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Fillable Printable Answer and Counterclaim - Nevada

Fillable Printable Answer and Counterclaim - Nevada

Answer and Counterclaim - Nevada

Answer and Counterclaim - Nevada

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CASE NO. ___________
DEPT. NO. I
IN THE FOURTH JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO
________________________,
PLAINTIFF, ANSWER AND COUNTERCLAIM
V.
________________________,
DEFENDANT,
___________________________________/
_________________________,
COUNTERCLAIMANT,
V.
_________________________,
COUNTERDEFENDANT.
___________________________________/
COMES NOW Defendant ______________________, in pro per, and hereby answers the Complaint
for Divorce filed herein as follows:
1. Defendant admits the allegations of the following paragraphs: ______________________
____________________________________________________________________________________
2. Defendant denies the following paragraphs: ________________________________________
____________________________________________________________________________________
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- 2 -
3. Defendant lacks sufficient information or belief to either admit or deny the allegations of the
following paragraphs: __________________________________________________________________
COUNTERCLAIM
COMES NOW _______________________________________ (name), the Counterclaimant/
Defendant (hereinafter “Counterclaimant”) and alleges and claims relief as follows:
1. That ______________________________ is now, and for more than six weeks preceding the
commencement of this action has been, an actual, bona fide resident of the State of Nevada.
2. Counterclaimant and Counterdefendant were married on (date of marriage) in _____________
___________________________ (city and state).
3. That the parties are incompatible in their marriage and that Counterclaimant desires a divorce.
____ 4. That the parties have not acquired any community property during the marriage or the community
property which was acquired has already been distributed between the parties.
____ 5. That the parties have certain community and separate property which should be divided as
follows:
A. Counterclaimant should be awarded the following as his/her sole and separate property:
________________________________________________________________________
_________________________________________________________________________
________________________________________________________________________
B. Counterdefendant should be awarded the following as his/her sole and separate property:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____ 6. The parties do not have any community or separate debts which must be divided between them,
or said debts have already been divided between the parties.
____ 7. That the parties have certain community or separate property debts, which, if the property is
divided as alleged above, should be divided as follows:
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- 3 -
A. Counterclaimant should be ordered to assume and pay for the following debts and
obligations, and to hold counterdefendant free and harmless from same:
________________________________________________________________________
_________________________________________________________________________
________________________________________________________________________
B. Counterdefendant should be ordered to assume and pay for the following debts and
obligations, and to hold counterdefendant free and harmless from same:
________________________________________________________________________
________________________________________________________________________
____ 8. That Counterclaimant waives his/her right to spousal support.
____ 9. That no spousal support should be awarded at this time.
____ 10. That spousal support should be awarded in the amount of $___________________ to
Counterclaimant.
____ 11. That the parties do not have any minor children born of this marriage and that
__________________ (wife’s name) is not pregnant now to the best of her knowledge.
____ 12. That Counterclaimant and Counterdefendant have ________ minor children who are the issue
born of this marriage, born before or during this marriage, have ____ adopted children and
_________________ (wife’s name) is not now pregnant to the best of her knowledge.
____ 13. The children of this marriage are:
NAME DATE OF BIRTH AGE
____________________________ ________________ _____
____________________________ ________________ _____
____________________________ ________________ _____
____________________________ ________________ _____
///
///
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_____ 14. That the above-said minor child(ren) have resided at: ________________________________
with 9 Counterclaimant 9 Counterdefendant, 9 both parties since ______________________.
That there are no non-parental persons who have custodial care of the minor child(ren). That except
for _________________________ (case name and number), neither party has participated as a party,
witness, or in any other capacity in any litigation concerning the custody of the minor child(ren) in
this or any other state. There are no other custody proceedings concerning the minor child(ren)
pending in a court of this or any other state. That there is no other person not a party to this action
who has physical custody of said minor child or claims to have custody or visitation rights with
respect to him/her/them.
_____ 15. That it is in the best interest of the minor child(ren) that legal custody be awarded to:
9 Counterclaimant 9 Counterdefendant 9 both parties.
____ 16. That it is in the best interest of the minor child(ren) that physical custody be awarded to:
9 Counterclaimant 9 Counterdefendant 9 both parties.
____ 17. That it is in the best interest of the minor child(ren) that visitation be awarded to
9 Counterclaimant 9 Counterdefendant as follows: ___________________________________
_______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____ 18. That prior to moving out of the State of Nevada, the custodial parent must obtain written
permission from the non-custodial parent, or leave of this Court.
____ 19. That 9 Counterclaimant 9 Counterdefendant should be ordered to pay child support in the
statutory amount and to pay one-half of all non-reimbursed medical expenses incurred for the benefit
of the minor child(ren).
____ 20. That Counterclaimant’s former name be restored to her, to wit: ___________________________
///
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WHEREFORE, Counterclaimant prays for relief as follows:
1. That Plaintiff take nothing by way of his/her Complaint for Divorce.
2. That he/she be granted a Decree of Divorce, forever dissolving the bonds of matrimony now and
heretofore existing between the parties, and restoring to each party the status of single, unmarried
persons.
____ 3. That there is no community property or debts to be divided by this court.
____ 4. That the property and debts of the parties shall be divided as alleged above.
____ 5. That ______________________ be ordered to pay spousal support.
___ 6. That legal custody of the minor child(ren) be awarded to: 9 Counterclaimant
9 Counterdefendant 9 both parties.
____ 7. That physical custody of the minor child(ren) be awarded to: 9 Counterclaimant
9 Counterdefendant 9 both parties.
____ 8. That visitation be ordered to 9 Counterclaimant 9 Counterdefendant as set forth above.
____ 9. That the Court enter an appropriate order, consistent with Chapters 125 and 125B of the Nevada
Revised Statutes, for the support of the minor child(ren).
____ 10. That Counterclaimant’s maiden name be restored to her, to wit: ________________________
___________________________.
11. For costs of suit incurred.
12. For such other and further relief as the Court deems just and proper.
DATED this _______ day of ______________, 20_____.
___________________________________
Name: _____________________________
Address: ___________________________
___________________________
Phone No.:__________________________
9 Counterclaimant 9 Counterdefendant
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CERTIFICATE OF SERVICE
I hereby certify that I am the 9 Plaintiff/Counterdefendant 9 Defendant/Counterclaimant, and that
on this date, pursuant to NRCP 5(b), I deposited in the United States mail at Elko, Nevada, a true and correct
copy of the ANSWER AND COUNTERCLAIM addressed to:
NAME AND ADDRESS OF OPPOSING PARTY
________________________________________
________________________________________
________________________________________
DATED this _________ day of ____________________, 20_____.
___________________________________
Signature
STATE OF NEVADA )
) ss.
COUNTY OF ELKO )
On this _______day of ___________________, 20____, personally appeared before me, the
undersigned, a Notary Public in and for said County and State, ________________________ known to me
to be the person described in and who executed the above and foregoing Answer and Counterclaim, who
acknowledged to me that ___________ executed the same freely and voluntarily and for the uses and
purposes therein mentioned.
WITNESS my hand and official seal the day and year above-written.
_________________________________
Notary Public
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