Answer and Counter Petition, property and no kids

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM
12.903(c)(2),
ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE
WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)
When should this form be used?
This form should be used when you are responding to a petition for dissolution of marriage with property
but no dependent or minor child(ren) 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.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for
Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00)
Special notes...
With this form, you must also file the following:
C
C
C
C
C
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).
Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor
Child(ren), O‘ 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, O‘ Florida Supreme Court Approved Family Law Form
12.902(j).
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.)
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... 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 your
counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you
may not request it later). You may request either permanent alimony, lump sum alimony, or
rehabilitative alimony.
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
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.
Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary
responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No
Dependent or Minor Child(ren), O‘ Florida Supreme Court Approved Family Law Form 12.947(c). For
more information, see the instructions for that form.
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 No
Dependent or Minor Child(ren), O‘ Florida Supreme Court Approved Family Law Form 12.902(f)(2).
Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree
will be considered contested and settled by the judge at the final hearing.
Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for
Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00)
Final Judgment Forms... These family law forms contain a Final Judgment of Dissolution of Marriage
with Property but No Dependent or Minor Child(ren), O’ 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 a Final Judgment of Dissolution of Marriage with
Property but No Dependent or Minor Child(ren) (Uncontested), O’ Florida Supreme Court Approved
Family Law Form 12.990(b)(2). 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)(2), Answer to Petition and Counterpetition for
Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00)
IN THE CIRCUIT COURT OF THE
IN AND FOR
JUDICIAL CIRCUIT,
COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner/Counter respondent,
and
,
Respondent/Counterpetitioner.
ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE
WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)
I, {full legal name}
certify that the following information is true:
, Respondent, being sworn,
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 PROPERTY BUT NO
DEPENDENT OR MINOR CHILD(REN)
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}
4.
(9 / if approximate)
THERE ARE NO MINOR (UNDER 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH
PARTIES AND THE WIFE IS NOT PREGNANT.
Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (9/00)
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 prior to the
filing of this counterpetition. A copy of the Judgment of Incapacity is attached.
SECTION I. MARITAL ASSETS AND LIABILITIES
[ / one only]
1. There are no marital assets or liabilities.
2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will
be) listed in the financial affidavits, O‘ Florida Family Law Rules of Procedure Form 12.902(b) or
(c), to be filed in this case.
[ / all that apply]
a. All marital assets and liabilities have been divided by a written agreement between the
parties, which is attached to be incorporated into the final judgment of dissolution of
marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage
with No Dependent or Minor Child(ren), O‘ Florida Supreme Court Approved Family Law
Form 12.902(f)(2).
b. The Court should determine how the assets and liabilities of this marriage are to be
distributed, under section 61.075, Florida Statutes.
c. Respondent should be awarded an interest in Petitioner’s property because:
SECTION II. SPOUSAL SUPPORT (ALIMONY)
[ / one only]
1. Respondent forever gives up his/her right to spousal support (alimony) from Petitioner.
2. Respondent requests that the Court order Petitioner to pay the following spousal support (alimony)
and claims that he or she has a need for the support that he or she is requesting and Petitioner has
the ability to pay that support. Spousal support (alimony) is requested in the amount of $
every ( ) week ( ) other week ( ) month, beginning {date}
and continuing until
{date or event}
.
Explain why the Court should order Petitioner to pay and any specific request(s) for type of alimony
(temporary, permanent, rehabilitative, and/or lump sum):
Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (9/00)
[ / if applies] ( ) Respondent requests life insurance on Petitioner’s life, provided by Petitioner, to
secure such support.
SECTION III. OTHER
1.
[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}
2.
Other relief {specify}:
SECTION IV. 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. distributing marital assets and liabilities as requested in Section I of this petition;
2. awarding spousal support (alimony) as requested in Section II of this petition;
3. restoring Wife’s former name as requested in Section III of this petition;
4. awarding other relief as requested in Section III of this petition; and any other terms the Court
deems necessary.
I certify that a copy of this document was [ / one only] (
delivered to the person(s) listed below on {date}
) mailed ( ) faxed and mailed ( ) hand
.
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/Counterpetitioner
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
STATE OF FLORIDA
Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (9/00)
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}
,
, {city}
,
a nonlawyer, located at {street}
, {phone}
, helped {name}
,
{state}
who is the respondent, fill out this form.
Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage
with Property but No Dependent or Minor Child(ren) (9/00)