What is an answer and cross petition?
Pleadings allowed on review include a petition for review, a cross petition for review, a response to a petition for review, a response to a cross petition for review, and a reply to a response to a petition for review.
What happens after you respond to a divorce petition in Florida?
After filing an answer to your spouse’s petition for divorce, you should start gathering documents and pieces of evidence that may be relevant to your case. You will need to collect a plethora of documents for your divorce case in Florida, including but not limited to: Tax returns.
How long does a respondent have to answer divorce in Florida?
20 days
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.
What is the benefits of cross petition in divorce?
The benefit of a Cross Petition in divorce is that you can refute the reason given by your ex in the Divorce Petition, giving you the opportunity to say why, in your opinion, your marriage has irretrievably broken down.
What is an answer in a divorce?
An ANSWER is a paper filed by the Defendant stating what his/her objections are to the divorce petition and what he/she wants from the divorce.
Does the respondent have to pay for divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
Can I ignore a divorce petition?
Ignoring the Divorce Petition You can apply on the basis that you have a certificate of service from the process server, which proves to the court that the divorce petition has been served to the intended recipient.
How do I respond to divorce papers in Florida?
In responding to divorce papers in Florida, you can file an ‘answer’, a ‘counterclaim’, or both. Simply put, the answer is a response to your spouse’s allegations, statements, or complaint. You will have the chance to highlight the specific points with which you disagree.
What does an answer to a petition mean?
In law, an answer refers to a defendant’s first formal written statement to a plaintiff’s initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
Can a judge deny a divorce in Florida?
Technically, a Florida family court judge has the discretion to deny the divorce. Most of the reasons to decline to issue the divorce decree have to do with a missing document like marital asset disclosures or a child support schedule.
Is husband responsible for wife’s credit card debt in Florida?
When spouses have joint credit cards, car loans, and mortgages together, it is considered marital debt. Under Florida law, both spouses would be responsible for this type of debt.
What assets are protected in a divorce in Florida?
In a Florida divorce, the court will divide “marital” assets and liabilities….Non-marital property includes:
- Pre-Marital Assets.
- Assets Acquired by Inheritance or Gift (Noninterspousal).
- Income from Non-Marital Assets.
How long does a divorce take in Florida if one party doesn’t agree?
A divorce can take anywhere between 3 and 24 months depending on whether it is contested or uncontested. The average uncontested divorce takes 3 months. The average contested divorce takes 12 months. The amount of time varies according to the judge, the county, and the will of the parties to speed things up or delay.
When to file an answer to a divorce petition in Florida?
This must be done within 20 days of receiving the petition. This is the first of the Florida divorce answer and counter-petition forms, the Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Children, Form 12.903 (c) (1).
What are the divorce answer forms?
The first of these divorce answer forms is the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage, Form 12.903 (a). This form should be used when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing.
What is the answer to petition and counterpetition form?
The rest of the Answer to Petition and Counterpetition form is similar to the Petition for Dissolution of Marriage with Children form. Have a look at our web-powered instructions page for Florida divorce form 12.901 (b) (1) for more information and help filling out this section.
What is the answer form for divorce with no dependent children?
• Form 12.903 (c) (3) Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Children The first of these divorce answer forms is the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage, Form 12.903 (a).