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Fillable Printable Answer and Counterclaim to Divorce Without Children - Alaska

Fillable Printable Answer and Counterclaim to Divorce Without Children - Alaska

Answer and Counterclaim to Divorce Without Children - Alaska

Answer and Counterclaim to Divorce Without Children - Alaska

You must use black ink to fill out this form.
Your Name:
Mailing Address:
Telephone: Message phone:
NOTE: If for any reason you do not wish the other party to know your physical
address, you still must provide a mailing address so that the court and the other
party can serve you by mail.
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
AT
City or Town where the Court is located
)
)
Plaintiff, )
v. )
)
)
)
Your Case No.
Defendant. )
)
ANSWER AND COUNTERCLAIM
To Divorce Without Children
I, , hereby submit my response to
(Print your name here)
plaintiff's complaint, and allege as follows:
A. ANSWER
1.
Agree with the statements in paragraph 1 of the Complaint.
Disagree with the statements in paragraph 1 of the Complaint.
Do not understand the statements in paragraph 1 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 1 of the Complaint:
but agree with the rest.
There is no paragraph 1 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 1 of 7
(Without Minor Children) SHC-107 (09/11)
You must use black ink to fill out this form.
2.
Agree with the statements in paragraph 2 of the Complaint.
Disagree with the statements in paragraph 2 of the Complaint.
Do not understand the statements in paragraph 2 of the Complaint to decide
whether I agree or disagree.
Disagree with this part of the statement in paragraph 2 of the Complaint:
but agree with the rest.
There is no paragraph 2 in Plaintiff’s Complaint.
3.
Agree with the statements in paragraph 3 of the Complaint.
Disagree with the statements in paragraph3 of the Complaint.
Do not understand the statements in paragraph 3 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 3 of the Complaint:
but agree with the rest.
There is no paragraph 3 in Plaintiff’s Complaint.
4.
Agree with the statements in paragraph 4 of the Complaint.
Disagree with the statements in paragraph 4 of the Complaint.
Do not understand the statements in paragraph 4 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 4 of the Complaint:
but agree with the rest.
There is no paragraph 4 in Plaintiff’s Complaint.
5.
Agree with the statements in paragraph 5 of the Complaint.
Disagree with the statements in paragraph 5 of the Complaint.
Do not understand the statements in paragraph 5 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 5 of the Complaint:
but agree with the rest.
There is no paragraph 5 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 2 of 7
(Without Minor Children) SHC-107 (09/11)
You must use black ink to fill out this form.
6.
Agree with the statements in paragraph 6 of the Complaint.
Disagree with the statements in paragraph 6 of the Complaint.
Do not understand the statements in paragraph 6 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 6 of the Complaint:
but agree with the rest.
There is no paragraph 6 in Plaintiff’s Complaint.
7.
Agree with the statements in paragraph 7 of the Complaint.
Disagree with the statements in paragraph 7 of the Complaint.
Do not understand the statements in paragraph 7 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 7 of the Complaint:
but agree with the rest.
There is no paragraph 7 in Plaintiff’s Complaint.
8.
Agree with the statements in paragraph 8 of the Complaint.
Disagree with the statements in paragraph 8 of the Complaint.
Do not understand the statements in paragraph 8 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 8 of the Complaint:
but agree with the rest.
There is no paragraph 8 in Plaintiff’s Complaint.
9.
Agree with the statements in paragraph 9 of the Complaint.
Disagree with the statements in paragraph 9 of the Complaint.
Do not understand the statements in paragraph 9 of the Complaint to decide whether
I agree or disagree.
Disagree with this part of the statement in paragraph 9 of the Complaint:
but agree with the rest.
There is no paragraph 9 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 3 of 7
(Without Minor Children) SHC-107 (09/11)
You must use black ink to fill out this form.
10.
Agree with the statements in paragraph 10 of the Complaint.
Disagree with the statements in paragraph 10 of the Complaint.
Do not understand the statements in paragraph 10 of the Complaint to decide
whether I agree or disagree.
Disagree with this part of the statement in paragraph 10 of the Complaint:
but agree with the rest.
There is no paragraph 10 in Plaintiff’s Complaint.
11.
Agree with the statements in paragraph 11 of the Complaint.
Disagree with the statements in paragraph 11 of the Complaint.
Do not understand the statements in paragraph 11 of the Complaint to decide
whether I agree or disagree.
Disagree with this part of the statement in paragraph 11 of the Complaint:
but agree with the rest.
There is no paragraph 11 in Plaintiff’s Complaint.
12.
Agree with the statements in paragraph 12 of the Complaint.
Disagree with the statements in paragraph 12 of the Complaint.
Do not understand the statements in paragraph 12 of the Complaint to decide
whether I agree or disagree.
Disagree with this part of the statement in paragraph 12 of the Complaint:
but agree with the rest.
There is no paragraph 12 in Plaintiff’s Complaint.
13.
Agree with the statements in paragraph 13 of the Complaint.
Disagree with the statements in paragraph 13 of the Complaint.
Do not understand the statements in paragraph 13 of the Complaint to decide
whether I agree or disagree.
Disagree with this part of the statement in paragraph 13 of the Complaint:
but agree with the rest.
There is no paragraph 13 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 4 of 7
(Without Minor Children) SHC-107 (09/11)
You must use black ink to fill out this form.
B. AFFIRMATIVE DEFENSE(S)
(An affirmative defense is facts and arguments that attack the plaintiff’s legal right to
bring the court case. The affirmative defense might win for the defendant even if
everything in the plaintiff’s complaint is true.)
I have no affirmative defenses. (Go to Section C.)
I further allege the following as my affirmative defense(s):
1.
I have never resided or been present in the State of Alaska. It is my position that
the Alaska court does not have jurisdiction over any of the property or debt of the
marital estate. I want the Alaska court to dismiss this case because I will be
prejudiced if we are divorced before the property division occurs in another state.
I have attached to this Answer a Motion to Dismiss.
2.
The venue of this action is improper. This case should have been filed at the
courthouse in .
City or Town
I have attached to this Answer a Motion To Change Venue.
3.
Other
C. COUNTERCLAIM(S)
(A counterclaim is where the defendant states what he/she wants to happen
regarding the issues in the case.)
I have no counterclaims. (Go to Section D.)
I further allege the following as my counterclaim(s):
I have stated above that the Alaska court does not have jurisdiction over the
marital estate and that the case should be dismissed. If this court does not
dismiss the case, I submit the following counterclaim(s) without waiving my claim
about the court’s lack of jurisdiction.
1. Date of Separation
I disagree with plaintiff’s date of separation and assert that we have been
continuously separated since .
(
Date of Separation)
ANSWER TO DIVORCE COMPLAINT Page 5 of 7
(Without Minor Children) SHC-107 (09/11)
You must use black ink to fill out this form.
2. Children
We have NO minor children together and the wife is NOT pregnant.
We have minor children or the wife is pregnant. (If the wife is pregnant, there
are children, or paternity needs to be disestablished for any child(ren) born or
conceived during the marriage, this form will NOT work for you. Use Answer
& Counterclaim to Divorce With Minor Children, SHC-105 Word | PDF).
3. Property
3A.
There is no property or debt to be divided by this court and we can each keep
what we have in our possession or control.
3B.
There is property and debt to be divided by this Court. I request that the
marital property and debt be divided in a just and equitable manner. I am
currently aware of the following types of property and debt:
Land Bank / credit union account(s)
Building(s)
(include your home here)
401(k) / 403(b) retirement account(s)
Car / truck IRA account(s)
Snow machine / 4-wheeler Pension
Boat(s) Household goods
Plane(s) Credit card debt(s)
Gun(s) Debt related to property (mortgages,
vehicle or equipment loans etc.)
Tools Other debt(s)
Optional Comments:
3C.
I have attached a Property and Debt Worksheet.
4. Restoration of Former Name
I request that my former name of be
(
Print your full former name)
restored to me.
ANSWER TO DIVORCE COMPLAINT Page 6 of 7
(Without Minor Children) SHC-107 (09/11)
You must use black ink to fill out this form.
5. Other:
For example attorney’s fees, spousal support, etc. If you want the court to
award you attorneys fees or spousal support before the end of the case, you must file a
separate motion in addition to writing it in this section. See
http://courts.alaska.gov/shc/family/motions.htm for forms.)
D. REQUEST FOR RELIEF
I REQUEST:
1. That the court end our marriage and issue a Decree of Divorce;
2. That a Final Order and Judgment be entered regarding property and debt as
requested in the Complaint or section 3 of the Counterclaim;
3. That my former name of
be restored to me.
(Print full former name here)
4. Other:
5.
For such other and further relief as the Court deems fit and proper.
I have attached the following documents:
Property & Debt Worksheet, SHC-1000 Word | PDF
Other:
Date Your Signature (In blue ink if possible
)
Certificate of Service
I certify that on a copy of this Answer and all documents attached as indicated
above was/were mailed hand delivered to:
Plaintiff Plaintiff’s Lawyer
Other
Your signature:
ANSWER TO DIVORCE COMPLAINT Page 7 of 7
(Without Minor Children) SHC-107 (09/11)
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