responding party to either admit or deny the allegations made in the original petition, and it provides a platform to request additional relief from the court. For instance, if you wish to restore your former name, this form is where you would formally make that request. It's important to complete the form accurately, using black ink, and to have it notarized before filing it with the circuit court clerk. Once filed, a copy must be provided to the other party, and you have a strict 20-day window to respond after being served. If both parties agree on all issues, the dissolution can be processed as uncontested, streamlining the journey to a final hearing. However, if there are disagreements, the case may become contested, requiring further steps such as mediation or a trial. Additional forms and disclosures, such as a financial affidavit and a notice of social security number, may also be necessary to support your case. Understanding these components is crucial for a smooth process, and seeking guidance can help ensure that all legal requirements are met.
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.
Completing the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a crucial step in responding to a petition for divorce. This process involves accurately filling out the form to ensure your voice is heard in court. After submitting this form, the next steps will depend on whether your case is contested or uncontested, which will determine how you proceed with your divorce.
This form is appropriate when you are responding to a petition for dissolution of marriage that does not involve dependent or minor children or property. If you want to request something not included in the original petition, such as restoring your former name, this form allows you to do that. It serves both as your answer to the petition and as a counterpetition.
You should type or print the form in black ink. Make sure to fill out the answer section by admitting or denying the allegations in the petition. In the counterpetition section, specify what you want the court to do for you. After completing the form, sign it in front of a notary public or deputy clerk.
Once you file your answer and counterpetition, the other party has 20 days to respond to your counterpetition. If both parties agree on all issues, the dissolution is considered uncontested. If there are disagreements, it becomes contested, and further steps may be necessary, such as mediation or setting a trial date.
If you fail to respond within the 20-day timeframe, the court may grant a default judgment against you. This means that the other party could potentially win their petition without your input. It’s crucial to adhere to this deadline to protect your rights.
Yes, you need to file several additional documents, including:
An uncontested dissolution means you and your spouse agree on all issues related to the marriage dissolution. If this is the case, you can move forward more quickly. After filing the necessary documents, either party can contact the clerk or family law staff to set a final hearing.
A contested dissolution occurs when you and your spouse disagree on any issues. If you cannot resolve these disputes, you may need to file a Notice for Trial. Some circuits may require mediation before proceeding to trial, so it's essential to check local requirements.
By using this form, you are waiving your rights to spousal support (alimony) from the petitioner. If you believe you may need alimony, you must explicitly request it in writing using the appropriate forms.
If you want to restore your former name, you should indicate this in the counterpetition section of the form. Make sure to provide your former name clearly, as this will be part of the court's final judgment.
A nonlawyer can help you fill out this form, but they must provide you with a Disclosure from Nonlawyer. Additionally, the nonlawyer must include their name, address, and phone number on the last page of the form they assist you with. It's important to ensure that any help you receive complies with legal requirements.
Failing to Respond Within the Deadline: Individuals must submit their answer within 20 days of being served with the petition. Missing this deadline can result in a default judgment against them.
Not Admitting or Denying Allegations: The form requires respondents to clearly admit or deny the allegations made in the petition. Leaving this section blank or providing vague responses can lead to confusion and complications in the case.
Inaccurate Personal Information: It is crucial to provide accurate details, such as full legal names and addresses. Any discrepancies can delay the process or lead to legal challenges.
Neglecting Required Attachments: Respondents must file certain documents alongside the form, such as the Notice of Social Security Number and Family Law Financial Affidavit. Failing to include these can result in the rejection of the filing.
Ignoring the Counterpetition Section: If a respondent wants to request additional relief, such as restoring a former name, they must complete the counterpetition section. Omitting this can prevent the court from considering their requests.
Not Signing Before a Notary: The completed form must be signed in front of a notary public or deputy clerk. Failing to do so renders the document invalid and can delay proceedings.
When dealing with the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form, several other documents are often necessary to complete the process. Each of these forms plays a crucial role in ensuring that your case is handled properly and efficiently.
Completing these documents accurately and submitting them on time is essential for a smooth dissolution process. Each form serves a specific purpose and contributes to the overall clarity of your case.
The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form shares similarities with the Florida Answer to Counterpetition form (12.903(d)). Both documents are used in family law cases to respond to petitions. The Answer to Counterpetition specifically addresses the counterclaims made by the other party, requiring a response within a specified timeframe. Like the original form, it also allows the responding party to admit, deny, or state a lack of information regarding the allegations presented. This ensures that both parties have an opportunity to clarify their positions in the dissolution process.
Another related document is the Notice of Hearing (General) form (12.923). This form is used to inform the other party about scheduled hearings in the case. It is essential for ensuring that both parties are aware of court dates and can prepare accordingly. Similar to the Answer to Petition and Counterpetition, it requires attention to detail and adherence to specific timelines to facilitate the progression of the case.
The Notice for Trial form (12.924) also bears resemblance to the Answer to Petition and Counterpetition. This document is filed when a party wishes to set a trial date for contested issues in the dissolution process. It requires compliance with mandatory disclosures and is a critical step in moving the case forward. Both forms play significant roles in the overall litigation process, ensuring that parties can seek resolution through the court system.
The Family Law Financial Affidavit (12.902(b) or (c)) is another important document that complements the Answer to Petition and Counterpetition. This affidavit provides a detailed account of a party's financial situation, which is crucial in cases involving alimony or division of assets. Both forms require accurate and complete information to support the claims made in the dissolution proceedings.
The Certificate of Compliance with Mandatory Disclosure (12.932) is also similar in purpose and function. This certificate confirms that the parties have exchanged necessary financial documents and information as required by law. Like the Answer to Petition and Counterpetition, it emphasizes the importance of transparency and compliance in family law cases.
The Affidavit of Corroborating Witness (12.902(i)) serves as another related document. This affidavit may be required to support claims made in the dissolution process, particularly regarding the marriage's irretrievable breakdown. Both forms require sworn statements and play a role in substantiating the claims made in court.
Finally, the Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) form (12.990(b)(3)) is a concluding document that follows the completion of the dissolution process. This form formalizes the court's decision and outlines the terms of the dissolution. It is similar to the Answer to Petition and Counterpetition in that it reflects the outcomes of the claims and requests made throughout the proceedings.
When filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form, there are important guidelines to follow. Here’s a list of things to keep in mind:
Following these guidelines can help ensure that your form is completed correctly and that your rights are protected throughout the process.
This form is specifically designed for cases without dependent or minor children and without property. Using it in other situations could lead to complications or delays in your case.
Even if you agree with everything in the petition, you must still file an answer. This ensures that the court has a record of your agreement and can proceed with the dissolution.
The counterpetition is limited to matters that are not included in the original petition. If you want to request something that is already addressed in the petition, you may need to file a different form.
You only have 20 days from the date you were served with the petition to file your answer. Missing this deadline can have serious consequences for your case.
While the form states that you give up your rights to spousal support, you can still request alimony in your counterpetition if you need it. Be sure to include it explicitly in your filing.
Along with the form, you must file several other documents, such as a Family Law Financial Affidavit and a Notice of Social Security Number. Failing to do so can delay your case.
Regardless of how you file, you must sign the form in front of a notary public or deputy clerk. This step is crucial for the form to be considered valid by the court.
Here are some key takeaways for filling out and using the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form:
Understanding these points can help streamline the process and ensure you meet all necessary requirements.