Fillable Printable Answering the Divorce Complaint - Vermont

Answering the Divorce Complaint - Vermont

ANSWERING THE DIVORCE COMPLAINT AND

PREPARING YOUR OWN COMPLAINT

If you are a Defendant in a Divorce:

Preparing an Answer and Preparing a Counterclaim to the Complaint

Preparing an Answer:

• You have received a Summons and Complaint for divorce. The Summons tells you

that you need to file an Answer to the Complaint within 20 days or a default

judgment may be entered against you. In practice, if a written request is made to

the court, the court will normally allow you to file an answer after 20 days.

• The answer tells the Court that you want to be involved and participate in the

process and is simply a response to the statements in the Divorce Complaint. The

complaint includes statements of where the parties reside and for how long, the date

of the marriage, minor children born of the marriage, property of the marriage, other

court actions involving the parties, the date of separation, and if either party is

receiving public assistance.

• A form on which you may file your answer (Form #837 or #837cu if this is a Civil

Dissolution) is available at the Court. It starts with numbered spaces 1 through 8

with admit or deny on the beginning of each line. These numbers correspond to

items 1 through 8 on a Complaint. Circle admit to each numbered item with which

you agree. Circle deny, if you disagree with a numbered item, and write what you

believe to be true. If you need more room, attach additional pages to the answer

form.

• You may also want to file what’s called a “Counterclaim,” form #838. (See section

below.)

What happens if you do not file an Answer or Notice of Appearance:

• If you don't answer the complaint a default judgment may be entered against you. A

Default Judgment is a decision made by the Court without your input and may be

made without you being present. If you have children and you do not file an answer

and do not show up for any scheduled court hearings, the court will make orders

regarding the parental rights and responsibilities of your children (custody and

visitation) and child support without your input. The court will also make decisions

regarding your property and responsibility for debts in all divorce cases if you do not

file an answer and do not notify the court that you want to participate.

• If you do not file an Answer but you appear at a scheduled court hearing, you will be

allowed to participate in the proceeding because you have entered an appearance by

showing up. You need to fill out a form entitled Pro Se Appearance (Form #831) and

file it with the court so that the court knows how to contact you and where to send

you information about your case, including notices of hearing. You may file a Notice

of Appearance or appear at any time before the Final Hearing in your divorce, which

will entitle you to participate in the process.

Pamphlet #26 October 2002

Preparing your own Complaint for Divorce (Counterclaim):

• A Counterclaim tells the Court that you also want a divorce and what "relief" (what

you want the Court to do for you) you want in the divorce proceedings. A

Counterclaim is in essence your own Divorce Complaint and should be filed with the

court within 20 days of receiving service of the divorce complaint. (Form #838) It is

usually filed with the Answer to the Divorce Complaint. Even if you don't file a

Counterclaim with your Answer, the Court, upon request, will normally allow you to

file it late unless it is unfair to the other spouse.

Why do you need to file a Counterclaim for Divorce?

• If you also want a divorce and your spouse has filed a Complaint for Divorce but

changes his or her mind and wants to withdraw the Divorce Complaint, your

Counterclaim will prevent the whole divorce from being withdrawn by your spouse

without your consent. A divorce can be dismissed even after the court has entered

temporary orders. Once a divorce is dismissed, all orders entered as part of the

divorce action will also automatically be dismissed, including parental rights and

responsibilities and child support orders.

Serving the Answer and Counterclaim:

• An Answer and/or Counterclaim, and all other court documents, must be filed with

the Court and served on the other party. (See #25 Service of the Divorce Papers).

You can obtain helpful information, as well as court forms at: