Answer And Counterclaim

INSTRUCTION FOR COMPLETING AND FILING THE ANSWER AND COUNTERCLAIM Caption: Fill in your spouse's name as "Plaintiff", your spouse's address and the number of your spouse's marriages (including this marriage). Fill in your name as "Defendant", your address and the number of your marriages (including this marriage). Fill in the Case Number and Judge that appear on the Complaint. ANSWER Paragraphs 1 through 7: State whether you "admit" or "deny" each paragraph of the Complaint by marking the appropriate box for each numbered paragraph corresponding to the paragraphs numbered in the Complaint. COUNTERCLAIM Paragraph 1: You must have been a resident of the State of Ohio for six months prior to filing your Counterclaim. You must also have been a resident of Cuyahoga County for 90 days prior to filing your Counterclaim unless an exception applies (See Ohio Civil Rule 3 for exceptions to this rule). Paragraph 2: Fill in the date you were married, and the City and State where you were married. Paragraph 3: Fill in the number of children you and your spouse have together, the name(s) and date(s) of birth of each child, and whether the wife is pregnant. Paragraph 4: Check each of the reasons (called "grounds") why you want a divorce. Only select the ones that you can prove. A commonly used ground is "Living Separate and Apart". "Incompatibility" is only a ground for divorce if your spouse does not deny it. Paragraph 5: Check whether you and your spouse own real property, and, if so list the addresses. Paragraph 6: Check whether you and your spouse have already divided personal property (including financial accounts) accumulated during the marriage. List personal property not already divided. Paragraph 7: Check whether you and your spouse have marital debts, and if so list them. Relief: Signature: Check each box indicating the relief you seek. You must sign the Answer and Counterclaim, and provide a daytime phone number. FILING THE ANSWER AND COUNTERCLAIM You must file the Answer and Counterclaim with the Clerk of Court located in Room 35 on the ground floor of the Cuyahoga County Courthouse, 1 W. Lakeside Avenue, Cleveland, Ohio 44113. If there are minor children of the marriage you must also file a Parenting Proceeding Affidavit. You will be required to pay a "filing fee" with the Clerk of Court when you file your Answer and Counterclaim. Please refer to Rule 1 of this Court's Local Rules for the correct amount. CERTIFICATE OF SERVICE You must mail a copy of the Answer and Counterclaim to the other party (or his/her lawyer). To certify that you have done so, you must attach a Certificate of Service to the Answer and Counterclaim. A form is included in this package for your convenience. Fill in the name and address in the spaces provided, and sign the form. Answer and Counterclaim to Complaint for Divorce Case No. __________ American LegalNet, Inc. www.FormsWorkFlow.com COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ________________________________________ PLAINTIFF ________________________________________ ADDRESS ________________________________________ CITY, STATE, ZIP CODE NUMBER OF THIS MARRIAGE____________ : vs ________________________________________ DEFENDANT ________________________________________ ADDRESS ________________________________________ CITY, STATE, ZIP CODE NUMBER OF THIS MARRIAGE ___________ : : : ANSWER AND COUNTERCLAIM JUDGE _________________________________ : : : : CASE NO. _______________________________ : Now comes Defendant and states the following as his/her Answer and Counterclaim to Plaintiff's Complaint: ANSWER denies the allegation contained in paragraph one of Plaintiff's Complaint. denies the allegation contained in paragraph two of Plaintiff's Complaint. denies the allegation contained in paragraph three of Plaintiff's Complaint. denies the allegation contained in paragraph four of Plaintiff's Complaint. denies the allegation contained in paragraph five of Plaintiff's Complaint. denies the allegation contained in paragraph six of Plaintiff's Complaint. denies the allegation contained in paragraph seven of Plaintiff's Complaint. 1. Defendant 2. Defendant 3. Defendant 4. Defendant 5. Defendant 6. Defendant 7. Defendant admits admits admits admits admits admits admits COUNTERCLAIM 1. Defendant has been a resident of the State of Ohio for at least six (6) months and a resident of Cuyahoga County for more than ninety (90) days immediately prior to filing this Complaint. 2. Plaintiff and Defendant were married on ____________, in ____________________, __________. Answer and Counterclaim to Complaint for Divorce Case No. __________ American LegalNet, Inc. www.FormsWorkFlow.com 3. There is/are ________child(ren) born as issue of this marriage, whose name(s) and date(s) of birth is/are as follows: ______________________ (DOB ____________) ______________________ (DOB ____________) ______________________ (DOB ____________) and the wife is is not pregnant. 4. Defendant seeks a divorce on the following ground(s): Plaintiff and Defendant have lived separate and apart without interruption and without cohabitation for at least one year. Plaintiff and Defendant are incompatible. Plaintiff has been guilty of the following: Gross Neglect of Duty Extreme Cruelty Adultery Bigamy Habitual Drunkenness Willful Absence of one year or more Imprisonment at the time of filing of this Counterclaim Fraudulent Marriage Contract 5. Plaintiff and Defendant do not own any real property own real property located at: ____________________________________________________________ ____________________________________________________________ 6. Plaintiff and Defendant have acquired certain personal property during the marriage. This property has been divided. The following property has not been divided ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 7. Plaintiff and Defendant have no debts have the following debts: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ WHEREFORE, Defendant asks that Plaintiff's Complaint be dismissed, that he/she be granted a divorce from the Plaintiff, a