Can Respondent in Dissolution case file a counter-petition after deadline?

Asked almost 3 years ago - Bradenton, FL

The Respondent filed an answer to the petition for Dissolution on the 20th day (deadline) then had 45 days to file his financial affidavit. At the time of filing financials there was also included a Answer and Counter-Petition (12.903c(2)) Didn't this Counter-Petition have to be filed with the original answer to the Petition 20 days after service?

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . Most courts and judges will give a party an extension of time if a moiton to expand time is filed or requested and there was no abuse of requests for continuances or extensions in the past. Take care and good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Brent Allan Rose

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Strictly speaking, you are correct. Rule 12.170 (which references Rule 1.170) requires that counter-petitions be filed at the same time as answers. As a practical matter, though, judges will allow the late filing. The reason is that the counter-petitioner could just file the counter-petition as a separate lawsuit, then move to consolidate the two divorces. The result would be messier, the cost would be higher in filing fees, and judges take a more common-sense approach to things when they can.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  3. Gregory Thomas Buckley


    Contributor Level 18


    Lawyer agrees


    Answered . If the Answer was filed in a timely manner, the Counter-Petition will usually be allowed, even at a later date.

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