Answer + Counterpetition Triage Card (CA, TX, FL)
A one‑page, state‑specific action card to protect you from default: mark your exact deadline, grab the correct Answer/Counterpetition forms, file, and serve properly in CA, TX, or FL—with fee‑waiver, e‑filing, and ACP/tech‑safety shortcuts.
Use this one‑pager the day you’re served. It helps you mark the exact deadline, pull the right Answer/Counterpetition forms, file, and serve correctly in California, Texas, or Florida—plus do a quick safety/fee‑waiver/e‑filing setup. General information, not legal advice.
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Quick safety + device check (do this first)
- If you fear for your safety, consider an Address Confidentiality Program (ACP) before you file: CA Safe at Home, TX ACP, FL ACP.
- Avoid shared devices when downloading forms or creating e‑filing accounts; disable location sharing and remove document metadata where possible.
- CA Safe at Home: https://www.sos.ca.gov/registries/safe-home/
- TX ACP: https://www.oag.state.tx.us/crime-victims/victims-violent-crime/address-confidentiality-program
- FL ACP resources: https://www.myfloridalegal.com/vicitm-services-providers/homesafe
- Tech‑safety tips (NNEDV): https://www.techsafety.org/resources-survivors/
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Find and write down your service date
Look at the Summons/Proof of Service you received. Write the exact date you were served: [SERVICE DATE: ____ / ____ / ______]. Keep this card with your papers.
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Mark your exact response deadline (mini‑calculator by state)
- California (CA): You have 30 calendar days after service to file your Response (Form FL‑120). If day 30 lands on a Saturday, Sunday, or court holiday, your deadline is the next court day. Write it here: [CA DEADLINE: ____ / ____ / ______].
- Texas (TX): Count 20 days from your service date (include weekends/holidays). Then go to the next Monday—your Answer is due by 10:00 a.m. that Monday. If that Monday is a holiday, use the next business day. Out‑of‑state service does NOT give extra time. Write it here: [TX DEADLINE (10:00 a.m.): ____ / ____ / ______].
- Florida (FL): You have 20 calendar days from service to file your Answer (or Answer + Counterpetition). If day 20 is a Saturday, Sunday, or legal holiday, your deadline is the next day the court is open. Write it here: [FL DEADLINE: ____ / ____ / ______].
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Pull the correct Answer form for your state
- CA: FL‑120 Response—Marriage/Domestic Partnership. Download at California Courts Self‑Help: https://selfhelp.courts.ca.gov/jcc-form/FL-120
- TX: Respondent’s Original Answer (Divorce). Use the TexasLawHelp packet that fits your case (Sets A–D, e.g., FM‑DivA‑101). Start here: https://texaslawhelp.org/guide/my-spouse-filed-for-divorce
- FL: Answer forms in the 12.903 series:
- 12.903(b) Answer (no counter)
- 12.903(c)(1) Answer & Counterpetition (with dependent/minor child[ren])
- 12.903(c)(2) Answer & Counterpetition (with property, no dependent/minor child[ren])
- 12.903(c)(3) Answer & Counterpetition (no dependent/minor child[ren] and no property) Florida forms index: https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms/Answers-to-Dissolution-12.903-Forms-A-E/Answer-to-Petition-and-Counterpetition-for-Dissolution-of-Marriage-with-Dependent-or-Minor-Child-ren
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Decide whether to include a Counterpetition/Counterclaim now
- CA: No separate counterpetition form. Use FL‑120 to state what you want (property, support, custody). You can later file specific Requests for Order if needed.
- TX: If you have your own asks (property division, spousal maintenance, name change, parenting terms), add a Respondent’s Original Counter‑Petition for Divorce (set‑specific packet via TexasLawHelp).
- FL: If you have your own asks, use the 12.903(c)(1)/(2)/(3) Answer & Counterpetition variant that matches your case. Courts generally cannot award unrequested relief—plead it early to preserve it.
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Get your fee‑waiver ready (if needed)
- CA: Request to Waive Court Fees (FW‑001). Instructions: https://selfhelp.courts.ca.gov/fee-waiver
- TX: Statement of Inability to Afford Payment of Court Costs (Rule 145 form). Overview: https://www.txcourts.gov/supreme/news/court-issues-final-amendments-to-rule-145-and-related-rules-with-forms/
- FL: Application for Determination of Civil Indigent Status (from your clerk). Example clerk page: https://www.mypalmbeachclerk.com/departments/courts/e-filing-how-to-file-court-documents/self-represented-filers Bring a quick income/expense snapshot when you file.
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Set up e‑filing or plan in‑person filing
- CA: E‑filing varies by county. Check your court’s website: https://selfhelp.courts.ca.gov/court-basics/file
- TX: Create an eFileTexas account through a certified EFSP; enable eService for the Petitioner and any attorneys. https://www.efiletexas.gov/faqs.htm
- FL: Create a Self‑Represented filer account on the Florida Courts e‑Filing Portal. https://myflcourtaccess.com/authority/faqs
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Complete, sign, and file your Answer (and Counterpetition if applicable)
- Use black ink, legible printing, and your case caption exactly as shown on the Petition.
- Include any built‑in Certificate of Service blocks on the form and sign where required.
- File before your marked deadline. If seeking a fee waiver, file the waiver request with your Answer.
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Serve the other party after filing (state‑specific)
- CA: Have an adult (18+, not you) mail a copy of your filed Response to your spouse. Then complete Proof of Service by Mail (FL‑335) and file it. Electronic service requires written consent (e.g., Judicial Council e‑service consent form) and may be governed by local rules.
- TX: Serve all filed documents under TRCP 21/21a—usually by eService through eFileTexas to the Petitioner’s designated email. Make sure your filing includes a Certificate of Service listing all emails/addresses served.
- FL: Serve by email under Rule 2.516 to the Petitioner’s designated email(s). If email service is not designated/available, follow the rule’s alternatives. If your form lacks a built‑in certificate, use and file Form 12.914 Certificate of Service.
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File your proof/certificate so the court’s record is complete
- CA: File FL‑335 (Proof of Service by Mail) after mailing.
- TX: Your filed document should include a completed Certificate of Service; confirm it’s on each filing.
- FL: File Form 12.914 if not included in the form you used; keep your sent‑email record.
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If you’re about to miss the deadline, act today
- File a minimal Answer now to stop default. You can amend or add a Counterpetition later if rules allow.
- Ask the other side to stipulate to a short extension, or file a motion to enlarge time where permitted (e.g., TX TRCP 5). Remember: calling the clerk is not a filing.
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Call the clerk with a 20‑second script (if you’re unsure)
- Script A (deadline + Answer form): “I was served with divorce papers on [DATE]. I need to confirm my response deadline and the correct Answer form name for my case type. I’m self‑represented. Can you point me to the rule or page that sets the deadline and the exact form name/number so I file the right document?”
- Script B (Counterpetition logistics): “I’m the respondent and I need to file a Counterpetition to include my requests [property/support/parenting]. What is the exact form name/number for a counterpetition in this court, the filing fee amount, and whether there’s a fee‑waiver process? Do I need to serve it a specific way after filing?”