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Content Overview

Understanding Florida Answer to Petition and Counterpetition for Dissolution of Marriage

  1. What is the purpose of the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form?

    This form is designed for individuals responding 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 made in the petition and to request additional relief from the court, such as restoring a former name.

  2. How do I complete and file this form?

    First, fill out the form by typing or printing in black ink. After completing it, sign the form in front of a notary public or deputy clerk. You must then 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.

  3. What happens after I file the form?

    You have 20 days from the date you are served with the petition to submit your answer and counterpetition. After you file, the other party must respond to your counterpetition within 20 days. If both parties agree on all issues, the case is uncontested and can proceed to a final hearing.

  4. What if we disagree on issues?

    If you and your spouse do not agree on any issues, your case is considered contested. In this situation, you may need to file a Notice for Trial after fulfilling mandatory disclosure requirements. Some circuits may also require mediation before setting a final hearing.

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

    You must also submit several other documents, including:

    • Affidavit of Corroborating Witness or a photocopy of your current Florida driver’s license, identification card, or voter’s registration card.
    • Notice of Social Security Number.
    • Family Law Financial Affidavit.
    • Certificate of Compliance with Mandatory Disclosure.
  6. What if I want to request alimony?

    If you wish to seek spousal support (alimony), you cannot use this form. Instead, you must file a separate request in your answer and counterpetition. This form effectively waives your rights to alimony from the petitioner.

  7. What does it mean if I state there are no marital assets or liabilities?

    By declaring that there are no marital assets or liabilities, you are confirming that neither party has any shared property or debts that need to be divided. This is a crucial point in the dissolution process, as it simplifies the court's decision-making.

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

    If you require assistance, a nonlawyer can help you. However, they must provide you with a Disclosure from Nonlawyer and include their contact information on the forms they assist you with. This ensures transparency and compliance with legal requirements.

Common mistakes

  1. Not responding within the time limit: After being served, you have 20 days to respond. Missing this deadline can lead to automatic judgments against you.

  2. Failing to admit or deny allegations: It's important to clearly indicate which parts of the petition you agree or disagree with. Leaving this blank can confuse the court.

  3. Not including required documents: You must file additional forms like the Notice of Social Security Number and the Family Law Financial Affidavit. Omitting these can delay your case.

  4. Inaccurate personal information: Ensure your name, address, and other personal details are correct. Mistakes can lead to complications in your case.

  5. Neglecting to sign before a notary: Your form must be signed in front of a notary public or deputy clerk. Not doing this makes the document invalid.

  6. Ignoring the need for a counterpetition: If you want something not included in the original petition, you must file a counterpetition. Failing to do so means you may not get what you want.

How to Use Florida Answer to Petition and Counterpetition for Dissolution of Marriage

After you have been served with a petition for dissolution of marriage, it is important to respond promptly. You will need to fill out the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form accurately. This form allows you to admit or deny allegations made in the petition and to request specific relief from the court. Following the completion of this form, you will file it with the court and provide a copy to the other party.

  1. Obtain the Florida Answer to Petition and Counterpetition for Dissolution of Marriage form, ensuring it is the correct version approved by the Florida Supreme Court.
  2. Type or print your answers clearly in black ink.
  3. Fill in your full legal name as the Respondent at the top of the form.
  4. In the "Answer to Petition" section, indicate which allegations you agree with, disagree with, or cannot admit or deny. Provide the specific paragraph numbers from the petition.
  5. In the "Counterpetition for Dissolution of Marriage" section, confirm that you and/or your spouse have lived in Florida for at least six months prior to filing.
  6. Provide information regarding military service status for both parties.
  7. Complete the marriage history section, including the date and place of marriage, as well as the date of separation.
  8. Affirm that there are no minor or dependent children and that the wife is not pregnant.
  9. File a completed Notice of Social Security Number form along with your counterpetition.
  10. Indicate the reason for the dissolution of marriage, selecting either that the marriage is irretrievably broken or that one party has been adjudged mentally incapacitated.
  11. State that there are no marital assets or liabilities.
  12. Confirm that you are giving up any rights to spousal support (alimony) from the petitioner.
  13. If applicable, indicate whether you wish to restore a former name.
  14. Summarize your requests for relief in the final judgment section.
  15. Sign the document in the presence of a notary public or deputy clerk.
  16. Make a copy of the completed form for your records.
  17. File the original form with the clerk of the circuit court in the county where the petition was filed.
  18. Mail or hand deliver a copy of the form to the other party.

File Specs

Fact Name Details
Form Purpose This form is used to respond to a petition for dissolution of marriage when there are no dependent or minor children or property involved.
Governing Law The form is governed by Chapter 61 of the Florida Statutes, which outlines the laws regarding dissolution of marriage.
Filing Deadline You have 20 days to file your answer after being served with the petition.
Signature Requirement The form must be signed in front of a notary public or a deputy clerk to be valid.
Counterpetition The counterpetition allows you to request additional relief from the court, such as restoring a former name.
Alimony Rights By using this form, you waive your rights to spousal support unless explicitly requested in writing.
Uncontested vs. Contested The dissolution is uncontested if both parties agree on all issues; otherwise, it is contested.
Additional Forms Required You must also file forms such as the Notice of Social Security Number and the Family Law Financial Affidavit.
↓ Florida Answer to Petition and Counterpetition for Dissolution of Marriage PDF Form

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