Fillable Printable Counterclaim for Divorce Form - Maine

Counterclaim for Divorce Form - Maine

STATE OF MAINE

SUPERIOR COURT DISTRICT COURT

, ss Location

Docket No. Docket No.

Plaintiff

ANSWER AND

v. COUNTERCLAIM

FOR DIVORCE

Defendant

 Title to Real Estate is Involved

 Children Involved

ANSWER

1. Defendant admits paragraphs # of Plaintiff’s

complaint for divorce.

2. Defendant denies paragraphs # of Plaintiff’s

complaint for divorce.

3. In further answer to Plaintiff’s complaint Defendant states:

COUNTERCLAIM

1. Defendant was lawfully married to the Plaintiff in (town) ,

(county) , (state) ,on (mo/date/yr).

2. Plaintiff now resides in (town) , (county) , (state)_____.

3. Defendant now resides in (town) , (county) , (state)_____.

4. The Court has jurisdiction because: (check all of the statements that apply)

 A. Defendant resided in Maine in good faith for six months before filing this

Complaint;

 B. Defendant is a resident of Maine and the parties were married in Maine;

 C. Defendant is a resident of Maine and the parties resided in Maine when the

grounds for divorce arose; and

 D. Plaintiff is a resident of Maine.

FM-186, Rev. 12/12 (Page 1 of 3)

5. Neither party has filed for divorce or annulment from the other before the filing of

Plaintiff’s complaint in this case except:

A complaint for divorce or annulment was filed before in (court name, town and state

of court) ,

docket no. .

That case:

 was dismissed on , or

 is still pending.

6. The parties have personal property, AND

 Either or both parties has an interest in real estate,

 Neither party has an interest in real estate.

7. Defendant hereby states that the grounds for divorce in this case is that irreconcilable

marital difference exist between the parties.

8. Defendant and Plaintiff are the parents of the following child(ren):

Name Date of Birth Present Address

A. The children have lived in the following places at the following times in the

past 5 years:

Name and present address of Dates child(ren) Town and State where child)ren

person child(ren) lived with lived with that person lived with that person

B. Defendant has not been involved in any way in, and has no information about,

another court case in any state concerning the custody of the child(ren) except as

follows:

 Protection from Abuse

 Protective Custody

 Other (describe what kind of case)

FM-186, Rev. 12/12 (Page 2 of 3)

9. (Check all boxes that apply)

 No public assistance benefits have ever been received for the child(ren).

 Public assistance benefits have been, are now, or will be received for the child(ren).

AND

 Defendant has sent a copy of this answer and counterclaim to the Department of

Human Services at the following address: Support Enforcement Division, Central

Office Supervisor, State House Station 11, Augusta, ME 04333-0011. (A copy must

be sent when the child(ren) have been, are now, or will be receiving public assistance

benefits).

 The Department of Human Services has issued a child support order regarding the

child(ren). (If such an order has issued, a copy of the order must be attached to this

Complaint).

 The Department of Human Services has been contacted to set up, review, change, or

enforce a child support order regarding the child(ren).

WHEREFORE, DEFENDANT REQUESTS that a divorce be granted and that the

Court; (check all boxes that apply)

 Determine parental rights and responsibilities regarding the minor child(ren), including

child support;

 Set apart the non-marital property to each party and divide marital property;

 Order alimony be paid to the Defendant by the Plaintiff;

 Award reasonable attorney’s fees to Defendant’s Attorney; and

 Change Defendant’s name to .

Date:

(Defendant’s signature)

Name:

Address:

Telephone:

STATE OF MAINE

County

Personally appeared the above named Defendant, ,

and made Oath that the foregoing statements are true.

Before me,

Date:

Attorney at Law/Notary Public/Deputy Clerk

FM-186, Rev. 12/12 (Page 3 of 3)