Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form PDF Details

Responding to a petition for dissolution of marriage signifies a crucial step in the formal ending of a marriage, especially when no dependent or minor children or property are involved. The Florida Answer to Petition and Counterpetition for Dissolution of Marriage, denoted by the Supreme Court Approved Family Law Form 12.903(c)(3), provides a structured protocol for individuals to both reply to a petition and seek additional remedies not initially requested. This dual-purpose document allows for the affirmation or denial of the allegations presented in the initial petition, thus clarifying one's stance on each point raised. Moreover, it opens an avenue for respondents to assert their own terms by including a counterpetition. Among other requisites, the form mandates the completion and filing of several supplementary documents aimed at substantiating the circumstances and claims of the party filing the answer and counterpetition, such as financial affidavits and corroborating witness affidavits. The ramifications of not correctly addressing alimony and marital assets/liabilities are profound, potentially precluding any future claims to spousal support or property division. Furthermore, the form delineates the procedural steps post-filing, which differ based on whether the dissolution is contested or uncontested, each pathway requiring meticulous adherence to procedural mandates to advance towards a final hearing or trial. The inclusion of instructions for nonlawyers underscores the imperative of informed assistance in the event that legal representation is not engaged, thereby guiding individuals through the complexities of the legal process toward the dissolution of marriage in Florida.

QuestionAnswer
Form NameFlorida Answer to Petition and Counterpetition for Dissolution of Marriage Form
Form Length5 pages
Fillable?Yes
Fillable fields59
Avg. time to fill out13 min 7 sec
Other namesForm 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property

Form Preview Example

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 underlinein 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.

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)

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

MINOR CHILD(REN) OR PROPERTY

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] (

) is (

) is not a member of the military service.

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:

 

 

 

 

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.

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)

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1. Complete the Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property with a number of essential blank fields. Gather all the necessary information and ensure there is nothing missed!

Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form completion process detailed (portion 1)

2. Soon after filling in this part, go on to the next part and enter the essential particulars in all these blank fields - I agree with Petitioner as to the, I disagree with Petitioner as to, I currently am unable to admit or, COUNTERPETITION FOR DISSOLUTION OF, MINOR CHILDREN OR PROPERTY, JURISDICTIONRESIDENCE Husband, and Petitioner one only is is.

Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form completion process clarified (stage 2)

3. This next portion is mostly about MARRIAGE HISTORY Date of marriage, if approximate, and Florida Supreme Court Approved - fill out all of these empty form fields.

MARRIAGE HISTORY Date of marriage, Florida Supreme Court Approved, and if approximate in Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form

4. To move onward, the following stage involves completing a couple of form blanks. These include one only, a The marriage is irretrievably, THERE ARE NO MARITAL ASSETS OR, and RESPONDENT FOREVER GIVES UP HISHER, which are fundamental to continuing with this particular process.

The best way to prepare Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form stage 4

5. To wrap up your document, the last part includes some additional blank fields. Filling in RESPONDENTSCOUNTERPETITIONERS, restoring Wifes former name as, I certify that a copy of this, delivered to the persons listed, Petitioner or hisher attorney Name, and Florida Supreme Court Approved will certainly conclude everything and you will be done quickly!

Filling in section 5 of Florida Answer to Petition and Counterpetition for Dissolution of Marriage Form

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