Fillable Printable Contested Answer and Counterclaim - District of Columbia

Contested Answer and Counterclaim - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

FAMILY COURT

Domestic Relations Branch

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 1 of 7

CONTESTED ANSWER TO COMPLAINT FOR ABSOLUTE DIVORCE

AND COUNTERCLAIM

Action Involving Child Support  yes  no

I, _______________________________, am the Defendant in this case.

PRINT YOUR NAME

1. Plaintiff stated that this court was the proper place to decide the divorce and related

issues in this case and:

 I agree with that.

 I disagree with that. This court is not the proper place to decide the divorce and

related issues in this case because

_______DRB ___________

RELATED CASES:

__________________________

_________________________________

PRINT YOUR SPOUSE’S NAME

_________________________________

STREET ADDRESS

_________________________________

CITY, STATE AND ZIP CODE

PLAINTIFF ,

_________________________________

PRINT YOUR NAME

_________________________________

STREET ADDRESS

_________________________________

CITY, STATE AND ZIP CODE

 SUBSTITUTE ADDRESS: CHECK BOX IF YOU

HAVE WRITTEN SOMEONE ELSE’S ADDRESS BECAUSE

YOU FEAR HARASSMENT OR HARM.

DEFENDANT.

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 2 of 7

2. With regard to my marriage to my spouse, I answer and state that: [CHECK ONE]

 I agree with my spouse’s statement about how, when and where we were married.

 I disagree with my spouse’s statement. My spouse and I were married [CHECK ONE]

 by ceremony on _________, in ______________________________.

DATE CITY AND STATE

 by common law on or about ________ , in _______________________.

DATE CITY AND STATE

3. With regard to my separation from my spouse, I answer and state that: [CHECK ONE]

 I agree with my spouse’s statement about when we separated

 I disagree with my spouse’s statement. My spouse and I were separated on or about

_______________________.

DATE

4. I state the following with regard to my married name: [CHECK ONE]

 I did not change my name when I married my spouse.

 I changed my name when I married my spouse. I do not wish to return to a former

name.

 I changed my name when I married my spouse and I now wish to return to my birth

name or another legal name I used before my marriage. I have no illegal or fraudulent

reason for making this request. The former name I want restored is:

________________________________________________________

PRINT NAME YOU WOULD LIKE THE COURT TO RESTORE

Marital Property & Marital Debt

5. With regard to property from my marriage, I answer and state that:

[CHECK ONE]

 I agree with my spouse’s statement about marital property.

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 3 of 7

 I disagree with my spouse’s statement about marital property and state the following:

[CHECK ONE]

 My spouse and I have no marital property.

 My spouse and I have an agreement resolving all of our marital property

issues and I am not asking the Court to divide or distribute any marital property.

 My spouse and I have a written agreement resolving all of our marital

property issues and I am not asking the Court to divide or distribute any marital

property.

 My spouse and I have marital property that I am asking the Court to divide or

distribute, and I have completed and attached the additional information required

on Attachment A, which I incorporate into this Contested Answer to Complaint

for Absolute Divorce and Counterclaim.

 I am not sure if my spouse and I have marital property.

6. With regard to debt from my marriage, I answer and state that: [CHECK ONE]

 I agree with my spouse’s statement about marital debt.

 I disagree with my spouse’s statement about marital debt and state the following:

[CHECK ONE]

 My spouse and I have no marital debt.

 My spouse and I have an agreement resolving all of our marital debt issues

and I am not asking the Court to assign responsibility for it.

 My spouse and I have a written agreement resolving all of our marital debt

issues and I am not asking the Court to assign responsibility for it.

 My spouse and I have marital debt that I am asking the Court to assign

responsibility for, and I have completed and attached the additional information

required on Attachment A, which I incorporate into this Contested Answer to

Complaint for Absolute Divorce and Counterclaim.

 I am not sure if my spouse and I have marital debt.

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 4 of 7

Alimony

7. With regard to my spouse’s statement about financial support, I answer and state that:

[CHECK ALL THAT APPLY]

 I agree with my spouse’s statement about permanent and/or temporary financial

support.

 I disagree with my spouse’s statement about permanent and/or temporary financial

support.

 I further state that I need permanent and/or temporary financial support and I

believe that my spouse has the ability to pay alimony to me.

Custody

8. With regard to my spouse’s statement about children of this marriage, I answer and

state that: [CHECK ONE]

 I agree with my spouse’s statement about custody.

 I disagree with my spouse’s statement about custody, and I have completed and

attached the additional information required on Attachment B, which I incorporate into

this Contested Answer to Complaint for Absolute Divorce and Counterclaim.

Child Support

9. With regard to my spouse’s request for child support, I answer and state that:

[CHECK ALL THAT APPLY]

 I agree with my spouse’s statement about child support.

 I disagree with my spouse’s statement about child support.

 I further state that I am asking the Court to award child support to me, and I have

completed and attached the additional information required on Attachment C, which I

incorporate into this Contested Answer to Complaint for Absolute Divorce and

Counterclaim.

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 5 of 7

Attachments

10. I further state that in support of my Contested Answer to Complaint for Absolute

Divorce and Counterclaim, I have included the following attachment(s): [CHECK ALL THAT

APPLY]

 No attachments

 Attachment A (Marital Property and Marital Debt)

 Attachment B (Custody)

 Attachment C (Child Support)

Request for Relief

I RESPECTFULLY REQUEST that the Court: [CHECK ALL THAT APPLY]

 Grant  Deny my spouse’s request for an Absolute Divorce.

 Divide marital property and/or assign marital debts in a manner that is equitable, just

and reasonable.

 Award alimony in a manner that is fair and just, including: [CHECK ALL THAT APPLY]

 temporary alimony

 permanent alimony

 Award custody in the best interests of the child(ren).

 Hold a hearing on any request for child support within 45 days of filing and issue a

Notice of Hearing and Order Directing Appearance (“NOHODA”) to the other parent

with the date and time of the hearing.

 Award child support according to the Child Support Guideline of the District of

Columbia and other applicable laws, including: [CHECK ALL THAT APPLY]

 current child support (support starting today and continuing into the future)

 retroactive child support (support for time before today)

 medical support

 Note that we have a written agreement. I request that the Court:

[CHECK ONE]

 include our written agreement as a part of its order.

 not include our written agreement as a part of its order.

 Restore me to my former name.

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 6 of 7

I ALSO REQUEST that the Court award any other relief it considers fair and proper.

[CHECK ONE]

 I do not know of any proceedings in the District of Columbia or in any state or territory

involving the same claim or subject matter as this case.

 I do know of proceedings in the District of Columbia or in any state or territory involving

the same claim or subject matter as this case, as listed on the first page of this Complaint

(“Related Cases”).

I solemnly swear or affirm under c riminal penalties for the m aking of a false statem ent that I

have read the foregoing Contested Answer to Complaint for Absolute Divorce and Counterclaim

and that the factual statem ents made in it ar e true to the best of my personal knowledge,

information and belief.

Respectfully Submitted,

____________________________________

SIGN YOUR NAME

____________________________________

DATE (mm/dd/yyyy)

____________________________________

STREET ADDRESS

____________________________________

CITY, STATE AND ZIP CODE

____________________________________

TELEPHONE NUMBER

 SUBSTITUTE ADDRESS: CHECK BOX IF YOU HAVE

WRITTEN SOMEONE ELSE’S ADDRESS BECAUSE YOU FEAR

HARASSMENT OR HARM.

DC Bar Pro Bono Program (revised 9-2011) Complaint for Absolute Divorce (Contested Answer and Counterclaim) Page 7 of 7

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

FAMILY COURT

Domestic Relations Branch

_________________________________

PRINT PLAINTIFF’S NAME

PLAINTIFF,

_________________________________

PRINT DEFENDANT’S NAME

DEFENDANT.

RULE 5

CERTIFICATE OF SERVICE

I certify that I served a copy of my Contested Answer to Complaint for Absolute Divorce

and Counterclaim to the other party or the other party’s attorney on __________________.

DATE OF SERVICE

The papers were delivered: [CHECK ONE]

 by handing them to the other party.

 by first class mail:

 by fax:

 by leaving a copy at the other party’s workplace with a clerk or person in charge,

or because there was no one in charge, by leaving it in a conspicuous place:

 by leaving a copy at the other party’s home with a person of suitable age and

discretion who lives there:

_____________________________________________________________

PRINT NAME OF PERSON SERVED WITH PAPERS

_____________________________________________________________

STREET ADDRESS/FAX # CITY, STATE AND ZIP CODE

_____________________________ _____________________________

SIGN YOUR NAME DATE (mm/dd/yyyy)

_______DRB ___________