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    Florida Family Law Counterpetition & Answer _redacted No Children

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    Florida Family Law Counterpetition & Answer _redacted No Children

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    703 views5 pages

    Counterpetition & Answer - Redacted

    Uploaded by

    Cristina Bosmenier
    Florida Family Law Counterpetition & Answer _redacted No Children

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 5

    IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR

    MIAMI DADE COUNTY, FLORIDA

    IN RE: THE MARRIAGE OF:

    CASE NO:
    Petitioner/Husband, FAMILY LAW DIVISION
    vs.

    Respondent/Wife,
    _______________________________/

    ANSWER AND COUNTER-PETITION FOR DISSOLUTION OF MARRIAGE


    COMES NOW, the Respondent/Wife, by and through
    undersigned counsel and hereby responds to Petitioner/Husband’s, Petition
    for Dissolution of Marriage as follows:
    ANSWER TO PETITION
    1. Respondent agrees with Petitioner as to the allegations raised in the following numbered
    paragraphs: one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9),
    eleven (11), and fourteen (14).
    2. Respondent disagrees with Petitioner as to the allegations raised in the following numbered
    paragraphs: ten (10) and thirteen (13).
    3. Respondent is unable to agree or disagree with Petitioner as to the request raised in paragraph
    number twelve (12) due to lack of information.

    COUNTERPETITION FOR DISSOULUTION OF MARRIAGE


    1. Jurisdiction: This is an action for dissolution of marriage within the jurisdiction of the Circuit
    Court of Miami-Dade County, Florida.
    2. Residency: Petitioner and Respondent have lived in Florida for at least six (6) months before
    the filing of this Petition for Dissolution of Marriage.
    3. Marriage: The Petitioner and the Respondent were lawfully married to each other on March
    27, 2014.
    4. Grounds: The parties' marriage is irretrievably broken.
    5. Children: There are no minor children common to both parties and the Respondent is not
    currently pregnant.
    6. Armed Forces: Neither the Petitioner/Husband nor the Respondent/Wife are members of the
    Armed Forces of the United States of America as defined by the Soldiers and Sailors Relief
    Act.

    SECTION I. MARITAL ASSETS AND LIABILITIES


    1. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or
    will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form
    12.902(b) or (c), to be filed in this case.
    2. Specifically, the parties have a joint savings account titled in both their names. The parties
    had discussed equally dividing their joint savings in the event they agreed to formally
    separate. The decision to separate was never agreed to at any time before initial pleadings
    were filed. As such, funds held in their jointly-titled bank account are owned in total by both
    Petitioner/Husband and Respondent/Wife and either party can unilaterally withdraw funds.
    3. Petitioner/Husband alleges Respondent/Wife wrongfully withdrew funds on March 11th,
    2019. However, Respondent/Wife’s withdrawal was not wrongful seeing as the purpose of
    her withdrawal of funds was to pay bills and other ordinary expenses, as was the normal
    course of their marriage. Furthermore, three (3) days prior, on March 8th, 2019, the
    Petitioner/Husband made an almost identical withdrawal, of which Respondent/Wife is not
    claiming ownership of.
    4. Respondent/Wife requests that this Court order equitable distribution of the joint savings
    account as of April 1, 2019, the date of service.
    5. The parties own a 2014 Nissan Pathfinder automobile. Respondent/Wife agrees to grant sole
    ownership of the 2014 Nissan Pathfinder to Petitioner/Husband contingent upon her removal
    as vehicle’s cosigner. Petitioner/Husband shall assume all debts and liabilities associated
    with said vehicle.
    6. The parties own a 2014 Honda Civic automobile, Respondent/Wife requests sole ownership
    of the 2014 Honda Civic automobile.

    SECTION II. SPOUSAL SUPPORT


    1. Respondent/Wife requests that the Court order Petitioner/Husband to pay the following
    spousal support as Respondent/Wife has an actual need for support and Petitioner/Husband
    has the ability to pay that support.
    2. Spousal support is requested in the amount of $ 2,500.00 every month beginning June 1,
    2019 and continuing for the next thirty (30) months.
    3. Respondent/Wife requests that the Court order Petitioner/Husband to pay durational
    alimony. Durational alimony serves to provide Respondent/Wife with economic assistance
    for a set period of time following a short or moderate duration.
    4. Respondent/Wife is in need of durational alimony because she is currently enrolled in
    nursing school and will need economic assistance while she completes her studies, passes
    all necessary board exams and secures employment as a registered nurse.
    5. The amount of spousal support requested provides Respondent/Wife the necessary amount
    to maintain the standard of living enjoyed by the parties towards the end of the marriage.
    6. The length of spousal support requested does not exceed the length of the marriage and
    provides Respondent/Wife economic assistance throughout the necessary time to complete
    her training as a registered nurse.
    7. Petitioner/Husband is well able to pay the amount of the requested alimony and said
    amount will not leave Petitioner/Husband with significantly less net income than the net
    income of Respondent/Wife.

    SECTION III. ATTORNEY’S FEES


    1. Respondent/Wife has retained the undersigned counsel, Cristina Bosmenier, Esq., to
    represent her in this action and is obligated to pay a reasonable fee for services.
    2. Respondent/Wife is not financially able to pay her attorney's fees or the costs associated
    with this action. However, Petitioner/Husband is financially able to pay Respondent/Wife’s
    attorney's fees and costs.
    3. Respondent/Wife requests that the Court grant her temporary and permanent attorney’s
    fees, suit money, and costs, which Petitioner/Husband is well able to pay.
    4. In addition to considering the financial resources of both parties, Respondent/Wife requests
    the Court take into consideration Petitioner/Husband’s premature filing of dissolution
    pleadings, despite the parties having previously agreed to settle their assets before initiating
    any litigation proceedings. Petitioner/Husband’s own actions in pursuing litigation is the
    sole cause of Respondent/Wife’s need to hire an attorney and incur these attorney’s fees.
    5. Respondent/Wife’s attorney, Cristina Bosmenier, Esq., has performed all ordinary and
    extraordinary services as were and are necessary to represent Respondent/Wife in this
    action.
    6. The attorney’s fees are reasonable, readily calculable and are in not excessive.

    SECTION IV. STATUS QUO


    1. Pursuant to Eleventh Judicial Circuit Administrative Order 14-13, Petitioner/Husband
    requests that Respondent/Wife act in a reasonable and responsible manner to preserve the
    marital assets and continue to make payments toward marital debt.

    WHEREFORE, Respondent/Wife, , respectfully requests


    that this Honorable Court:
    A. Grant the Respondent/Wife, , a dissolution of marriage
    from the Petitioner/Husband, ;
    B. Distribute marital assets and liabilities as requested in Section I. of this Answer and
    Counter-Petition;
    C. Award spousal support as requested in Section II. of this Answer and Counter-Petition
    D. Award Attorney’s fees as requested in Section III. of this Answer and Counter-Petition;
    E. And grant any other relief the court deems necessary and equitable.

    Dated this 30th day of April, 2019.

    [SIGNATURE AND CERTIFICATE OF SERVICE ON NEXT PAGE]


    Respectfully submitted,

    By:/s/ Cristina Bosmenier


    Cristina Bosmenier, Esq.
    Attorney for Respondent
    2601 N.W. 16th Street Road, #445
    Miami, Florida 33125
    Florida Bar No.: 1001887
    Telephone: (305) 904-2357
    e-mail: bosmenierlaw@gmail.com

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and Counter-
    Petition was sent via e-mail to Attorney for Petitioner, at
    on this 30th day of April, 2019.

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