Instructions for Answer and Counterclaim Without Minor Children

Instructions for Answer and Counterclaim

Without Minor Children

***This form may be completed by the Defendant in a divorce action***

An Answer is a written response by the Defendant to the Complaint to protect the Defendant’s

rights. A Counterclaim is the way a Defendant informs the court and the Plaintiff that he or she also

wants a divorce and upon what grounds. It tells the Plaintiff (and the court) what the Defendant is

asking for and why. If the Defendant files an Answer and Counterclaim, he/she must file the Answer

and Counterclaim with the Clerk of Courts and serve it on the Plaintiff within 30 days after Defendant

is served with the Summons and Complaint. Service of the Answer and Counterclaim may be made by

mail. If an Answer is not filed, the court may grant the Plaintiff everything requested in the Complaint

and the judge will enter a decree of divorce in default. The Defendant is not required to file an

Answer and Counterclaim if he or she agrees with everything the Complaint.

• Complete the top portion of the Answer (the “caption”) just as it appears in the Summons and

Complaint.

• Answer or complete paragraphs 1-4. You must respond to each and every paragraph of the

Complaint for Divorce. (You must Admit, Deny, Partially Admit or Deny, or state you

Do Not Have Enough Information to Answer.)

• Complete the “Counterclaim” section:

1. Fill in the name of the county in which you reside.

2. Fill in the name of the county in which your spouse resides.

3. Fill in the information regarding the date of your marriage.

4. Check the appropriate grounds for divorce in the event that you and your spouse do not

agree to the use of irreconcilable differences. Please understand that seeking a

divorce for other than irreconcilable differences is likely to result in a contested

divorce which is both costly and complex. In those circumstances, you are strongly

advised to meet with and hire an attorney to fully protect your interests. You are

not required to check other grounds for divorce.

5. You do not need to write anything for this paragraph. However, if you and your spouse

have minor children or if one of you is pregnant, this is not the correct form for you to

use. Use the form specifically for an Answer and Counterclaim With Minor Children.

6. You do not need to write anything for this paragraph. It tells the court that you and

your spouse own property and have debts which need to be divided.

7. You do not need to write anything for this paragraph. It tells the court that you and

your spouse own property and have debts which need to be divided.

● Answer or complete the last four paragraphs which tell the court what you are asking for in the

divorce:

Form UJS-316 Rev. 01/09

1. You do not need to write anything for this paragraph. It tells the court that you are

asking for a divorce from your spouse.

2. You do not need to write anything for this paragraph. It tells the court that you are

asking the court to equitably divide your property and debts.

3. If either party would like to have his/her former name restored, circle either “Plaintiff’s”

or “Defendant’s” and insert the prior name and date of birth.

4. You do not need to write anything for this paragraph. It tells the court that you are

requesting any other relief that is equitable and just.

● You must date and sign the Answer and Counterclaim and provide your address and telephone

number.

● Complete the Verification portion: Do not fill out the verification until you are in the

presence of a notary public or clerk of court. Make sure you bring identification to show

the notary or clerk of court. A notary public can usually be found at the bank and

sometimes at the courthouse.

WARNING: By signing your name, you are telling the court that you are telling the truth and

that you have a good faith reason for your requests. If you are not telling the truth, if you are

misleading the court, or if you are serving or filing this document for an improper purpose, the

court could find you in contempt or you could be prosecuted for not telling the truth.

Form UJS-316 Rev. 01/09

STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT

:SS

COUNTY OF _______________ ) ________ JUDICIAL CIRCUIT

_________________________, DIV _______

Plaintiff,

vs. ANSWER AND COUNTERCL AIM

WITHOUT MINOR CHILDREN

_________________________,

Defendant

Defendant answers the Complaint as follows:

1. I AGREE with the following paragraphs of the Complaint for Divorce:

____________________________________________________________________________

____________________________________________________________________

________________________________________________________________________

2. I DISAGREE with the following paragraphs of the Complaint for Divorce:

____________________________________________________________________________

________________________________________________________________

3. I either PARTIALLY Agree or Disagree with the following paragraphs of the Complaint for

Divorce:

_______________________________________________________________________

4. I DO NOT HAVE ENOUGH INFORMATION to either agree or disagree with the following

paragraphs of the Complaint for Divorce:

_______________________________________________________________________

____________________________________________________________________________

____________________________________________________________________

Form UJS-316 Rev. 01/09

If you wish to explain your answers to the previous statements please use the space b elow. You

are not required to make further statements and please remember that your statements are made under

oath. If you do not wish to explain your answers further, omit this page when you submit your Answer

to the Clerk of Courts.

1.

__________________________________________________________________________________

2.

__________________________________________________________________________________

3.

__________________________________________________________________________________

4.

__________________________________________________________________________________

Form UJS-316 Rev. 01/09

COUNTERCLAIM

1. Plaintiff is a resident of ________________ County, State of ________________.

2. Defendant is a resident of ______________ County, State of ________________.

3. Plaintiff and Defendant were married on ____________________________ . If the parties are

currently living apart, the date upon which they started living apart is __________________.

4. Irreconcilable differences have arisen between the Plaintiff and Defendant which necessitates

the dissolution of the marriage. Further grounds for dissolution of marriage exist under SDCL

25-4-2, subsection:

___ (1) Adultery;

___ (2) Extreme cruelty;

___ (3) Willful desertion;

___ (4) Willful neglect;

___ (5) Habitual intemperance;

___ (6) Conviction of felony;

5. We have no minor children together (either natural born or adopted during the marriage) and

wife is not pregnant.

6. The parties have accumulated property and debts during the course of the marriage which must

be equitably divided.

7. I request/do not request support (alimony) be paid by Plaintiff.

WHEREFORE, Defendant prays for Judgment as follows:

1. For a decree of divorce dissolving the marriage of the parties.

2. For an equitable division of the marital property and debts.

3. That Plaintiff’s / Defendant’s (circle one) last name be restored to:

_____________________________.

4. For support, if requested above.

5. For such other and further relief as may be equitable and just.

Dated ___________________, 20____.

_________________________________________

Defendant’s Signature

_________________________________________

Print or type name

_________________________________________

Street Address

_________________________________________

City, State, Zip

_________________________________________

Telephone Number

Form UJS-316 Rev. 01/09

VERIFICATION

STATE OF SOUTH DAKOTA )

: SS

COUNTY OF ________________ )

Defendant, being first duly sworn, deposes and states that he or she verifies the facts expressed

within the Answer are true.

Dated ___________________, _______.

__________________________________________

Defendant’s Signature

Subscribed and sworn to before me this ______ day of ______________, ______.

_________________________________________

Notary Public/Clerk of Courts

(SEAL) If Notary, my commission expires: __________________

Form UJS-316 Rev. 01/09

Fillable Printable Instructions for Answer and Counterclaim Without Minor Children

Fillable Printable Instructions for Answer and Counterclaim Without Minor Children