Fillable Printable Answer and Counterclaim for Divorce Without Minor Children - Georgia
Fillable Printable Answer and Counterclaim for Divorce Without Minor Children - Georgia
Answer and Counterclaim for Divorce Without Minor Children - Georgia
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 1 of 11
Provided by the Gwinnett Family Law Clinic
SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
Plaintiff,
vs.
Defendant.
,
,
Civil Action
Case Number
ANSWER & COUNTERCLAIM FOR DIVORCE
WITHOUT MINOR CHILDREN
ANSWER
My name is
and I am representing myself in this divorce action. In response to each of the numbered
paragraphs of the Plaintiff’s Complaint for Divorce, I state as follows:
[Check only one answer to match each paragraph of the Complaint; whenever you choose the
“partly true” answer, you must explain on the lines about what is true and what is false.]
1. The allegations of Paragraph One are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
2. The allegations of Paragraph Two are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 2 of 11
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3. The allegations of Paragraph Three are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
4. The allegations of Paragraph Four are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
5. The allegations of Paragraph Five are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
6. The allegations of Paragraph Six are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
7. The allegations of Paragraph Seven are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 3 of 11
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8. The allegations of Paragraph Eight are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
9. The allegations of Paragraph Nine are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
10. The allegations of Paragraph Ten are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
11. The allegations of Paragraph Eleven are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
12. The allegations of Paragraph Twelve are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 4 of 11
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13. The allegations of Paragraph Thirteen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
14. The allegations of Paragraph Fourteen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
15. The allegations of Paragraph Fifteen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
16. The allegations of Paragraph Sixteen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
17. The allegations of Paragraph Seventeen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 5 of 11
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18. The allegations of Paragraph Eighteen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
19. The allegations of Paragraph Nineteen are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
20. The allegations of Paragraph Twenty are: admitted as true denied as untrue
neither admitted nor denied because I do not have enough information to know
the truth of the matter partly true and partly untrue, specifically as follows:
21. The allegations of Paragraph Twenty-One are: admitted as true denied as
untrue neither admitted nor denied because I do not have enough information to
know the truth of the matter partly true and partly untrue, specifically as follows:
22. The allegations of Paragraph Twenty-Two are: admitted as true denied as
untrue neither admitted nor denied because I do not have enough information to
know the truth of the matter partly true and partly untrue, specifically as follows:
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 6 of 11
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23. The allegations of Paragraph Twenty-Three are: admitted as true denied as
untrue neither admitted nor denied because I do not have enough information to
know the truth of the matter partly true and partly untrue, specifically as follows:
24. The allegations of Paragraph Twenty-Four are: admitted as true denied as
untrue neither admitted nor denied because I do not have enough information to
know the truth of the matter partly true and partly untrue, specifically as follows:
25. The allegations of Paragraph Twenty-Five are: admitted as true denied as
untrue neither admitted nor denied because I do not have enough information to
know the truth of the matter partly true and partly untrue, specifically as follows:
26. Defenses - In addition to my specific responses above, I have the following
affirmative defenses to this action:
COUNTERCLAIM FOR DIVORCE
27. Subject Matter Jurisdiction: I am the Defendant in this action and:
[Check only one of the following, either (a) or (b).]
(a) I have been a resident of the State of Georgia for more than six (6) months
immediately prior to filing this action.
(b) I am not a resident of the State of Georgia, but my spouse has been a resident
of the State of Georgia for at least six (6) months immediately prior to filing
this action.
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 7 of 11
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28. Venue: My spouse is the Plaintiff in this action, and has consented to venue and
personal jurisdiction by filing the Complaint for Divorce.
29. Service: The Plaintiff shall be served as provided under OCGA § 9-11-5(b), by
delivering or mailing to the address listed on the Summons.
30. Date of Marriage:
[Check and complete only one of the following, either (a) or (b).]
(a) The Plaintiff and I were lawfully married on .
(b) The Plaintiff and I are married by common law because we lived together and
held ourselves out as husband and wife as of ,
which date was prior to January 1, 1997.
31. Date of Separation: The Plaintiff and I last separated on ,
and we have remained in a true state of separation since that date.
32. Settlement Agreement:
[Check only if there is a signed agreement.]
The Plaintiff and I have entered into a Settlement Agreement, which we both want
to be incorporated into the Final Judgment and Decree for Divorce. The
Settlement Agreement has been signed by each of us in front of a notary public,
and I am filing the Settlement Agreement with the Court, together with this
Answer and Counterclaim.
33. Alimony:
[Check only one of the following, either (a) or (b).]
(a) I am financially dependent on the Plaintiff and need the Court to order the
Plaintiff to pay alimony for my support.
(b) I am not asking for alimony.
34. Marital Property:
[Check only one of the following, either (a), (b) or (c). Do not include complete account numbers.]
(a) The Plaintiff and I have already divided our marital property, and we are both
satisfied with the division.
(b) The Plaintiff and I have not obtained any property during our marriage.
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 8 of 11
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(c) The Plaintiff and I have obtained the following property during our marriage,
and I am asking for a fair division of this property:
House located at
Other real estate, located at
Mobile home (model: , year: )
Pension (mine, worth $ ; Plaintiff’s, worth $ )
Motor vehicles listed here:
Model/year:
Model/year:
Model/year:
Furniture:
Listed here:
Listed on separate paper attached to this Counterclaim
Bank accounts and/or other investments:
Listed here:
________________________________________________________
Listed on separate paper attached to this Counterclaim
Other property:
Listed here:
Listed on separate paper attached to this Counterclaim
Answer & Counterclaim for Divorce Without Minor Children - Rev. March 2012 Page 9 of 11
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35. Joint or Marital Debts:
[Check only one of the following, either (a) or (b). Do not include complete account numbers.]
(a) The Plaintiff and I do not have any outstanding joint or marital debts.
(b) The Plaintiff and I have the following outstanding joint or marital debts, and
responsibility for paying them should be as listed below:
Creditor Balance Who Should Pay
Listed on separate paper attached to this Counterclaim.
36. Restraining Order Where Violence Has Occurred:
[Read instructions carefully and check only if applicable.]
There is a history of physical violence by the Plaintiff toward me, and I am afraid
that the Plaintiff will engage in further acts of violence or harassment toward me
unless the Court enters a temporary and permanent restraining order.
37. Restore Former or Maiden Name:
[Check only if applicable.]
My former or maiden name is
and I am asking the Court to restore that name to me.
38. Grounds for Divorce:
[Check the ones that you can prove at trial.]
My grounds for divorce from the Plaintiff are:
(a) Our marriage is irretrievably broken. The Plaintiff and I can no longer
live together and there is no hope that we will get back together.
(b) Cruel treatment - The Plaintiff committed the following acts of cruel
treatment toward me:
_____________________________________________________________________________________
Complaint for Divorce with Minor Children - Rev. February 2012 Page 10 of 11
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(c) Adultery - The Plaintiff has had sexual intercourse with someone else
during our marriage.
(d) Desertion - The Plaintiff has intentionally and continually deserted me for at
least a year.
(e) Other grounds from list in OCGA § 19-5-3, as explained here:
FOR THESE REASONS, I REQUEST THE FOLLOWING RELIEF:
[Check all that apply.]
(a) That I be granted a total divorce from the Plaintiff;
(b) That the Settlement Agreement signed by the parties be incorporated into the Final
Judgment and Decree of Divorce.
(c) That the Plaintiff be ordered to pay me alimony for my support;
(d) That our marital property be divided according to Paragraph 34;
(e) That our joint and marital debts be divided according to Paragraph 35;
(f) That the Plaintiff be temporarily and permanently restrained from harassing me or
committing any acts of violence toward me;
(g) That my former or maiden name be restored according to Paragraph 37;
(h) That a Rule Nisi be scheduled by the Court, to decide on the relief I have requested;
(i) That the Court order the parties to participate in mediation, to try to resolve this
matter; and
_____________________________________________________________________________________
Complaint for Divorce with Minor Children - Rev. February 2012 Page 11 of 11
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(j) That the Court order any and all other relief that the Court finds appropriate.
Dated:
Defendant, Pro se (Signature)
Name:
Address:
Phone:
