Florida Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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Multi-State
Control #:
US-02179BG
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Word; 
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce
  • Preview Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

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FAQ

If the responding spouse doesn't act during the 20 days, the petitioner may file a motion with the court for a default judgment in their favor. This disadvantages the non-responding spouse because they forfeit their right to argue or contest any divorce terms.

If a respondent was properly served with a petition but fails to answer, a clerk's default can be sought. If granted, this will allow your case to proceed to a final hearing without the participation or presence of the respondent. The court will then consider your petition and award you the relief you requested.

As mentioned, once served, a Petition must be responded to in twenty days. (in writing) Your spouse can respond to what you have in the Petition and also file a Counter-Petition asking for whatever they may want.

Filing for a Dissolution of Marriage in Florida The first form you must complete is called the "Petition for Dissolution of Marriage." Within this petition you will need to include all issues you wish to be addressed in court: dividing assets, child support, alimony, etc.

In general there is no clear advantage to filing first; however, the party that files first has generally done the research and the diligent inquiry as to how he or she needs to prepare for divorce since they are taking the first action.

As mentioned, once served, a Petition must be responded to in twenty days. (in writing) Your spouse can respond to what you have in the Petition and also file a Counter-Petition asking for whatever they may want.

In Florida, there is no difference between a dissolution of marriage and a divorce. Under Florida law (Florida Statutes Chapter 61), ?dissolution of marriage? is simply the legal term used to describe divorce.

The good news is that in Florida, you can still get a divorce even if the other party will not sign the divorce papers. Because Florida is a ?no-fault? state, you don't have to prove that one spouse or the other was at fault in the divorce. Instead, you just have to state that the marriage is irretrievably broken.

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Florida Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce