Florida-Answer-Counter-Petition

 

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA

 

Case No.:

Judge::
In re: the Marriage of:

Husband,

and

Wife

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)
I, {full legal name} , being sworn,certify that the following information is true:

ANSWER TO PETITION
1. I agree with 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 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)
JURISDICTION/RESIDENCE
1. 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 is or is not a member of the military service.
Respondent is or is not a member of the military service.
3. MARRIAGE HISTORY
Date of marriage: {month, day, year}
Date of separation: {month, day, year}(____Indicate if approximate)
Place of marriage: {county, state, country}
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, 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:
a. The marriage is irretrievably broken.
OR
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

[Choose only one]
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, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case.
[Indicate 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), 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. Husband Wife should be awarded an interest in the other spouse’s property because:

SECTION II. SPOUSAL SUPPORT (ALIMONY)
1. Husband Wife forever gives up his/her right to spousal support (alimony) from the other spouse.
OR
2. Husband Wife requests that the Court order the other spouse to pay the following spousal support (alimony) and claims that he or she has an actual need for the support that he or she is requesting and that the other spouse 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 Husband Wife to pay, and any specific request(s) for type of alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum):
3. Other provisions relating to alimony including any tax treatment or consequences:
4. Husband Wife requests life insurance on the other spouse’s life, provided by that spouse, to secure such support

SECTION III. OTHER
1. Wife requests to be known by her former name, which was {full legal name}
2. Wife requests to be known by her former name, which was {full legal name}

Other relief {specify}:

SECTION IV. REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

Husband Wife requests that the Court enter an order dissolving the marriage and:
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

Other party or his/her attorney:

Printed Name:
Address:
City, State, Zip:
Fax Number:
Designated E-mail Address(es):
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.


Signature of HUSBAND WIFE

Printed Name:
Address:
City,State,Zip:
Fax Number:
Designated E – mail Address(es):
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
deputy 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]

 

This form was prepared for the: {choose only one} ( ) ( ) .This form was completed with the assistance of:
{name of individual}
{name of business}
{address}
{city} {state} {telephone number}

 

Contact Information

 

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