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FORM 12.903(c)(2): INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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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) (02/18)
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. The person filing the petition
in a dissolution of marriage proceeding is also referred to as the petitioner and his or her spouse as the
respondent. The person filing the counterpetition is referred to as the counterpetitioner and his or her
spouse as the counterrespondent.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
You have 20 days to answer after being served with your spouse’s petition. A copy of this form must be
mailed, e-mailed, or hand delivered to your spouse. After you file an answer and counterpetition your
case will then generally proceed as follows:
Your spouse is required to answer your counterpetition within 20 days using an Answer to
Counterpetition, 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 contact the clerk, family
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) (02/18)
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), 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 issue raised in the
petition or counterpetition. If you are unable to settle the disputed issues, either spouse may file a
Notice for Trial, 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.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link
to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules
of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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) (02/18)
Special notes...
With this form, you must also file the following:
Affidavit of Corroborating Witness, 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), 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, Florida Supreme Court Approved Family Law Form 12.902(j).
Family Law Financial Affidavit, 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, 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 one spouse if the judge finds that one spouse has an actual need
for it and also finds that the other spouse has the ability to pay. 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 permanent alimony, bridge-the-gap
alimony, durational alimony, and/or rehabilitative alimony. If alimony is awarded, the judge may order
periodic payments, payments in lump sum, or both.
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), 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), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both of
you 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) (02/18)
Final Judgment Forms. These family law forms contain a Final Judgment of Dissolution of Marriage
with Property but No Dependent or Minor Child(ren), 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), Florida Supreme Court Approved
Family Law Form 12.990(b)(2). You should contact 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, 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) (02/18)
_______________________________
_______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________________
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No:________________________
Division:________________________
In re: the Marriage of
_________________________________,
Petitioner/Counter-Respondent,
and
Respondent/Counter-Petitioner.
ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF
MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR
CHILD(REN)
I, {full legal name} ______________________________________________________,
Respondent/Counter-Petitioner 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)
1. JURISDICTION/RESIDENCE
_____ Respondent/Counter-Petitioner _____Petitioner/ Counter-Respondent
_____ Both has (have) lived in Florida for at least 6 months before the filing of this Petition 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 Children (02/18)
____________________________________________________________________________
_____________________________________________________________________________
Dissolution of Marriage.
2. Respondent/Counter-Petitioner _____ is or _____ is not a member of the military service.
Petitioner/Counter-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
NEITHER SPOUSE IS 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. Respondent/Counter-Petitioner should be awarded an interest in the other spouse’s property
because:
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 Children (02/18)
_____________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
____________________________________________________________________________.
SECTION II. SPOUSAL SUPPORT (ALIMONY)
1. Respondent/Counter-Petitioner forever gives up any right to spousal support (alimony) from the
other spouse.
OR
2. Respondent/Counter-Petitioner 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, or _____ other _________________beginning {date}
_______________________ and continuing until {date or event} ____________________
_______________________________________________________________________________.
Explain why the Court should order Petitioner/Counter-Respondent 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. Respondent/Counter-Petitioner requests life insurance on the other spouse’s life, provided by that
spouse, to secure such support.
SECTION III. OTHER
1. Respondent/Counter-Petitioner requests to be known by the following former legal name, which
was {former legal name}___________________________________________________________.
2. Other relief {specify}:
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 Children (02/18)
____________________________________________
___________________________________________
____________________________________________
SECTION IV. REQUEST (This section summarizes what you are asking the Court to include in the final
judgment of dissolution of marriage.)
Respondent/Counter-Petitioner 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 Respondent/Counter-Petitioner’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 _____ mailed _____ faxed and mailed
_____ e-mailed _____ hand delivered to the person(s) listed below on {date}____________________.
Petitioner/Counter-Respondent 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.
Dated: ______________________ ____________________________________________
Signature of Respondent/Counter-Petitioner
Printed Name: ______________________________
Address:_____________________________________
City, State, Zip:________________________________
Telephone Number:___________________________
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.}
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 Children (02/18)
____ 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 Respondent/Counter-Petitioner
This form was completed with the assistance of:
{name of individual} _____________________________________________________________,
{name of business} ______________________________________________________________,
{address} ______________________________________________________________________,
{city} ____________,{state} _____,{zip code}__________,{telephone number} __________________.
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 Children (02/18)
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FORM 12.903(c)(2): INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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Completed 10 January 2021

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