Fill and Sign the Florida Answer to Petition for Dissolution of Marriage Form

Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 ) INSTRUCTIONS FOR FLORIDA SUPREME COURT APP ROVED FAMILY LAW FORM 12.903(b) ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE (02/18 ) When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage and you wish to admit or deny all of the allegations in the petition but you do not plan to file a counterpetition seeking relief. You can use this form to answer a ny petition for dissolution of marriage, whether or not there are minor child(ren). 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 origi nal with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. This must be done within 20 days of receiving the petition. 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; how ever, 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 whi ch you file. The rules and procedures should be carefully read and followed. What should I do next? A copy of this form, along with all of the other forms required with this answer , must be mailed , e - mailed , or hand delivered to the other party in your case. You have 20 days to answer after being served with the other party’s petition. After you file your answer, the case will generally proceed in one of the following two ways: UNCONTESTED . If you file an answer that agrees with everything in the o ther party’s petition and you have complied with mandatory disclosure and filed all of the required papers, either party may contact the clerk, family law intake staff , or judicial assistant to set a final hearing . If you request the final 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. Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 ) CONTESTED . If you file an an swer which disagrees with or denies anything in the petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial , Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosu re 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 tri al (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 de fined there. See chapter 61, Florida Statutes, for more information. 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 recei ving 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 -repres ented 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 Curren t 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. Special notes... With this form, you may also need to file the following:  Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit , Florida Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 ) Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren).  Child Suppo rt Guidelines Worksheet , Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been se rved on you).  Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child( ren) , Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reac hed 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 with in 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 petit ion 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.) Parent ing and Time -sharing . If you and your spouse are unable to agree on parenting arrangements and a time -sharing schedule , a judge will decide for you as part of establishing a Parenting Plan . The judge will decide the parenting arrangements and time -sharing schedule based on the child(ren )’s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This m eans that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consu lt section 61.13, Florida Statutes. A parenting course must be completed prior to the entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further.  Shared Parental Responsibility  Sole Parental Responsibility  Supervised Time -Sharing Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 )  No contact  Parenting Plan  Parenting Plan Recommendation  Time -Sharing Schedule Child Support. Both parents are required to provide financial support for th eir minor or dependent child (ren ); however, the court may order one parent to pay child support to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined inco me of both parents and take into account the financial contributions of both parents and the number of overnights the child(ren) spend with each parent. You must file a Family Law Financial Affidavit , Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guideli nes Worksheet , Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that o f other people in seemingly similar situations. Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for it and that the other spouse has the ability to pay. If you want alimony, you must request it in writi ng in a counterpetition. Florida Supreme Court Approved Family Law Form 12.903(c)(1) (with dependent or minor child(ren)), or Florida Supreme Court Approved Family Law Form 12.903(c)(2) (no dependent or minor child(ren)). 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, dura tional alimony , and/ or rehabilitative alimony. If alimony is awarded, the judge may order periodic payments, payments in lump sum, or both. Marital/Nonm arital Assets and Liabilities. Florida law requires an equitable distribution of marital assets and marital liabilities . “Equitable” does not necessarily mean “equal.” Many factors, including child support, any parenting plan and time -sharing schedule , and 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 part ies 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 liabili ties. Temporary Relief. If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time -sharing with child(ren), temporary child support, or temporary alimony, you may file a Motio n for Temporary Support and Time -Sharing with Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.947(a), or, if there are no dependent or minor child(ren), Motion for Temporary Support with No Dependent or Minor Child(ren) , Fl orida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms. Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 ) 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 Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren) , Flo rida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public or deputy clerk . Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing . Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.990(c)(1), and 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 Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested) , Florida Supreme Court Approved Family Law Form 12.990(b)(1), Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Unconteste d), Florida Supreme Court Approved Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of Marriage with No Property and No Dependent or Minor Child(ren) , Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should c ontact 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. Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 ) IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA In r e: The Marria ge of Case No.: Division: , Petitioner, and , Respondent. ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE I, {full legal name} ____________________________________________ , Respondent, being sworn, certify that the following information is true: 1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, ther efore, admit those allegations: {indicate section and paragraph number} ____________________________________________________________________ _______ ___________________________________________________________________________ 2. I disagree with Petitioner as t o 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 allegations raised in the following paragraphs due to lack of information: {indicate section and paragraph number} ___________________ ___________________________________________________________________________ 4. If this case involves a dependent or minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer. 5. If this case involves a dependent or minor child(ren), a completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is [choose one only] ____ filed with this answer or ____ will be filed after the other party serves his or her financial affidavit. 6. If necessary a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer. 7. A completed Family Law Financial Affidavit, Florida Family Law Rules of Pro cedure Form 12.902(b) or (c), [Choose only one ] ____ is filed with this answer or ____ will be timely filed. Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (02/18 ) 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 or his/her attorney: 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 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: 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 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 Respondent. This form was completed with the assistance of: {name of individual } _______________________________________________________________ , {name of business} _________________________________________________________ ________ , {address } __________________ ________________________ , {city} ______ ,{state} ___ , {zip code}_________, {tele phone number } _________ _.