In a Florida dissolution of marriage case, the person who did not file the original petition, the respondent, is not limited to just admitting or denying what the petitioner asked for. Filing a counter-petition lets the respondent put their own requests directly in front of the court, which matters most for relief, like alimony, that a court cannot award unless someone specifically asked for it in writing.
Quick Answer: A counter-petition is a pleading a respondent files to ask the court for their own specific relief in a Florida dissolution case, rather than only responding to the petitioner's requests. It matters most for alimony: Florida's official form instructions state that alimony must be requested in writing in a counterpetition, or it is waived. A respondent has 20 days to answer a counter-petition once served with one.
What Is a Counter-Petition for Dissolution of Marriage?
A counter-petition is a pleading filed by the respondent (the spouse who was served, not the spouse who filed the original petition) asking the court to grant that respondent specific relief. It functions differently from an Answer, which only responds to what the petitioner already asked for. A counter-petition puts the respondent's own requests, on issues like alimony, property division, or parenting arrangements, directly before the court. See our guide to the full Form 12.903 series for answering a Florida divorce petition for how a counter-petition fits among the other response options.
Florida's official form instructions describe this distinction directly in the context of alimony: a respondent who wants alimony "must request it in writing in a counterpetition" rather than relying on an Answer alone.
When and Why Would You File One in Florida?
A counter-petition matters whenever the respondent wants the court to order something the original petition did not request. Common reasons a respondent files one include:
- Requesting alimony when the petitioner's original petition did not ask for it on the respondent's behalf
- Asking for a specific division of marital assets and liabilities different from what the petition proposed
- Requesting specific parenting plan or time-sharing terms
- Raising a claim connected to the marriage that the original petition did not address
A counter-petition does not automatically make a case contested. If both spouses reach agreement on everything, including whatever the counter-petition requests, the case can still proceed on an uncontested basis, with the agreed terms written into a Marital Settlement Agreement. What a counter-petition does is preserve the respondent's ability to have specific relief considered and ordered by the court, rather than leaving it out of the case entirely.
How Is It Different From Simply Answering the Petition?
An Answer is a response. It admits or denies each allegation in the petitioner's petition, and it can also include a waiver of the right to appear at the final hearing if the respondent does not wish to contest the case, using Florida Supreme Court Approved Family Law Form 12.903(a). What an Answer alone does not do is ask the court to order anything new on the respondent's behalf.
A counter-petition is an affirmative filing. It states the respondent's own factual allegations and asks the court for specific relief. Florida practice allows a respondent to combine both in a single filing, an Answer and Counterpetition, admitting or denying the petitioner's allegations while also stating the respondent's own requests in the same document.
Why Alimony Is the Clearest Example
Alimony is the clearest illustration of why the distinction matters. According to the official instructions for Form 12.903(a), by filing an Answer and Waiver alone, a respondent is agreeing to whatever the petition already requested, and:
"If you want alimony, you must request it in writing in a counterpetition and should not use this form. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later)."
Under current Florida law, alimony may be awarded in the form of temporary, bridge-the-gap, rehabilitative, or durational alimony, as the court finds equitable based on need and ability to pay; permanent alimony is no longer available for cases filed or pending on or after July 1, 2023, under the 2023 amendments to Fla. Stat. 61.08. A respondent who wants any of the currently available forms of alimony considered needs that request in the case record in writing, which is what a counter-petition provides.
Responding to a Counter-Petition
Once a counter-petition is filed and served, the original petitioner becomes, for purposes of that counter-petition, the party who must respond. Florida Supreme Court Approved Family Law Form 12.903(d), Answer to Counterpetition, is used for this. According to its official instructions, a party has 20 days to answer after being served with the other party's counterpetition, and a copy of the answer must be mailed, e-mailed, or hand delivered to the other party. Missing that deadline carries the same risk described in our guide, What Happens If You Don't Respond to Divorce Papers in Florida.
Common Mistakes to Avoid
- Filing only an Answer and Waiver when you actually want the court to order alimony or other relief on your behalf
- Assuming a request mentioned informally, but never filed in writing, will be considered at the final hearing
- Missing the 20-day deadline to answer a counter-petition once served with one
- Treating a counter-petition as automatically making the case contested, when spouses in agreement can still resolve it on an uncontested basis
- Confusing a counter-petition with a general Answer, which does not request any relief of its own
Frequently Asked Questions
What is a counter-petition for dissolution of marriage in Florida?
A counter-petition is a pleading a respondent files, alongside or instead of a simple Answer, asking the court to grant that respondent specific relief of their own, such as alimony, a particular division of property, or specific parenting terms. It puts the respondent's own requests directly in front of the court rather than only responding to what the petitioner asked for.
When would you file a counter-petition instead of just an Answer?
You generally need a counter-petition any time you want the court to order something the original petition did not request on your behalf, most commonly alimony. According to the official instructions for Florida's Answer, Waiver form, if you want alimony you must request it in writing in a counterpetition; filing only an Answer or Answer and Waiver does not preserve that request.
How is a counter-petition different from just answering the petition?
An Answer responds to the petitioner's allegations, admitting or denying each one. It does not ask the court for anything new. A counter-petition is an affirmative filing that asks the court to grant the respondent specific relief. A respondent can file an Answer and Counterpetition together in a single filing, admitting or denying the petition's allegations while also stating their own requests.
Do you have to file a counter-petition to get alimony in a Florida divorce?
Based on the official instructions for Florida's Answer, Waiver, and Request for Copy of Final Judgment form, yes. If you want alimony and did not request it in the original petition, you must request it in writing in a counterpetition, and if it is not requested in writing before the final hearing, it is waived and cannot be requested later.
How much time do you have to respond to a counter-petition in Florida?
According to the instructions for Florida Family Law Rules of Procedure Form 12.903(d), Answer to Counterpetition, a party has 20 days to answer after being served with the other party's counterpetition.
Does filing a counter-petition mean the case is automatically contested?
Not necessarily. Spouses can agree on the substance of a counter-petition's requests just as they can agree on the terms of the original petition, and the case can still move forward on an uncontested basis once both sides are aligned. A counter-petition becomes part of a contested case only when its requests are actually disputed.
Where Virdix Fits
Virdix currently prepares the Florida Family Law Rules of Procedure forms used in an uncontested dissolution of marriage case. Whether your situation calls for a counter-petition, and whether it stays on an uncontested track once filed, depends on the specific relief involved and whether both spouses reach agreement. See what Virdix covers in Florida →
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Instructions for Florida Supreme Court Approved Family Law Forms 12.903(a) and 12.903(d) (Florida Courts, flcourts-media.flcourts.gov); Fla. Stat. 61.08 (Florida Senate, flsenate.gov)