Sample Answer to Petition for Dissolution of Marriage - Florida - Edit, Fill, Sign Online

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY

LAW FORM 12.903(b), ANSWER TO PETITION FOR DISSOLUTION OF

MARRIAGE (12/10)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage and you

wish to admit or deny all of the allegations in the petition but you do not plan to file a

counterpetition seeking relief. You can use this form to answer any petition for dissolution of

marriage, whether or not there are minor child(ren).

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. This must be

done within 20 days of receiving the petition.

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed or

hand delivered to the other party in your case. You have 20 days to answer after being served with

the other party’s petition. !fter you file your answer, the case will generally proceed in one of the

following two ways:

UNCONTESTED... If you file an answer that agrees with everything in the other party’s petition and

you 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

final hearing, you must notify the other party of the hearing by using a Notice of Hearing (General),

Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing

form.

CONTESTED... If you file an answer which disagrees with or denies anything in the petition, and you

are unable to settle the disputed issues, either party may file a Notice for Trial, 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

Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for

Dissolution of Marriage (12/10)

defined there. See chapter 61, Florida Statutes, for more information.

Special notes...

With this form, you must also file the following:

 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida

Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or

minor child(ren).

 Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if

the case involves a dependent or minor child(ren). (If you do not know the other party’s income,

you may file this worksheet after his or her financial affidavit has been served on you).

 Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor

Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital

Settlement Agreement for Dissolution of Marriage with Property but No Dependent or

Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you

have reached an agreement on any or all of the issues.

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

12.902(j).

 Family Law Financial Affidavit, 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.)

 Certificate of Compliance with Mandatory Disclosure, 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.)

Parenting and Time-sharing... If you and your spouse are unable to agree on parenting

arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a

Parenting Plan. The judge will decide the parenting arrangements and time-sharing schedule based

on the child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves

jurisdiction to modify issues relating to the minor child(ren).

The judge may request a parenting plan recommendation or appoint a guardian ad litem in your

case. This means that a neutral person will review your situation and report to the judge concerning

parenting issues. The purpose of such intervention is to be sure that the best interests of the

child(ren) is (are) being served. For more information, you may consult section 61.13, Florida

Statutes.

A parenting course must be completed prior to the entry of a final judgment. You should contact

the clerk, family law intake staff, or judicial assistant about requirements for parenting courses

where you live.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for

Dissolution of Marriage (12/10)

Listed below are some terms with which you should become familiar before completing your answer

to the petition. If you do not fully understand any of the terms below or their implications, you

should speak with an attorney before going any further.

 Shared Parental Responsibility

 Sole Parental Responsibility

 Supervised Time-Sharing

 No contact

 Parenting Plan

 Parenting Plan Recommendation

 Time-Sharing Schedule

Child Support... The court may order one parent to pay child support to assist the other parent in

meeting the child(ren)’s material needs. Both parents are required to provide financial support,

but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other

parent. Florida has adopted guidelines for determining the amount of child support to be paid.

These guidelines are based on the combined income of both parents and take into account the

financial contributions of both parents and the number of overnights the child(ren) spend with each

parent. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form

12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you

should be able to calculate the amount of child support that should be paid using the Child Support

Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child

support guidelines take several factors into consideration, change over time, and vary from state to

state, your child support obligation may be more or less than that of other people in seemingly

similar situations.

Alimony... 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 a

counterpetition. Florida Supreme Court Approved Family Law Form 12.903(c)(1) (with dependent or

minor child(ren)), or Florida Supreme Court Approved Family Law Form 12.903(c)(2) (no dependent

or minor child(ren)). If you do not request alimony in writing before the final hearing, it is waived

(you may not request it later).

Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of

marital assets and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors,

including child support, any parenting plan and time-sharing schedule, and alimony awards, may

lead the court to make an unequal (but still equitable) distribution of assets and liabilities.

Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree

or the court determines belong to, or are the responsibility of, only one of the parties. If the parties

agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when

distributing marital assets and liabilities.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for

Dissolution of Marriage (12/10)

Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary

responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child

support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing

with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a),

or, if there are no dependent or minor child(ren), Motion for Temporary Support with No

Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For

more information, see the instructions for these forms.

Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or

all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with

Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or

Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor

Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign

this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree

will be considered contested and settled by the judge at the final hearing.

Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage

with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form

12.990(c)(1), and Final Judgment of Dissolution of Marriage with Property but No Dependent or

Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(2), which the judge

may use if your case is contested. If you and your spouse reach an agreement on all of the issues,

the judge may use Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren)

(Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1), Final Judgment of

Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested),

Florida Supreme Court Approved Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of

Marriage with No Property and No Dependent or Minor Child(ren), 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,

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.

Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for

Dissolution of Marriage (12/10)

___________________________________________________________________________

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.:

Division:

,

Petitioner,

and

,

Respondent.

ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE

I, {full legal name} ____________________________________________, Respondent, being

sworn, certify that the following information is true:

1. 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 allegations raised in the following paragraphs

due to lack of information: {indicate section and paragraph number} ___________________

4. If this case involves a dependent or minor child(ren), a completed Uniform Child Custody

Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved

Family Law Form 12.902(d), is filed with this answer.

5. If this case involves a dependent or minor child(ren), a completed Child Support Guidelines

Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is [

Choose one only]

( ) filed with this answer or ( ) will be filed after the other party serves his or her financial

affidavit.

6. If necessary a completed Notice of Social Security Number, Florida Supreme Court Approved

Family Law Form 12.902(j), is filed with this answer.

7. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form

12.902(b) or (c), [ Choose only one] ( ) is filed with this answer or ( ) will be timely filed.

Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage

(12/10)

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(b), Answer to Petition for Dissolution of Marriage

(12/10)

I understand that I am swearing or affirming under oath to the truthfulness of the claims

made in this answer and that the punishment for knowingly making a false statement includes fines

and/or imprisonment.

Dated:

STATE OF FLORIDA

COUNTY OF __________________________

Sworn to or affirmed and signed before me on

Signature of Respondent

Printed Name:

Address:

City, State, Zip:

Telephone Number:

Fax Number:

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: [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.

Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage

(12/10)

Fillable Printable Sample Answer to Petition for Dissolution of Marriage - Florida

Fillable Printable Sample Answer to Petition for Dissolution of Marriage - Florida

Sample Answer to Petition for Dissolution of Marriage - Florida