WIFE’S ANSWER TO HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE AND WIFE’S COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE

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IN THE CIRCUIT COURT OF THE 17^TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA

 

In Re: The Marriage of                                            Case Number:

 

JACK KING,

 

Petitioner/Husband,

and

 

JAMIE CROWN,

 

Respondent/Wife.

 

__________________________/

WIFE’S ANSWER TO HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE and WIFE’S COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE

 

WIFE’S ANSWER TO HUSBAND’S PETITION FOR DISSOLUTION OF MARRIAGE

The Respondent/Wife, JAMIE CROWN, through her undersigned attorney files this her 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. Deny the allegations in paragraph 3. The parties were married on XXXXXXX XX,

20__ and separated on XXXXXX XX, 20__;

4. Admit the allegations in paragraph 4;
5. Admit the allegations in paragraph 5;
6. Admit the allegations in paragraph 6;
7. Admit the allegations in paragraph 7;
8. Admit the allegations in paragraph 8;
9. Admit the allegations in paragraph 9;
10. Neither admit nor deny the allegations in paragraph 10;
11. Admit the allegations in paragraph 11;
12. Admit the allegations in paragraph 12. Both parties should provide child support.
13. Admit the allegations in paragraph 13. Both parents should provide medical/dental insurance.
14. Admit the allegations in paragraph 14. Both parties should pay uncovered medical and dental expenses.

 

WIFE’S COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE

 

Count l

                                                     GENERAL ALLEGATIONS

3. Action for Dissolution of Marriage. This is a Counter-Petition for dissolution of marriage between the Counter-Petitioner/Wife, JAMIE CROWN, (hereinafter referred to as the “Wife”), and the Counter-Respondent/Husband, JACK KING, (hereinafter referred to as the “Husband”).
4. Residency and Jurisdiction as to Wife. The Counter- Petitioner/Wife has been a resident of Broward County, Florida for more than six months next before filing this petition.
5. Marriage of the Parties.  The parties were married to each other on January 17, 2014 in Hollywood, Florida.  The parties separated in XXXXX XX, 20__.
6. Irretrievably Broken. The marriage between the parties is irretrievably broken.
7. Non-Military Affidavit. Neither party is in the military service of the United States or any of its allies.
8. Minor Child. There was one (1) child born of the marriage to wit:

NHV, born on xx/xx/20__.

7. Shared Parental Responsibility/Parenting Plan/Timesharing.

It would be in the best interest of the minor child for the parties to have shared

parental responsibility of the minor child.  The Wife should have majority timesharing. The Husband should be permitted to have timesharing, including holidays provided he takes care of the child’s special allergy needs.  The child has certain allergies and requires a lot of care.  The Husband has not been very involved in her care and the Court should approve a parenting plan pursuant to Florida Statutes.

8. Parenting Plan: The Court should establish a parenting plan considering

the following statutory factors:

1. The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent child relationship.
2. The anticipated division of parental responsibility after the litigation.
3. Demonstrated capacity and disposition of each parent to consider and act upon the needs of the child as opposed to the needs and desires of that parent.

 

1. The length of time the child has lived in a stable and satisfactory

environment.

1. Geographic viability of the plan.
2. The moral fitness of the parents.
3. The mental and physical health of the parents.
4. The home, school, and community records of the child.
5. The reasonable preference of the child.
6. The demonstrated knowledge, capacity, and disposition of each

parent to be informed about the child.

1. The demonstrated capacity and disposition of each parent to provide

consistent routine for the child.

1. The demonstrated capacity of each parent to communicate with and

keep the other parent informed regarding issues and activities, regarding the minor child and the willingness of each parent to adopt a unified front as to all major issues when dealing with the child.

1. Domestic violence and other abuse and knowledge about false

information to the court regarding domestic violence and other

abuse.

1. The parent who has provided false information to the court.

 

 

1. The parenting tasks historically performed by each parent and the

division of parental responsibilities.

 

1. The demonstrated capacity and disposition of each parent to

participate and be involved in the children’s school and extra curricular activities.

1. Substance abuse of the parties.
2. The capacity and disposition of each parent to protect the child

from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents, electronic media, etc.

1. The developmental stages and needs of the child and demonstrated

capacity and disposition of each party to meet the child’s development needs.

1. Any other factor that is relevant.
2. Child Support/Day Care/Aftercare . Both parties have the ability to pay

child support in accordance with Florida’s Child Support Guidelines.   The Husband requests that the parties alternate the child dependency exemption annually.

9. Health Insurance. The Husband should continue to provide health

Insurance for the Wife and child as is the status quo.

10. Equitable Distribution. The Wife is entitled to fifty percent (50%) of the assets acquired and/or enhanced in value during the marriage, including, but not limited to the following:
11. Real property, motor vehicles, mutual funds, bank accounts, other pension, 401(k)’s, retirement plans, other financial accounts, life insurance policies, personal property and other assets.
12. Marital Property.  The parties own real property located at XXXXXXXXXXXXXX, legally described as:

See attached Exhibit “A”

which is titled in the parties’ joint names and is a marital asset.

The property should be equitable distributed between the parties.

 

12. Wife’s Non-Marital Property. The Wife owns real property located at

XXXXXXXXXXXXXX, legally described as:

Lot XX, Block XXX, of XXXXXXXXXXX XX, according to plat thereof , as recorded in Plat Book XXXXX, Page XX, of the Public Records of Broward County, Florida

 

This property should be set aside and awarded to the Wife as her non-marital property.

Wife’s Non-Marital Business.   The Wife own a business known as “XXXXXXXXXXXXX”.  This business should be set aside and awarded to the Wife as her non-marital property.

13. Automobiles.
14. The Wife currently has in her possession a 2015 Lexus and a 2017

RX350 Lexus which are titled in the Wife’s business name.  The Wife is in need and is entitled to sole use of this automobile during these proceedings and same is considered to be her car.

14. Unequal Equitable Distribution.   The Wife and her parents paid the down payment on the marital property.  The Wife seeks an unequal equitable distribution and return these funds to her and her parents.
15. Debts. The parties have incurred certain debts which should be equitably distributed.
16. Alimony. There should be no alimony awarded to either of the parties.
17. Maiden Name. The Wife requests her maiden name of “Crown” be restored to her.

 

17. Attorney’s Fees and Costs. The Wife has retained the undersigned law firm to represent her in this action.  The Husband has a responsibility to keep the fees and costs down and act reasonably in these proceedings.

 

WHEREFORE, the Counter-Respondent/Wife, JAMIE CROWN, prays this Honorable Court will:

1. Dissolve the marriage of the parties;
2. Approve a parenting plan for the parties and child with the parties having

shared parental responsibility and the Wife having majority timesharing with the minor child.

1. Order both parties to provide child support for the child pursuant to the child support guidelines;
2. Order the Husband to provide medical/dental insurance for the child and Wife and uncovered medical and dental expenses;
3. Equitably divide any and all marital assets of the parties;
4. Equitably divide any and all debts of the parties;
5. Equitably divide any the parties’ personal property;
6. Equitably divided the marital parcels of real property;
7. Award the Wife her non-marital property and business;
8. Award the Wife an unequal equitable distribution;
9. Allow the Wife to restore her maiden name of “Ramkhelawan”.
10. Grant such other and further relief as may be deemed just and proper.

 

 

COUNT 2

PARTITION OF REAL AND PERSONAL PROPERTY

1. This is a Petition for partition of real and personal property pursuant to Florida Statutes 64.

 

2. The property sought to be partitioned is located in Broward County, Florida located at: XXXXXXXXXXXX and is described as follows:

 

See attached Exhibit “A”

 

3. The property described above is not reasonably susceptible of an equitable

physical division because of the configuration of certain improvement thereon or because of other restrictions, limitation, and requirements applicable to the particular property set forth above A private sale of the property pursuant to F.S. 64.061(4) would not be prejudicial to the interests of the parties.

 

4. The names, residences, and interests of all persons interested in the property described above, to the best knowledge and belief of the Petitioner, are set forth as follows:

 

Name and Residence                                             Interest

 

H                                                                     Tenants by the entireties, but

upon dissolution of marriage

Tenant in common as to an undivided interest.

 

W                                                                    Tenants by the entireties, but

upon dissolution of marriage

Tenant in common as to an undivided interest.

 

 

 

5. It would be in the best interest of the parties, who are the owners of the

property, that the real property with all of its permanent improvements, fixtures, and major appliances be sold at a private sale for a value not less than 100% of its appraised fair market value and that the proceeds from such sale, after payment of all costs, expenses and taxes, if any, be divided pro rata between the owners in accordance with their respective interest in said property.

 

6. There is no adequate remedy at law.

 

7. The above described property should be partitioned.

 

8. The prosecution of this partition actions is for the common benefit of all

parties.  The Respondent has retained the Law Offices of Cindy D. Sackrin, Esquire, to represent Respondent in this action and has agreed to pay said firm a reasonable fee for its services.

 

 

 

WHEREFORE, the Wife requests that this honorable Court enter an Order that:

 

1. Order an accounting and further determine the interests of all interested

parties to the above described property;

1. Order the private sale of the property and distribute the proceeds thereof

among the parties as their interests may appear;

1. If the property cannot be sold readily at private sale, to order a public

sale to the highest and best bidder for cash and upon such terms as the Court shall deem

just and proper;

1. That in any sale of the property, whether public or private, the Petitioner

be permitted to bid and receive for Petitioner’s interests therein and buy subject to

the existing liens and encumbrances;

1. Award to Respondent reasonable attorney’s fees and court costs as are

properly payable under the applicable laws of Florida under such actions, with the order

to specifically provide for payment of the same from proceeds of sale, with each party

bearing the appropriate proportional share thereof, or that said sum be paid the parties

in such proportion as the Court deems appropriate;

 

1. Order and grant such other and further relief as may be just and proper.

 

 

The Counter-Respondent/Wife, JAMIE CROWN, verifies that all of the foregoing information is true and correct to the best of her personal knowledge.                        

 

________________________________

JAMIE CROWN

Wife

 

STATE OF FLORIDA         )

)§:

COUNTY OF BROWARD  )

 

BEFORE ME, the undersigned authority, duly authorized in the State and County aforesaid to take acknowledgments, personally appeared, JAMIE CROWN, who produced _____________________ as identification, after first being duly sworn upon oath, deposes and says that he has read the allegations contained herein, that the information contained herein is true and correct, and that he executed this document.

WITNESS my hand and seal in the County and State aforesaid this ___ day of _________________, 20__.

 

_______________________________

Notary Public, State of Florida

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been provided to:   XXXXXXXXXX, Esquire, Attorney for Husband, XXXXXXXXXXX on this _______day of XXXXXX 20__.

 

LARRY D. SCHOTT

Attorney for Wife

By:____________________________

LARRY D. SCHOTT

 

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