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WIFE’S AMENDED ANSWER TO HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE and WIFE’S VERIFIED COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE AND OTHER RELIEF

WIFE’S AMENDED ANSWER TO HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE and WIFE’S VERIFIED COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE AND OTHER RELIEF

This document is an amended counter-petition for the dissolution of marriage.

 

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORIDA

 

In Re: The Marriage of                                            Case Number:

JOHN DOE

Petitioner/Husband,

and

JANE DOE,

Respondent/Wife.

_______________________________/

WIFE’S AMENDED ANSWER TO HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE and WIFE’S VERIFIED COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE AND OTHER RELIEF

The Respondent/Wife, JANE DOE, through her undersigned attorney files this her Amended Answer to Husband’s Petition for Dissolution of Marriage and states as follows:

  1. Admit the allegations in paragraph 1;
  2. Admit the allegations in paragraph 2;
  3. Admit the allegations in paragraph 3;
  4. Admit the allegations in paragraph 4;
  5. Admit the allegations in paragraph 5;
  6. Admit the allegations in paragraph 6;
  7. Deny the allegations in paragraph 7;
  8. Deny the allegations in paragraph 8;
  9. Deny the allegations in paragraph 9;
  10. Deny the allegations in paragraph 10.

WIFE’S VERIFIED COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE AND OTHER RELIEF

As and for her Verified Counter-Petition for Dissolution of Marriage and Other Relief, the Wife states:

  1. Action for Dissolution: This is an action for dissolution of marriage between the Wife and the Husband.
  1. Residency: The Wife has been a continuous resident of State of Florida for more than six (6) months immediately prior to the filing of this Petition.
  1. Non-Military Service: Both parties are over the age of 18 and neither is, nor has been within a period of 30 days immediately prior to this date, a person in the military service of the United States as defined by the Amended Soldiers’ and Sailor’s Civil Relief Act of 1940.
  1. Marriage. The parties were duly married to each other on September 14, 2007 in Fort Lauderdale, Florida.
  1. Grounds – Irretrievably Broken. The marriage of the parties is irretrievably broken.
  1. Children. There were no children born of the marriage and none are contemplated.
  1. Life Insurance.   The Petitioner/Wife requests that the Husband obtain life insurance to secure his alimony obligation.
  1. Standard of Living.  The parties have enjoyed a comfortable standard of living during the course of the marriage.  The Husband earns a good living and is retired from the National Guard.  The Wife is has devoted herself to the Husband and to the marriage as the homemaker, caretaker, and dutiful wife, while the Husband provided the primary financial support of the parties. The Wife took care of the Husband while he was sick and had prostate surgery and has always cared for the Husband.  The Wife even stopped working to care for the Husband when he fell and broke his shoulder.   The Wife only worked part-time during the marriage.
  1. Husband’s Financial Misconduct.   The Husband has dissipated marital funds for his own purposes and the Wife seeks an unequal equitable distribution of the parties assets and liabilities.
  1. Contribution of the Wife.   All throughout the marriage the Wife assisted the Husband.  While also devoting herself in the traditional manner to her husband, the Wife has contributed her efforts to the success of the marital partnership, to the support of the family, has been a dutiful wife, caretaker, homemaker, hostess, friend, cook and companion to the Husband.
  1. Alimony.  The Wife is entitled to temporary, durational, permanent alimony and/or lump sum alimony.  The Husband has the ability to pay same.  The Wife has been a devoted homemaker and caretaker of the Husband during the marriage and only worked part-time outside the home by agreement of the parties.   The Wife is dependent on the Husband for her support.  The Wife is unable to maintain herself in the standard of living she enjoyed during the marriage without alimony from the Husband.  Conversely, the Husband is retired from the Army National Guard and is capable of supporting the Wife in a standard of living consistent with that enjoyed by the parties during the marriage.  The Wife is entitled to be kept in the lifestyle to which she has become accustomed.  Additionally, the Wife has health issues including, high blood pressure, leg issues, and high cholesterol.  The Wife is entitled to durational, permanent and/or lump sum alimony.
  1. Unequal Equitable Distribution of Assets and Liabilities: The parties have accumulated certain assets and liabilities during the course of their marriage which should be equitably distributed between them in accordance with Section 61.075, Florida Statutes.  The Wife requests that the Court order an unequal equitable distribution of the parties assets and liabilities for all her contributions during the marriage and due to the Husband’s dissipation of marital funds.
  1. Real Property located at N Avenue, Unit 30 North Miami, Florida

The Husband owns real property titled in his name and located at XXXXXXX legally described as:

Attached hereto as Exhibit “A”

The parties have resided in this property at times during the marriage.  The Wife gave the Husband money for this property.   Additionally, the Wife renovated this property and utilized marital funds for this property and the Wife seeks an equitable distribution.  The parties are renting the property and utilizing the funds to pay the mortgage.

  1. Marital Residence: The Husband owns a home which the parties have resided in at times throughout the marriage located at XXXXXXXXXX legally described as:                                          

Attached hereto as Exhibit “B”

The Wife requires exclusive use and occupancy of the marital residence, both pendente lite and permanently.  The Wife seeks an equitable distribution of the marital residence.

The Husband convinced the Wife to sign as co-signor for a reverse mortgage on this property.  The Wife seeks an equitable distribution of this property.

  1. Financial or Retirement Accounts.  The Wife seeks equitable distribution of any and all marital financial or retirement accounts.
  1. Debts.  The parties may have incurred certain credit card debts and other debts which both parties should be required to pay.
  1. Life Insurance on Behalf of the Wife: The Husband should be required to maintain life insurance in an amount sufficient to secure his alimony obligation.
  1. Medical Insurance on Behalf of the Wife.  The Husband has maintained medical insurance for the Wife through Tricare through the Army and should continue to do so including cobra for the Wife and a conversion policy.  Additionally, the Husband should be responsible for 100% of any and all uncovered medical and dental expenses.
  2. Attorney’s Fees, Costs, and Suit Monies:  The Wife has employed Larry D.Schott, Esquire, to represent her in this action and has agreed to pay the firm a reasonable attorney’s fee for this representation. The Wife is in need and the Husband has the superior ability to pay the Wife’s attorney fees, suit monies, costs, and expenses for this action and to pay temporary attorney’s fees and costs pursuant to Florida Statute 61.16 and case law.
  1.  Maiden Name.  The Wife requests her maiden name of “Doe” be restored to her.

WHEREFORE, the Wife respectfully requests the entry of a Final Judgment awarding her the following equitable relief:

  1. Assuming jurisdiction over the parties and the subject matter hereto;
  2. Dissolving the parties’ marriage a vinculo matrimonii;
  3. Awarding the Wife alimony;
  4. Equitably distributing the marital assets and liabilities of the parties in accordance with Section 61.075, Florida Statutes and award the Wife an equal distribution pursuant to Florida law.
  5. Awarding the Wife exclusive use and occupancy of the marital residence pendente lite and permanently;
  6. Requiring the Husband to maintain life insurance in an amount sufficient to secure his alimony obligation, naming;
  7. Allow the Wife to restore her maiden name of “Doe”.
  8. Equitably distributing the parties’ real property and retirement and any assets;
  9. Requiring the Husband to maintain health insurance for the Wife, including Cobra and conversion policy.
  10. Reserving jurisdiction over the parties hereto and the subject matter hereof
  11. to enter such Orders as this Court deems just and equitable under the circumstances.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this notice and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:_________________________

__________________________________
JANE DOE

 

STATE OF FLORIDA         )

COUNTY OF BROWARD  )

BEFORE ME, the undersigned authority, personally appeared JANE DOE known to me or who produced  __________________ as identification, under penalties of perjury and having been sworn under oath, verifies that the above contents and information is true and correct to the best of her personal knowledge and that she executed this document.

WITNESS my hand and seal in the State and County aforesaid this ______ day of October 20___.

 

______________________________
NOTARY PUBLIC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to _____________________________ by e-service at: XXXXXXXXX on this _____day of November 20___.

 

LAW OFFICES OF Larry D. Schott

Attorney for Wife

By:____________________________

LARRY D. SCHOTT

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon in any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.