Fillable Printable Answer to Petition for Dissolution of Marriage - Florida

Answer to Petition for Dissolution of Marriage - Florida

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.