Counterclaim

ANSWER AND COUNTERCLAIM TO COMPLAINT FOR DIVORCE (WITH CHILDREN)

STATE OF WYOMING ) IN THE DISTRICT COURT

) ss ) COUNTY OF ) JUDICIAL DISTRICT

Plaintiff: , Civil Action Case No.

(Print name of person filing)

vs.

Defendant: .

(Spouse) (Print name)

ANSWER AND COUNTERCLAIM
TO COMPLAINT FOR DIVORCE (WITH CHILDREN)

The Defendant sets forth the following as the answers and responses to Plaintiff’s Complaint for Divorce (with Children):

1. Defendant admits the allegations in Paragraphs of Plaintiff’s Complaint for Divorce.

2. Defendant denies the allegations in Paragraphs of Plaintiff’s Complaint for Divorce.

3. Defendant does not have information sufficient to either admit or deny the allegations in Paragraphs .

WHEREFORE, Defendant respectfully requests that the court find generally in his or her favor and against the Plaintiff, that Plaintiff take nothing by way of his or her Complaint for Divorce, and for such other and further relief as the court deems just and proper.

COUNTERCLAIM

DEFENDANT, sets forth the following as the counterclaim to Plaintiff’s Complaint for Divorce (with Children):

1. Plaintiff Defendant is a resident of County, Wyoming, where the Complaint was filed. The Plaintiff Defendant has lived in the State of Wyoming for at least sixty (60) days immediately prior to the filing of the Complaint; OR

if not, the marriage took place in Wyoming and the Plaintiff Defendant has lived in Wyoming from the time of the marriage until the filing of the Complaint.) W.S. § 20-2-104 and 20-2-107(a).

2. Plaintiff and Defendant were married to each other on in .

3. The Plaintiff and Defendant separated on

4. Irreconcilable differences exist in the marriage and Defendant is the aggrieved party in this case and should be granted a divorce from the Plaintiff.

5. The Plaintiff and I are the natural or adoptive parents of the following minor child(ren):

Child’s initials:

Child’s year of birth:

Present address:

Child’s residence for the past 5 years:

Attach a separate sheet if necessary

Child’s initials:

Child’s year of birth:

Present address:

Child’s residence for the past 5 years:

Attach a separate sheet if necessary

6. That the child(ren) named in the Complaint for Divorce have have not been in the State of Wyoming for a period of six (6) months or more immediately before filing of the Complaint. (If not, seek the advice of a lawyer before filing.)

7. I have not participated as a party or a witness or in any other capacity in any other court case concerning the custody of the minor child(ren), and no other court proceedings concerning the minor child(ren) are currently pending in the State of Wyoming or in any other state; OR

I have participated as a party or witness or in another capacity in another court proceeding concerning the custody, allocation of decision-making, or visitation/parenting time of the child(ren) listed in the Complaint for Divorce as follows:

8. I know of no person not a party to these proceedings who has physical custody of the minor child(ren) or who claims to have custody or visitation rights with respect to the minor child(ren); OR

The following people are not parties in this matter, but have physical custody of the child(ren) or claim rights of parental responsibilities, legal custody or physical custody, or visitation/parenting time with the child(ren):

9. To the best of Defendant’s knowledge,

Neither party is pregnant, OR

The Plaintiff Defendant is pregnant [If pregnant, consult an attorney.]; and

The baby is due on or about , and check one space below:

The Plaintiff and Defendant are the biological parents of the child, OR

Plaintiff is not the biological parent of the child, OR

Defendant is not the biological parent of the child.

10. Plaintiff OR Defendant is a fit and proper person to have the primary care, custody and control over the minor child(ren) subject to the other parent’s right of reasonable visitation; OR

Both parties are fit and proper persons to share custody and control over the minor child(ren).

11. Plaintiff OR Defendant is capable of paying child support in an amount determined by the Wyoming Child Support Guidelines.

12. The Court should order that Plaintiff OR Defendant OR Both Parents provide medical insurance for the minor child(ren) if it can be obtained through an employer or if it is otherwise reasonably available and that Plaintiff OR Defendant OR Both Parents be liable to pay any medical expenses, including any deductible or co-pay, not covered by insurance coverage.

13. The parties have accumulated certain property and debts during the course of their marriage which should be equitably divided by the Court.

14. The Court should award the Plaintiff OR Defendant spousal support/alimony in a reasonable amount to be determined by the Court based on the Plaintiff's Defendant's need and the Plaintiff's Defendant's ability to pay as follows:

Plaintiff's Defendant's need:

Plaintiff's Defendant's ability to pay:

OR Neither party shall be awarded spousal support/alimony.

15. The Plaintiff’s Defendant’s previous name may be restored if he or she desires.

WHEREFORE, the Defendant respectfully requests that the Court:

1. Grant the Defendant a divorce from the Plaintiff and dissolve the marriage;
2. Award:

   The parties joint legal custody and Plaintiff or Defendant to have physical custody; OR

   The parties joint legal and joint physical custody; OR

   Plaintiff or Defendant to have sole legal and physical custody; OR

   Other (Please describe desired legal and physical custody arrangement in detail)

3. Order that the Plaintiff OR Defendant pay child support in an amount determined by the court using the Wyoming Child Support Guidelines;
4. Order that the Plaintiff OR Defendant OR Both parents provide medical support for the minor child(ren);
5. Order a just and equitable division of the marital property and debts;
6. Order that:

   No party is entitled to spousal support; OR

   Reasonable spousal support should be paid by Plaintiff OR Defendant as the circumstances and facts may require;

7. Order that the Plaintiff Defendant resume his or her previous name at the conclusion of this lawsuit if he or she wishes; and
8. Order such other and further relief as the Court deems just and equitable.

CERTIFICATE OF SERVICE

I certify that on the original of this document was filed with the Clerk of District Court; and, a true and accurate copy of this document was served on the other party by Hand Delivery OR Faxed to this number OR by placing it in the United States mail, postage pre-paid, and addressed to the following:

(Print Plaintiff/Plaintiff’s Attorney’s Name and Address)

TO:

Fill in, if applicable

Pursuant to Rule 102(a)(1)(B) of the Wyoming Uniform Rules of District Court the following attorney has participated in the preparation of this pleading but said attorney is NOT deemed to have entered an appearance in this matter:

Attorney’s Address/Telephone: