Kissimmee, FL asked in Family Law for Florida

Q: I have been served for a dissolution of marriage. Should my best answer be " currently unable to admit or deny" ?

She wants the house and Alimony. I plan to file my answer to petition and counter petition.

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2 Lawyer Answers

A: No. First you should consult an attorney --we offer a free case evaluation/consult. Failing that you should enter denial of all allegations to prevent a default and to preserve your rights.

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Your answer should be as described in Rule 110 (c) of the Florida Rules of Civil Procedure:

" ... In the answer a pleader shall state in short and plain terms the pleader's defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies. If the defendant is without knowledge, the defendant shall so state and such statement shall operate as a denial. Denial shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny the remainder. Unless the pleader intends in good faith to controvert all of the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or may generally deny all of the averments except such designated averments as the pleader expressly admits, but when the pleader does so intend to controvert all of its averments, including averments of the grounds upon which the court's jurisdiction depends, the pleader may do so by general denial."

But you should not deny allegations which you know to be true.

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