The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a legal document used when responding to a divorce petition that does not involve dependent or minor children or property. This form allows you to admit or deny the allegations in the original petition and to request specific relief from the court, such as restoring a former name. Completing this form accurately is essential for moving forward in the dissolution process, so be sure to fill it out carefully by clicking the button below.
The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form serves as a critical document for individuals navigating the dissolution of marriage process without dependent or minor children or shared property. This form allows the responding party to address the claims made in the initial petition, either admitting or denying the allegations presented. It also provides a platform to request specific relief from the court, such as the restoration of a former name. Completing this form accurately is essential, as it must be filed within 20 days of being served with the petition. Additionally, the form requires notarization and submission to the circuit court clerk, along with copies for personal records and the other party involved. Notably, individuals using this form are affirming that there are no marital assets or liabilities, and they are waiving any rights to spousal support unless explicitly stated otherwise. The process can either be uncontested, where both parties agree on all issues, or contested, which may require further legal proceedings. Understanding the nuances of this form is vital for ensuring a smooth transition through the legal dissolution 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 requires careful attention to detail. This form is essential for responding to a petition for dissolution of marriage when there are no dependent or minor children or property involved. After completing the form, it must be signed and filed with the appropriate court. Ensure that all required documents are included to avoid delays in the process.
What is the purpose of the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form?
This form is used to respond to a petition for dissolution of marriage when there are no dependent or minor children or property involved. It allows the respondent to admit or deny allegations in the petition and to request specific actions from the court, such as restoring a former name.
How should the form be completed?
The form must be typed or printed in black ink. After filling it out, the respondent must sign it in front of a notary public or deputy clerk. It is essential to file the original form with the circuit court clerk in the county where the petition was filed and retain a copy for personal records.
What is the timeframe for filing the answer and counterpetition?
The respondent has 20 days from the date of being served with the petition to file the answer and counterpetition. A copy of the completed form must also be provided to the other party, either by mail or hand delivery.
What happens after filing the answer and counterpetition?
Once the answer and counterpetition are filed, the other party must respond to the counterpetition within 20 days. If both parties agree on all issues, the dissolution may proceed uncontested. If there are disagreements, the case may become contested, and further steps, such as mediation or trial, may be necessary.
What if there are no marital assets or liabilities?
By using this form, the respondent affirms that there are no marital assets or liabilities. This declaration simplifies the dissolution process, as there are fewer issues to resolve in court.
Can alimony be requested using this form?
No, by completing this form, the respondent waives the right to spousal support (alimony) from the petitioner. If alimony is desired, it must be specifically requested in a separate answer and counterpetition form.
What additional documents must be filed with this form?
Along with the answer and counterpetition, the respondent must file several other documents, including an Affidavit of Corroborating Witness or a photocopy of identification, a Notice of Social Security Number, a Family Law Financial Affidavit, and a Certificate of Compliance with Mandatory Disclosure, within specified timeframes.
What is the significance of the Final Judgment form?
The family law forms include a Final Judgment of Dissolution of Marriage with No Property or Minor Children. It is advisable to check with the court clerk to determine if a final judgment needs to be prepared and brought to the hearing.
What should I do if I need help filling out the form?
If assistance is required, a nonlawyer may help, but they must provide a Disclosure from Nonlawyer and include their contact information on the form. This ensures transparency and compliance with legal guidelines.
Where can I find more information about the dissolution process?
For additional information, it is recommended to read “General Information for Self-Represented Litigants” and review Chapter 61 of the Florida Statutes. These resources provide valuable insights into the dissolution process and the requirements involved.
Filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form can be challenging. Many individuals make mistakes that can affect their case. One common error is failing to respond within the 20-day deadline. After being served with the petition, it is crucial to answer promptly. If you miss this deadline, the court may rule in favor of the other party by default. This can lead to unfavorable outcomes, so it’s essential to keep track of time.
Another mistake involves not providing complete or accurate information. When answering the allegations in the petition, you must clearly admit or deny each point. Some people might skip this step or provide vague responses. This can create confusion and weaken your position in court. It’s vital to read each allegation carefully and respond appropriately to ensure your side of the story is understood.
People often overlook the requirement to file additional documents along with the form. For instance, the Notice of Social Security Number and the Family Law Financial Affidavit are necessary to support your case. Failing to include these documents can delay the process or even lead to dismissal of your petition. Always double-check that you have all required paperwork before submitting your answer.
Lastly, individuals sometimes forget to sign the form in front of a notary public or deputy clerk. A signature is not just a formality; it validates the document and affirms that the information provided is true. Without this step, the court may not accept your answer, leaving you without a proper response to the petition. Take the time to ensure that you have completed all necessary steps before filing your form.
The process of responding to a petition for dissolution of marriage in Florida involves several important forms and documents. Each of these documents serves a specific purpose and contributes to the overall proceedings of the case. Understanding these forms can help ensure that all necessary steps are taken in a timely manner.
Each of these documents plays a vital role in the legal process surrounding the dissolution of marriage. Properly completing and submitting them can significantly impact the outcome of the case, making it essential to understand their functions and requirements.
The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form shares similarities with several other legal documents. Each of these forms serves a specific purpose in family law proceedings, particularly in the context of divorce and related matters. Below is a list of documents that are similar to the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form:
When filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form, it is crucial to approach the task with care and attention to detail. Below are important dos and don'ts to consider:
Following these guidelines will help ensure that your submission is handled correctly and efficiently. Take the time to understand each requirement, as this can significantly impact the outcome of your case.
Understanding the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form can be challenging. Here are some common misconceptions that people often have about this form:
Being aware of these misconceptions can help navigate the process more effectively. Understanding the requirements and implications of the form is essential for a smoother experience in the dissolution of marriage proceedings.
Filling out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form is a crucial step in the divorce process. Here are some key takeaways to keep in mind:
These points can help ensure that your response is handled properly and that your rights are protected throughout the process.