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Sample Answer

This document is a contested answer and counterclaim form filed in response to a complaint for legal separation. It provides checkboxes and sections for the respondent to agree or disagree with statements made in the original complaint regarding the court's authority over the case, details of the marriage and separation, requests regarding names, division of property and debt, alimony, child custody, child support, and any attachments to the original complaint. The respondent may also request relief from the court, such as denying the request for legal separation, dividing marital assets, awarding alimony or child support, or restoring a prior name. The respondent signs to affirm that the statements made are true to the best of their knowledge.

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Jes Min
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0% found this document useful (0 votes)
260 views

Sample Answer

This document is a contested answer and counterclaim form filed in response to a complaint for legal separation. It provides checkboxes and sections for the respondent to agree or disagree with statements made in the original complaint regarding the court's authority over the case, details of the marriage and separation, requests regarding names, division of property and debt, alimony, child custody, child support, and any attachments to the original complaint. The respondent may also request relief from the court, such as denying the request for legal separation, dividing marital assets, awarding alimony or child support, or restoring a prior name. The respondent signs to affirm that the statements made are true to the best of their knowledge.

Uploaded by

Jes Min
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 8

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

FAMILY COURT
Domestic Relations Branch

PRINT YOUR SPOUSE’S NAME

STREET ADDRESS _______DRB ___________

CITY, STATE AND ZIP CODE RELATED CASES:

PLAINTIFF,
v.

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.

CONTESTED ANSWER TO COMPLAINT FOR LEGAL SEPARATION AND


COUNTERCLAIM

I, , am the Defendant in this case.


PRINT YOUR NAME

1. With regard to this Court’s authority to decide my spouse’s request for legal separation
and related issues, I answer and state that [CHECK ONE]

 I agree with my spouse’s statement that this Court has the authority to decide my
spouse’s request for legal separation and related issues.

 I disagree with my spouse’s statement that this Court has the authority to decide my
spouse’s request for legal separation and related issues.

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 1 of 8
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 about how, when and where we were married.

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 about when we separated.

4. With regard to my spouse’s married name, I answer and state that [CHECK ONE]

 I agree with my spouse’s statement about his or her name change.

 I disagree with my spouse’s statement about his or her name change.

 I further state that 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, and I agree with all of my
spouse’s statements on Attachment A.

 I disagree with my spouse’s statement about marital property and further state that
I have completed and attached the additional information required on Attachment A,
which I incorporate into this Answer and Counterclaim.

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

 I agree with my spouse’s statement that we have marital debt that we are asking the
Court to assign, and I agree with all of my spouse’s statements on Attachment A.

 I disagree with my spouse’s statement about marital debt and further state that I
have completed and attached the additional information required on Attachment A, which
I incorporate into this Answer and Counterclaim.

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 2 of 8
Alimony

7. With regard to my spouse’s statement about temporary financial support, I answer and
state that [CHECK ALL THAT APPLY]

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

 I disagree with my spouse’s statement about temporary financial support at this time
and will file an “Opposition to Motion for Temporary Alimony” if my spouse files a
separate motion requesting temporary alimony.

 I further state that I need temporary financial support and will file a separate motion
(“Motion for Temporary Alimony”) asking the Court to grant this request.

8. With regard to my spouse’s statement about alimony, I answer and state that [CHECK ALL
THAT APPLY]

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

 I disagree with my spouse’s statement about his or her need for alimony and/or I
disagree that I have the ability to pay alimony.

 I further state that I need alimony from my spouse and I believe my spouse has the
ability to pay alimony to me.

Custody

9. 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 Answer and Counterclaim.

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 3 of 8
Child Support

10. With regard to my spouse’s statement about my legal obligation to contribute to the
support of our eligible child(ren), including any adult disabled children, I answer and state
that [CHECK ONE]

 I agree with my spouse’s statement about my legal obligation.

 I disagree with my spouse’s statement about my legal obligation.

11. 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, and I have completed and
attached the additional information required on Attachment C, which I incorporate into
this Answer and Counterclaim.

 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 Answer and Counterclaim.

Attachments

12. With regard to my spouse’s statement that he or she included attachment(s) to his or
her Complaint for Legal Separation, I answer and state that [CHECK ONE]

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

 I disagree with my spouse’s statement about attachments.

13. I further state that in support of my Answer and Counterclaim, I have included the
following attachment(s):

 No attachments
 Attachment A (Marital Property and Marital Debt)
 Attachment B (Custody)
 Attachment C (Child Support)

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 4 of 8
Request for Relief

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

 Grant  Deny my spouse’s request for a Legal Separation.

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

 Award alimony in a manner that is fair and just.

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

 Deny my spouse’s request for child support according to the Child Support Guideline
of the District of Columbia and other applicable laws.

 Hold a hearing on any request for child support within 45 days of filing and issue a
Notice of Hearing and Order Directing Appearance (“NHODA”) 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:
 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 an agreement. I request that the Court: [CHECK ONE]
 include our agreement as a part of its order.
 not include our agreement as a part of its order.

 Restore me to my former name.

 Grant my spouse’s request to be restored to his or her former name.

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

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 5 of 8
[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 Contested Answer
to Complaint for Legal Separation and Counterclaim (“Related Cases”).

I solemnly swear or affirm under criminal penalties for the making of a false statement that I
have read the foregoing Contested Answer to Complaint for Legal Separation and Counterclaim
and that the factual statements made in it are 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

EMAIL ADDRESS

 SUBSTITUTE ADDRESS: CHECK BOX IF YOU HAVE


WRITTEN SOMEONE ELSE’S ADDRESS BECAUSE YOU FEAR
HARASSMENT OR HARM.

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 6 of 8
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT

________________________________________
PRINT PETITIONER’S/PLAINTIFF’S NAME
Case No. ___________________
PETITIONER/PLAINTIFF,
v.

_________________________________
PRINT RESPONDENT’S/DEFENDANT’S NAME

RESPONDENT/DEFENDANT.

RULE 5
CERTIFICATE OF SERVICE

IF YOU HAVE ALREADY SERVED THE OTHER PARTY, YOU CAN FILL OUT AND FILE THIS
CERTIFICATE OF SERVICE ON THE SAME DAY YOU FILE YOUR PAPERS.

IF YOU HAVE NOT ALREADY SERVED THE OTHER PARTY, YOU MUST FILL OUT AND FILE THIS
CERTIFICATE OF SERVICE AFTER YOU SERVE THE OTHER PARTY.

I certify that I served a copy of my Contested Answer to Complaint for Legal Separation
and Counterclaim to the other party or the other party’s attorney on ______________________.
PRINT DATE OF SERVICE

The papers were delivered [CHECK ONE]

 by handing it to the other party

 by first class mail to:

________________________________________________________________________
PRINT NAME OF PERSON SERVED WITH PAPERS

________________________________________________________________________
STREET ADDRESS CITY, STATE AND ZIP CODE

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 7 of 8
 by fax to:

________________________________________________________________________
PRINT NAME OF PERSON SERVED WITH PAPERS

________________________________________________________________________
FAX NUMBER

 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:

________________________________________________________________________
PRINT NAME OF PERSON SERVED WITH PAPERS

________________________________________________________________________
STREET ADDRESS CITY, STATE AND ZIP CODE

 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 CITY, STATE AND ZIP CODE

_____________________________ _____________________________
SIGN YOUR NAME DATE

DC Bar Pro Bono Center (revised 10/2016) Complaint for Legal Separation (Contested Answer and Counterclaim) Page 8 of 8

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