Divorce Counterclaim

ANSWER TO AMENDED COMPLAINT FOR DIVORCE, COUNTER COMPLAINT FOR DIVORCE, AND AFFIRMATIVE MATTERS

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI

PLAINTIFF

VS. CIVIL ACTION NO.

DEFENDANT

COMES NOW the Defendant, , who files this his/her Answer to the Amended Complaint for Divorce, his Counter Complaint for Divorce, and his Affirmative Defenses to the Amended Complaint, and for such would show unto the Court the following, to-wit:

ANSWER

1. All allegations contained in paragraph I of the Amended Complaint are admitted, except it is denied that the said temporarily resides at , , Mississippi, but rather the Defendant would show that (s)he is a permanent resident of said address.

2. All allegations contained in paragraph II of the Amended Complaint are admitted.

3. All allegations contained in paragraph III of the Amended Complaint are denied, except it is expressly show to sub-paragraph of the Amended Complaint are denied in .

4. All allegations contained in paragraph VI of the Amended Complaint are denied. The Defendant would affirmatively show that he is residing in the residence of the parties and is currently furnishing a roof for the Plaintiff and their children, while paying all groceries, utilities for said family unit, and is as always furnishing the necessities of life for the minor children of the parties, thereby making the allegation of the Plaintiff concerning dire and necessitous circumstances to be ludicrous and frivolous. That, the Defendant would show that the Plaintiff is in no dire and necessitous circumstances.

5. It is expressly denied that the Plaintiff is entitled to any relief whatsoever.

COUNTER COMPLAINT FOR DIVORCE

AND NOW having fully answered the Amended Complaint for Divorce exhibited against him, the Defendant would set forth this his/her Counter Complaint for Divorce, and for such would show unto the Court the following, to-wit:

1. All allegations contained in paragraphs I and II of the Amended Complaint are adopted in the Counter Complaint for Divorce as if fully copied herein, with the exception that the Defendant would show that he resides at on a permanent basis.

2. and inhuman treatment, and the Defendant believes that (s)he is entitled to a divorce of and from the Plaintiff on the grounds of habitual cruel and inhuman treatment as provided by Section 93-5-1, Mississippi Code of 1972 (Ann. Amend.). That, the Defendant would also allege as alternate grounds, that (s)he be entitled to a divorce on the grounds of irreconcilable differences as provided by Section 93-5-2, Mississippi Code 1972 (Ann. Amended.).

3. The Defendant would show that the Plaintiff has obtained a Masters Degree and is capable of earning and producing a substantial income and, in addition, the Plaintiff has put in his/her possession certain substantial assets of the parties which were accumulated during the joint efforts of the parties during the course of the marriage which should be returned to the Defendant most notably, the silver.

4. The Defendant would show that he be entitled to the following relief:

A. The permanent, exclusive, care, custody and control of the minor children of the parties, due to the erratic behavioral patterns of the Plaintiff together with a reasonable amount of money in child support to be paid by the Plaintiff to the Defendant each month while requiring her to provide for all reasonable costs of education expenses of said children; and,

B. Both temporary and permanent attorney's fees; and,

C. has removed from said domicile; and,

D. The permanent use, possession and control of the ; and,

E. The Plaintiff should be ordered and required to maintain in full force and effect a comprehensive policy of health, hospital and dental insurance for the benefit of the minor children, plus be required as and when due, all doctor, hospital, dental, psychological and drug expenses of the minor children which are not covered by insurance; and,

F. Plaintiff should be required to maintain an adequate amount of life insurance on her life, naming the children as beneficiaries thereon; and,

G. Defendant should be entitled to and should be allowed to share in the benefits of equitable ownership of all assets accumulated by Plaintiff in the course of their marriage; and,

H. Plaintiff should be ordered and required to pay as and when due all outstanding debts incurred by the parties during the course of their marriage through the final hearing including, but not limited to, the mortgage, taxes and insurance on the marital domicile, all credit card accounts and the notes on all automobiles.

5. The Defendant would show that within the last () months, the Plaintiff's conduct has become bazaar and erratic thereby effecting her abilities as a mother and parent and that it would be in the best interest of the minor children of the parties for the temporary custody of said children to several months, has conducted bazaar hours of coming and going and has, on most nights, abandoned the children and Defendant in the marital domicile and has remained gone from the marital domicile for long periods of time at night, thereby making it necessary for the temporary custody of the minor children to be placed with the Defendant rather than being placed with the Plaintiff for the best interest of the children. That, during the pendency of this litigation, the Plaintiff should be ordered to pay unto the Defendant temporary child support along with temporary attorney's fees and all cost of court incurred herein.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court, after a full and complete hearing, would dismiss the Amended Complaint for Divorce exhibited against him and assess a reasonable attorney's fee and all costs of court against the Plaintiff. That, the Defendant would pray that this Court would award him a divorce of and from the Plaintiff on the grounds of habitual cruel and inhuman treatment, or in the alternative, on the grounds of irreconcilable differences and award him the full and complete care, custody and control, both on a permanent and temporary basis, of the minor children of the parties. The Defendant would pray that this Court would award unto him/her the temporary and permanent use, possession and occupancy of the marital domicile of the parties, along with all the fixtures, furnishings and appliances located therein. The Defendant would further pray that this Court would require the Children of the parties, and further require the Plaintiff to pay any and all doctor and drug bills of the minor children not covered by insurance. The Defendant prays that the Plaintiff be required to maintain a policy of life insurance on his/her life with the minor children being beneficiaries thereon; and further require the Plaintiff to pay any and all debts and bills of the parties that were accumulated during the course of their marriage. The Defendant prays that this Court would have a temporary hearing to adjudicate that it would be in the best interest of the minor children of the parties to be placed in the complete custody of the Defendant until such time as this case can be heard; and further allow the Defendant the use and possession of the marital domicile until such time as this case can be heard.

If your Defendant has prayed for wrong, improper or insufficient relief, then he now prays for such other relief, either general or special to which he may be entitled to in a court of equity.

Respectfully submitted,

STATE OF MISSISSIPPI

COUNTY OF

PERSONALLY came before me, the undersigned authority in and for the jurisdiction aforesaid, the within named, , who after being by me first duly sworn on his/her oath stated that each and every allegation in the above and foregoing Answer to Amended Complaint and Counter Complaint for Divorce is true and correct, and that the cause or causes for divorce stated in said Amended Complaint is also true as alleged, and that the above and foregoing as the same relates to the charge of habitual cruel and inhuman treatment is not filed by collusion with the Plaintiff for the purpose of obtaining a divorce, but the said cause for divorce set out is .

SUBSCRIBED AND SWORN BEFORE ME this day of , 20.

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI

PLAINTIFF

VS. CIVIL ACTION NO.

DEFENDANT

AFFIDAVIT

I, , do hereby solemnly swear and affirm as follows, to-wit:

1. That I am desirous in the above referenced cause, for a court to adjudicate that a divorce be granted to the parties on the grounds of irreconcilable differences, and further swear that the parties have attempted to reconcile their property divisions and child custody matters to no avail, and request that this court, upon acting on this affidavit, grant unto the said all relief prayed for in his Counter Complaint for Divorce.

SWORN TO AND SUBSCRIBED before me, this the day of , 20.