How to Fill Out Florida Form 12.903(c)(3) (w/Examples) + FAQs

You fill out Florida Family Law Form 12.903(c)(3) by responding paragraph-by-paragraph to a counterpetition for dissolution of marriage with dependent or minor children, admitting or denying each allegation, raising defenses, and signing before a notary or deputy clerk. The form is the respondent-spouse’s formal answer when the other spouse files a counterpetition that asks the court for divorce relief involving children.

Florida courts handled roughly 70,000 dissolutions of marriage in 2024, and the Florida Office of the State Courts Administrator reports that more than 60% of those cases involved at least one self-represented party. A wrong answer on Form 12.903(c)(3) can cost you parenting time, child support credits, or property — so accuracy matters.

Here is what you will learn in this guide:

• 📝 How to complete every line, box, and signature block on Form 12.903(c)(3)
• ⚖️ How admissions, denials, and affirmative defenses shape your divorce outcome
• 👶 How to respond to timesharing, parental responsibility, and child support claims under Florida Statute §61.13
• 💰 How to handle equitable distribution, alimony, and the financial affidavit
• 🚫 The most common mistakes pro se respondents make — and how to avoid each one

What Form 12.903(c)(3) Is and Why It Exists

Florida Family Law Rules of Procedure Form 12.903(c)(3) is the Answer to Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren). The Florida Supreme Court approved this form so non-lawyer parties can respond to a counterpetition without paying for an attorney to draft pleadings. You use it only when the other spouse has already filed a counterpetition that includes claims affecting children — like timesharing, parental responsibility, child support, or relocation.

The form sits inside a larger family of pleadings under Florida Family Law Rule 12.110, which governs how parties answer claims in family cases. The rule requires every paragraph in the counterpetition to receive a clear response. If you ignore a paragraph, the court treats that allegation as admitted under Rule 1.110(e) of the Florida Rules of Civil Procedure. That single procedural slip can cost you custody time or thousands in support.

The plain-English purpose is simple: this form lets you tell the judge which parts of the counterpetition you agree with, which parts you dispute, and what defenses you raise. The consequence of skipping it is severe — the court can enter a default and grant the other parent everything they asked for. For example, Maria in Tampa ignored her husband’s counterpetition for 20 days; the judge defaulted her, and her husband got majority timesharing without a hearing. A common misconception is that filing the original petition means you do not need to answer a counterpetition. That belief is wrong, and it can wreck your case.

When You Need This Form Instead of 12.903(a) or (b)

You only use 12.903(c)(3) when three conditions are present at the same time. First, you must be the original petitioner — the spouse who filed first. Second, your spouse must have filed a counterpetition, not just an answer. Third, the case must involve dependent or minor children of the marriage.

If there are no children, you use Form 12.903(c)(1) instead, which the Florida Courts self-help portal provides for property-only counterpetitions. If your spouse only filed an answer without counterclaims, you do not file anything in response. The consequence of using the wrong form is that the clerk may reject your filing or the judge may strike it under Rule 12.140.

A real example: James in Jacksonville filed a petition for divorce, and his wife filed only an answer with no counterpetition. James mistakenly filed Form 12.903(c)(3) and confused the docket. The judge struck the filing and warned him at the case management conference. The misconception here is that every divorce needs an answer to a counterpetition — it does not.

The 20-Day Deadline and How Service Triggers It

Under Florida Family Law Rule 12.140(a) and Florida Rule of Civil Procedure 1.140, you have 20 days from the date you are served with the counterpetition to file your answer. The clock starts the day after personal service, not the day the document was filed or mailed. If service was by mail under a waiver, the deadline can stretch to 40 days.

Missing the 20-day deadline allows your spouse to move for a clerk’s default under Rule 1.500. Once a default is entered, you lose the right to contest most factual allegations in the counterpetition. The consequence is real: a defaulted parent can lose majority timesharing, owe back child support to the date of filing, and forfeit a share of marital property.

For example, David in Orlando was served on March 1 and filed his Form 12.903(c)(3) on March 25 — four days late. His wife’s lawyer filed for default the same day, and the judge granted it. David spent the next six months and $4,000 in legal fees trying to vacate the default under Rule 1.540. The misconception that “the judge will give me extra time” is dangerous; Florida judges rarely forgive late answers without excusable neglect.

Calculating the Deadline Correctly

The 20-day count excludes the day of service but includes weekends and holidays under Florida Rule of General Practice and Judicial Administration 2.514. If the 20th day lands on a weekend or court holiday, the deadline rolls to the next business day. Always confirm the date with the clerk’s docket stamp on the return of service.

The consequence of miscounting is the same as missing the deadline — default. A common scenario: Aisha in Miami counted 20 days starting on the day of service rather than the day after, filed one day early in her own mind, and was actually one day late. Her case was nearly defaulted. The misconception is that the day of service counts as day one — it does not.

Step-by-Step: Filling Out Every Section of Form 12.903(c)(3)

The form runs about four to six pages and follows the same paragraph numbering as the counterpetition. You must respond to every numbered paragraph in order. The Florida Supreme Court instructions, available on the self-help forms page, require you to use one of three responses: admit, deny, or without knowledge.

Caption and Case Style

The top of the form is the caption. Copy it exactly from the counterpetition, including the circuit court name, county, case number, and division. Errors here can cause the clerk to misfile the document into the wrong case under the Florida Courts E-Filing Portal rules.

The consequence of a wrong case number is that your answer will not appear in the judge’s docket, and a default may still be entered. Carlos in Hillsborough County typed the wrong case number and his answer sat in limbo for 30 days. A common misconception is that the clerk will fix small typos — they will not.

Paragraph 1: Jurisdictional Allegations

Paragraph 1 of the counterpetition usually states that one party has lived in Florida for at least six months, satisfying Florida Statute §61.021. You should admit this if true, because residency is rarely worth contesting and a denial can delay the divorce by months.

The consequence of denying jurisdiction without a good-faith basis is sanctions under Rule 12.285 for frivolous pleadings. Linda in Pensacola denied residency to slow her husband’s case; the judge sanctioned her $750. The misconception is that denying jurisdiction stops the divorce — it only delays it if you actually live elsewhere.

Paragraph 2: Marriage Date and Place

Paragraph 2 lists the date and place of marriage. Verify both against your marriage certificate before answering. Admit if accurate; deny only if there is a real factual dispute.

A wrong admission about marriage date can affect equitable distribution, because Florida Statute §61.075 defines marital assets as those acquired during the marriage. Robert admitted a wrong date that pushed the marriage start back two years, which made his pre-marital 401(k) contributions look marital. The misconception is that the marriage date is just a formality — it shapes property division.

Paragraph 3: Irretrievable Breakdown

Paragraph 3 alleges the marriage is irretrievably broken under Florida Statute §61.052. If you also want a divorce, admit it. If you want to fight the divorce — which almost never works in a no-fault state — deny it and request counseling under §61.052(2).

The consequence of denying without intent to reconcile is wasted time and possible attorney fee shifting. Susan in Naples denied irretrievable breakdown out of spite; the judge ordered three months of counseling, then granted the divorce anyway and ordered her to pay $2,000 in fees. The misconception is that denial blocks the divorce; in Florida, one spouse alone can end a marriage.

Paragraph 4: Children of the Marriage

Paragraph 4 names each minor or dependent child, with date of birth. Admit only if names, dates, and parentage are correct. If paternity is disputed, deny and raise it as an affirmative defense, then file a separate paternity action under Chapter 742.

A wrong admission here can lock you into child support for a child who is not yours, and undoing it later requires disestablishment under Florida Statute §742.18. Marcus in Broward admitted paternity of a child later proven not his and paid 11 years of support before disestablishment. The misconception is that you can fix paternity later without consequence — you usually cannot.

Paragraph 5: Pregnancy

Paragraph 5 asks whether the wife is pregnant. Answer truthfully. A pregnancy delays the final judgment because Florida courts wait until birth to address paternity and timesharing for the unborn child.

The consequence of denying a real pregnancy is sanctions and possible perjury exposure under Florida Statute §837.02. Jessica in Tallahassee denied her own pregnancy in pleadings; the judge struck her answer. The misconception is that pregnancy status is private — once divorce is filed, it is a court issue.

Paragraph 6: Parental Responsibility and Timesharing

Paragraph 6 is the most contested section. The counterpetition will state what the other parent wants for parental responsibility (shared or sole) and timesharing (the schedule). Under the 2023 amendments to Florida Statute §61.13, courts now presume equal timesharing is in the child’s best interests unless rebutted by a preponderance of the evidence.

Admit only the parts you agree with. Deny anything you dispute, and in your answer state what schedule you want. The consequence of admitting a one-sided schedule is being stuck with it for years, since modification requires a substantial change in circumstances under Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005).

Tanya in Sarasota admitted to her husband’s proposed every-other-weekend schedule and lost the equal timesharing presumption. The misconception is that the judge will fix unfair schedules at trial — judges usually accept what the parties admit in pleadings.

Paragraph 7: Child Support

Paragraph 7 references the Florida Child Support Guidelines under §61.30. The counterpetition will allege incomes, daycare, and health insurance figures. Deny any number you cannot personally verify, and answer “without knowledge” for figures you have no way to confirm.

The consequence of admitting a wrong income figure is paying support based on inflated earnings for years. Kevin in Lakeland admitted to a $90,000 income that included a one-time bonus; he paid support on $90,000 for three years before he could modify. The misconception is that “without knowledge” looks weak — it is a perfectly valid response under Rule 1.110(c).

Paragraph 8: Marital Assets and Liabilities

Paragraph 8 lists marital property and debts under §61.075. Admit only items you can verify. Deny anything mischaracterized as marital that is actually non-marital — like inheritances, pre-marital accounts, or gifts.

A wrong admission can hand your spouse half of a non-marital asset. Priya in Coral Gables admitted that her inherited condo was marital because it was listed in paragraph 8; she lost half its equity. The misconception is that everything owned during marriage is marital — assets traced to pre-marital sources or inheritance are not, per Robbie v. Robbie, 591 So. 2d 1006.

Paragraph 9: Alimony

Paragraph 9 may request alimony under Florida Statute §61.08, which was significantly amended by SB 1416 in 2023. The amendment eliminated permanent alimony and capped durational alimony at 50% of a short-term marriage, 60% of a moderate-term, and 75% of a long-term marriage.

Deny any alimony allegation that lacks factual support, and assert defenses like the spouse’s ability to be self-supporting. The consequence of admitting need and ability to pay is locking yourself into years of payments. Eduardo in Doral admitted his wife’s “need” without analysis; he now pays $2,800 a month for eight years.

Paragraph 10: Attorney’s Fees

Paragraph 10 typically requests fees under Florida Statute §61.16. Deny if the parties have similar incomes; admit only if you genuinely cannot afford counsel and want fees yourself.

The consequence of admitting fee entitlement is paying the other side’s lawyer. Brittany in Clearwater admitted to a fee request without realizing she was on the hook; she paid $7,500. The misconception is that each side always pays its own fees — Florida shifts fees based on need and ability under Rosen v. Rosen, 696 So. 2d 697.

Affirmative Defenses Section

After paragraph-by-paragraph responses, the form provides space for affirmative defenses under Rule 12.140(b). Common defenses include lack of jurisdiction, improper venue, statute of limitations on debts, fraud, duress, and failure to state a cause of action.

You must plead each defense with specific facts, not just labels. The consequence of a vague defense is waiver under Tropical Exterminators v. Murray, 171 So. 2d 432. Wei in Gainesville wrote “fraud” with no facts; the judge struck the defense. The misconception is that you can flesh out defenses later — you must plead them with particularity at the answer stage.

Counter-Counterpetition (Rare)

You generally cannot file a counter-counterpetition, because your original petition already states your claims. If you need new relief, you amend your petition under Rule 1.190. The consequence of trying to add new claims in your answer is having them stricken.

Three Common Scenarios for Form 12.903(c)(3)

Scenario	What You Should Do on the Form
Spouse counterpetitions for sole parental responsibility based on alleged drug use	Deny paragraph 6, plead affirmative defense of negative drug tests, attach lab results, and request equal timesharing under §61.13(2)(c)(1)
Military spouse counterpetitions while you are on active duty overseas	Invoke the Servicemembers Civil Relief Act for a 90-day stay, then file Form 12.903(c)(3) with proof of service status
High-asset spouse counterpetitions claiming all retirement accounts as separate	Deny paragraph 8, list each marital portion of retirement accounts, and demand a QDRO under §61.076

The Financial Affidavit Pairing

Filing Form 12.903(c)(3) without a financial affidavit can get your answer struck. Under Rule 12.285, every party in a contested family case must serve a financial affidavit within 45 days of service of the initial pleading. If your gross annual income is under $50,000, use Form 12.902(b); if it is $50,000 or more, use Form 12.902(c).

The consequence of skipping the financial affidavit is that the judge may impute income to you, often higher than reality. Diego in Kissimmee did not file his affidavit, and the judge imputed $65,000 in income; his real income was $42,000. The misconception is that the financial affidavit is optional in agreed cases — it is mandatory and cannot be waived as to children.

Notarization and Signature Block

Form 12.903(c)(3) must be signed under oath. You sign in front of a notary public or a deputy clerk at the courthouse. An unsworn answer is treated as unfiled under Rule 12.080.

The consequence of an unsworn answer is the same as no answer at all — risk of default. Olivia in St. Petersburg signed without a notary; the clerk rejected her answer, and her husband moved for default the next day. The misconception is that an electronic signature alone is enough — Florida still requires a notarial act, though Florida Statute §117.265 authorizes remote online notarization.

Certificate of Service

The last page is the certificate of service. List every method by which you served the other party (or their attorney) — usually e-service through the Florida Courts E-Filing Portal. Service to a represented party must go to the lawyer, not the client.

The consequence of bad service is having your answer treated as not served, even if filed. Henry in West Palm served his wife directly while she had counsel; the judge ordered him to re-serve and pay $400 in fees. The misconception is that you can serve the other spouse directly when they have an attorney — you cannot, under Rule 2.516.

Mistakes to Avoid

Filing Form 12.903(c)(3) is a minefield for self-represented parties. Avoiding the seven mistakes below protects your case from procedural disaster.

• Missing the 20-day deadline — Default is entered, and you lose the right to contest most facts under Rule 1.500.
• Admitting numbers you cannot verify — You get locked into income, asset, or debt figures that may be inflated.
• Using “without knowledge” for things you obviously know — The judge can deem the allegation admitted under Stallworth v. Moore, 827 So. 2d 974.
• Failing to plead affirmative defenses with specificity — Vague defenses are waived and cannot be raised at trial.
• Skipping the financial affidavit — The court may impute income or strike your pleadings.
• Forgetting to notarize the signature — An unsworn answer is treated as no answer at all.
• Filing without the correct case number or division — Your answer never reaches the judge’s docket.
• Serving the represented spouse directly instead of their attorney — Service is invalid under Rule 2.516.
• Ignoring the UCCJEA affidavit — Required in any case with children under §61.503.

Do’s and Don’ts

The line between a clean answer and a malpractice-grade mess is thin. Use this list to keep your filing on track.

• Do read the entire counterpetition twice before responding, because each paragraph triggers different statutes.
• Do match your paragraph numbers exactly to the counterpetition, since judges read them side by side.
• Do notarize the signature page, as required by Rule 12.080.
• Do file through the Florida Courts E-Filing Portal for instant clerk acceptance and date stamping.
• Do keep a stamped copy and proof of service for at least seven years after final judgment.
• Don’t add narrative storytelling in the answer, because the judge wants admit/deny/without knowledge — not arguments.
• Don’t attach exhibits unless they are required, since extraneous documents can be stricken.
• Don’t sign a blank form to “save time at the notary,” because edits after notarization invalidate the oath.
• Don’t copy your spouse’s answer template, since their facts and defenses are not yours.
• Don’t assume small typos do not matter — wrong case numbers can derail your filing.

Pros and Cons of Filing Pro Se

Self-representation saves money but carries real risk. Weigh both sides before going it alone.

• Pro: You save thousands in attorney’s fees, often $5,000–$15,000 in a contested case.
• Pro: You learn your own case deeply, which helps at hearings and mediation.
• Pro: You control the timing and tone of every filing.
• Pro: The Florida Courts self-help center provides free forms and instructions.
• Pro: Many counties offer family law self-help staff who can answer procedural questions.
• Con: You can waive defenses without realizing it, especially affirmative defenses under Rule 12.140.
• Con: You may admit facts that hurt you on timesharing or support.
• Con: Judges hold pro se parties to the same standard as lawyers, per Kohn v. City of Miami Beach, 611 So. 2d 538.
• Con: You may miss strategic options like temporary relief motions under §61.071.
• Con: Mistakes are hard to fix after final judgment without a Rule 1.540 motion.

Local County Variations

While Form 12.903(c)(3) is statewide, counties impose their own administrative orders. Miami-Dade’s 11th Judicial Circuit requires every divorce case with children to attend a parenting course before final hearing. Broward’s 17th Circuit mandates electronic filing for all family pleadings.

Hillsborough’s 13th Circuit runs a unified family court that consolidates related cases into one division. Orange County’s 9th Circuit requires a case management conference within 60 days. The consequence of missing a local rule is having your case stalled or your filing rejected.

Key Court Rulings That Shape Your Answer

Several Florida appellate decisions guide how judges read Form 12.903(c)(3) responses. Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005), holds that timesharing modifications require a substantial change in circumstances. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980), sets the abuse-of-discretion standard for property and alimony rulings.

Robbie v. Robbie, 591 So. 2d 1006, confirms that pre-marital and inherited assets stay non-marital if traceable. Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), governs attorney fee shifting under §61.16. The consequence of ignoring these rulings is making admissions that contradict binding precedent.

FAQs

Do I have to file Form 12.903(c)(3) if I already filed the original petition?

Yes. Filing the original petition does not satisfy your duty to answer a counterpetition. You must file Form 12.903(c)(3) within 20 days of service or face default.

Can I file Form 12.903(c)(3) electronically in Florida?

Yes. The Florida Courts E-Filing Portal accepts the form for all 67 counties. You still must notarize the signature page before scanning and uploading the PDF.

Is Form 12.903(c)(3) the same as an answer to the original petition?

No. It only responds to a counterpetition filed by the other spouse. If you are responding to the initial petition, you use a different form depending on the case posture.

Do I need a financial affidavit with my Form 12.903(c)(3)?

Yes. Florida Family Law Rule 12.285 requires a financial affidavit in every contested case involving children, regardless of which side files the answer or counterpetition.

Can I deny everything to be safe?

No. Blanket denials of obvious facts — like marriage date or children’s names — can be sanctioned as bad faith under Rule 12.285 and Mercer v. Raine, 443 So. 2d 944.

Does the 2023 timesharing presumption apply to my answer?

Yes. Under amended §61.13(2)(c)(1), equal timesharing is presumed in the child’s best interest. Your answer should preserve that presumption by denying any contrary allegations.

Can I add new claims in Form 12.903(c)(3)?

No. The form is for responses and defenses only. New claims must come through an amended petition under Florida Rule 1.190.

Will the judge read every paragraph of my answer?

Yes. Judges and their staff attorneys read each numbered response, especially in contested timesharing cases, because admissions narrow the issues for trial.

Can I change my answer later if I made a mistake?

Yes. You may amend once as a matter of course before a responsive pleading, under Rule 1.190(a). After that, you need leave of court, which judges grant liberally if there is no prejudice.

Do I need to attend a hearing right after filing Form 12.903(c)(3)?

No. Filing the answer does not trigger an automatic hearing. The next step is usually mandatory disclosure, mediation, or a case management conference set by the court.

Is there a filing fee for Form 12.903(c)(3)?

No. Once you have paid the original petition filing fee, no additional fee is due for filing your answer to the counterpetition under Florida Statute §28.241.

Can active-duty military servicemembers delay this filing?

Yes. The federal Servicemembers Civil Relief Act allows a 90-day stay and additional protections against default judgments while on active duty.