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An Answer to a Counterclaim is a written response by you, the Plaintiff, to the Defendants Counterclaim. The Answer to Counterclaim must also state defenses to each of the Defendants counterclaims in short, plain statements.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
: a petition that supports or advocates positions or actions counter to those supported or advocated in another petition : an opposing petition.
In a counter-petition you need to include all the things listed in the response, as well as: An outline of your own requests for relief. Any counter-allegations that your spouse committed that caused detrimental harm to the marriage.
Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.
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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.
Provide a concise summary of the key issues and events pertaining to the custody situation. Focus on highlighting factors that would be in the best interests of any children involved, such as stability, safety, and meeting the childrens needs. Avoid making accusations or attacking your former spouse directly.
What is the difference between a counter-petition and a response and do I need to do both? Yes. You should definitely file both. The difference between a response and a counter-petition is that a response is merely that, a response saying that you either agree or disagree with the claims made in the petition.

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