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The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form serves as a crucial document for individuals navigating the dissolution of marriage process without minor children or shared property. This form allows a respondent to formally address the allegations made in the original petition, providing an opportunity to admit, deny, or claim lack of information regarding specific claims. Additionally, it includes a counterpetition section, where the respondent can request specific relief from the court, such as the restoration of a former name. It is essential to complete this form accurately, as it must be filed within 20 days of being served with the petition. After filing, the respondent must also ensure that a copy is delivered to the other party. The case can proceed uncontested if both parties agree on all issues or contested if there are disagreements. In either scenario, additional documents must be submitted alongside this form, including a Notice of Social Security Number and a Family Law Financial Affidavit. Understanding the implications of this form is vital, especially regarding the relinquishment of rights to spousal support and the declaration of no marital assets or liabilities. Proper completion and filing of this form will help facilitate a smoother legal process in the dissolution of marriage proceedings.

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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.

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)

➤ PDF File

Form Specifications

Fact Name Details
Purpose of the 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 and request additional relief from the court.
Filing Deadline Respondents have 20 days to file their answer after being served with the petition. Timely filing is crucial to ensure the case proceeds smoothly.
Required Attachments Along with this form, respondents must file an Affidavit of Corroborating Witness or a photocopy of a current identification, a Notice of Social Security Number, a Family Law Financial Affidavit, and a Certificate of Compliance with Mandatory Disclosure.
Alimony Rights By using this form, the respondent waives any rights to spousal support (alimony) from the petitioner unless a request is made in writing.
Governing Law This form is governed by Chapter 61 of the Florida Statutes, which outlines the procedures for dissolution of marriage in the state of Florida.

Florida Answer to Petition and Counterpetition for Dissolution of Marriage: Usage Guidelines

Completing the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form requires careful attention to detail. After filling out the form, you will need to sign it before a notary public or deputy clerk. Once filed with the clerk of the circuit court, you must also ensure the other party receives a copy. The next steps depend on whether your case is contested or uncontested.

  1. Begin by typing or neatly printing your full legal name at the top of the form.
  2. Fill in the case number and division as assigned by the court.
  3. In the "Answer to Petition" section, indicate which allegations you agree with, disagree with, or cannot admit or deny by referencing the specific numbered paragraphs from the petition.
  4. Move to the "Counterpetition for Dissolution of Marriage" section. Mark whether you or your spouse has lived in Florida for at least six months prior to filing.
  5. Indicate the military status of both parties by checking the appropriate boxes.
  6. Provide details of your marriage history, including the date and place of marriage and the date of separation.
  7. Confirm that there are no minor children or dependents involved and that the wife is not pregnant.
  8. Attach a completed Notice of Social Security Number form as required.
  9. State the grounds for dissolution of marriage by checking the appropriate box regarding the irretrievable breakdown of the marriage or mental incapacity.
  10. Affirm that there are no marital assets or liabilities and that you are waiving your rights to spousal support.
  11. If applicable, indicate whether the respondent wishes to restore a former name.
  12. Summarize any other relief you are requesting in the final judgment.
  13. Certify that you have provided a copy of this document to the other party by checking the appropriate box and filling in the details of the recipient.
  14. Sign the form, providing your printed name, address, and contact information.
  15. Have the form notarized by a notary public or deputy clerk, who will complete their section.
  16. If a nonlawyer assisted you, ensure they fill in their information at the bottom of the last page.

Your Questions, Answered

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 you to admit or deny the allegations in the petition and to request specific actions from the court, such as restoring your former name.

How should I fill out this form?

The form should be completed by typing or printing in black ink. Make sure to accurately respond to the allegations and clearly state your requests in the counterpetition section. After completing the form, sign it in front of a notary public or deputy clerk.

What happens after I file the form?

You have 20 days to file your answer after being served with the petition. Once filed, you must also provide a copy to the other party. The other party then has 20 days to respond to your counterpetition.

What if my dissolution is uncontested?

If both parties agree on all issues, the dissolution is considered uncontested. In this case, either party can set a final hearing after complying with mandatory disclosure and filing all required documents. Notify the other party about the hearing using an appropriate notice form.

What if my dissolution is contested?

If there are disagreements on any issues, the dissolution is contested. You may need to file a Notice for Trial after fulfilling mandatory disclosure requirements. Some circuits might require mediation before setting a final hearing, so check with the court staff for guidance.

What additional documents do I need to file with this form?

You must also file several additional forms, including an Affidavit of Corroborating Witness or a copy of your identification, a Notice of Social Security Number, a Family Law Financial Affidavit, and a Certificate of Compliance with Mandatory Disclosure. These documents must be submitted within specific time frames.

What does it mean to give up my rights to alimony?

By using this form, you are waiving any rights to spousal support from the petitioner. If you wish to request alimony, you need to do so in writing using the appropriate forms.

Are there any marital assets or liabilities involved?

This form is used under the assumption that there are no marital assets or liabilities. If there are any, you will need to address them in your response.

What should I do if I need help filling out this form?

If a nonlawyer assists you, they must provide a Disclosure from Nonlawyer and include their contact information on the form. Make sure you understand all the information before submitting your documents.

Common mistakes

  1. Failing to respond within the 20-day deadline: After being served with the petition, it is crucial to respond within 20 days. Missing this deadline can result in a default judgment against you.

  2. Not admitting or denying allegations correctly: When filling out the answer section, ensure that you accurately admit or deny each allegation. Failing to do so can lead to misunderstandings in court.

  3. Incomplete or incorrect personal information: Double-check that your name, address, and case number are filled out correctly. Errors can cause delays and confusion.

  4. Neglecting to file required supporting documents: Remember to include all necessary documents such as the Affidavit of Corroborating Witness and Notice of Social Security Number. Missing these can hinder your case.

  5. Not providing a valid reason for the counterpetition: If you are requesting something from the court, clearly state your reasons. Ambiguous requests can be dismissed.

  6. Overlooking the requirement for notarization: After completing the form, you must sign it in front of a notary public or deputy clerk. Failing to do so invalidates the document.

  7. Assuming there are no marital assets or liabilities: If there are any assets or debts, you must disclose them. Stating that none exist when there are can lead to legal repercussions.

  8. Ignoring the implications of waiving alimony: By using this form, you give up your right to spousal support. Ensure you understand this before proceeding.

  9. Failure to provide proper notice to the other party: After filing, you must mail or hand-deliver a copy of the form to the other party. Neglecting this step can complicate your case.

Documents used along the form

When navigating the dissolution of marriage process in Florida, it's essential to understand that several forms and documents accompany the Florida Answer to Petition and Counterpetition for Dissolution of Marriage. Each of these documents serves a specific purpose in ensuring that the legal proceedings are conducted smoothly and in accordance with the law.

  • Affidavit of Corroborating Witness (Form 12.902(i)): This document provides additional evidence to support your claims in the dissolution process. It typically includes a statement from a witness who can verify the facts of your case.
  • Notice of Social Security Number (Form 12.902(j)): This form is necessary for the court to have your Social Security number on record, which is important for identification and financial matters.
  • Family Law Financial Affidavit (Forms 12.902(b) or (c)): This affidavit outlines your financial situation, including income, expenses, assets, and liabilities. It must be filed within 45 days of being served with the petition.
  • Certificate of Compliance with Mandatory Disclosure (Form 12.932): This certificate confirms that you have shared all required financial documents with the other party, as mandated by the court.
  • Final Judgment of Dissolution of Marriage (Form 12.990(b)(3)): This form is used to finalize the dissolution process. It outlines the court's decision regarding the marriage and any other relevant matters.
  • Notice of Hearing (Form 12.923): If you want to schedule a hearing, this form notifies the other party of the date and time, ensuring they have the opportunity to attend.
  • Answer to Counterpetition (Form 12.903(d)): If the other party files a counterpetition, you must respond using this form within 20 days, addressing their claims and requests.
  • Notice for Trial (Form 12.924): If the case is contested and you cannot reach an agreement, this document is used to formally request a trial date from the court.
  • Disclosure from Nonlawyer (Form 12.900(a)): If a nonlawyer assists you in completing the forms, this disclosure must be provided to ensure transparency about their role in the process.

Understanding these documents can help you navigate the dissolution of marriage process more effectively. Each form plays a crucial role in ensuring that your rights are protected and that the court has all the necessary information to make informed decisions. Being well-prepared will help you approach your case with confidence.

Similar forms

The Florida Answer to Petition and Counterpetition for Dissolution of Marriage form has several similar documents that serve different purposes within family law. Here are ten documents that share similarities with this form, along with explanations of how they relate:

  • Answer to Counterpetition: This document is used by the original petitioner to respond to the counterpetition filed by the respondent. Like the Answer to Petition, it allows the petitioner to admit or deny allegations and request specific relief from the court.
  • Notice of Hearing (General): This form is utilized to notify the other party about a scheduled hearing. Similar to the Answer to Petition, it is essential for ensuring that both parties are aware of court proceedings and can prepare accordingly.
  • Notice for Trial: When disputes arise, this form is filed to set a trial date. It functions similarly to the Answer to Petition by advancing the case through the court system, especially when both parties cannot reach an agreement.
  • Family Law Financial Affidavit: This document provides a detailed account of an individual's financial situation. It is similar to the Answer to Petition in that it is a required filing in divorce cases, helping the court understand the financial context of the parties involved.
  • Certificate of Compliance with Mandatory Disclosure: This form confirms that both parties have exchanged necessary financial documents. Like the Answer to Petition, it is crucial for maintaining transparency and fairness during the dissolution process.
  • Affidavit of Corroborating Witness: This affidavit may be necessary to support claims made in the counterpetition. It serves a similar purpose to the Answer to Petition by providing evidence to the court regarding the parties' circumstances.
  • Final Judgment of Dissolution of Marriage: This document concludes the divorce process. It is related to the Answer to Petition as it reflects the court's decisions based on the petitions and counterpetitions submitted by both parties.
  • Notice of Social Security Number: This form is required to protect personal information during the legal process. It parallels the Answer to Petition in that it ensures compliance with legal requirements and safeguards sensitive data.
  • Petition for Dissolution of Marriage: This is the initial document that starts the divorce process. It is similar to the Answer to Petition as it outlines the requests and allegations that the responding party must address.
  • Disclosure from Nonlawyer: This form must be provided when a nonlawyer assists in completing legal documents. It relates to the Answer to Petition by ensuring that individuals receive proper guidance while navigating the legal process.

Understanding these related documents can help individuals navigate the complexities of divorce proceedings with greater confidence and clarity.

Dos and Don'ts

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 you should and shouldn’t do:

  • Do ensure that all information is accurate and truthful. Your statements will be sworn under oath.
  • Do file the completed form with the clerk of the circuit court within 20 days of being served with the petition.
  • Do provide a copy of the form to the other party, either by mail or hand delivery.
  • Do sign the form in the presence of a notary public or deputy clerk before filing.
  • Don't leave any sections blank unless instructed otherwise. If you cannot admit or deny an allegation, clearly state that.
  • Don't forget to include all required accompanying documents, such as the Notice of Social Security Number and the Family Law Financial Affidavit.
  • Don't use any ink other than black when completing the form. This is a requirement for legibility.
  • Don't assume that the court will provide guidance on how to fill out the form. It’s your responsibility to understand the instructions.

Misconceptions

  • Misconception 1: This form can be used for cases involving children or property.

    • This form is specifically designed for situations where there are no dependent or minor children and no marital property involved. Using it in a case that does include these elements could lead to complications and delays.

  • Misconception 2: Filing this form means you automatically give up your rights to alimony.

    • While the form does state that you are waiving your rights to spousal support, it is essential to note that if you want alimony, you must explicitly request it in the counterpetition. Simply using this form does not mean you cannot seek support.

  • Misconception 3: You have unlimited time to respond after being served.

    • You actually have 20 days to file your answer and counterpetition after being served with the other party’s petition. Failing to respond within this timeframe could result in a default judgment against you.

  • Misconception 4: The dissolution process is the same whether the case is contested or uncontested.

    • The process differs significantly based on whether both parties agree on the issues. In uncontested cases, you can often set a final hearing more quickly, while contested cases may require mediation and additional steps.

  • Misconception 5: You can submit this form without any additional documentation.

    • In fact, several additional forms must be filed alongside this answer and counterpetition. These include the Notice of Social Security Number and the Family Law Financial Affidavit, among others. Neglecting to file these documents could delay your case.

Key takeaways

  • Purpose of the Form: This form is intended for individuals responding 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 and to request specific actions from the court.
  • Filing Requirements: After completing the form, it must be signed in front of a notary public or deputy clerk. The original should be filed with the circuit court clerk in the county where the petition was filed, and a copy should be retained for personal records.
  • Timeframe for Response: Respondents have 20 days from being served with the petition to file their answer and counterpetition. It is essential to adhere to this deadline to avoid potential default judgments.
  • Uncontested vs. Contested Cases: If both parties agree on all issues, the case is uncontested, and a final hearing can be scheduled. Conversely, if there are disagreements, the case is contested, and further steps, such as mediation or a notice for trial, may be required.
  • Mandatory Filings: Along with the answer and counterpetition, several additional forms must be filed, including a Notice of Social Security Number and a Family Law Financial Affidavit. These documents must be submitted within specific timeframes to ensure compliance with court requirements.
  • Alimony and Assets: By using this form, the respondent waives any rights to spousal support from the petitioner and asserts that there are no marital assets or liabilities. If alimony is desired, a separate request must be made in writing.