Appearing pro se, my boyfriend has to workup the paperwork himself. I have the basic format and most of the wording. However, in addition to the answers, can he also list “defenses”. I was doing some research and saw a form where the person listed their answers and then after that, did a list of “defenses”. This is for an AOA/CC claim. And then at the bottom, they state “now therefore, defendant prays that this case be dismissed” … can he do this as well or does he just need to answer the complaint, line by line and submit to the courts and wait to see what happens?
Yes, he can and should include his affirmative defenses in his Answer.
Can he write this at the bottom of the answers or should it be left off?
“Therefore, defendant prays that this case be dismissed” or should “due to … lack of evidence” or something of that nature be added? Or just leave it off entirely?
He can ask for the case to be dismissed, but the grounds would not be for lack of evidence. There is a list of grounds for dismissal in rule 12 (b) of the North Carolina rules of civil procedure.
Thank you. One final question. One of his defenses against AOA is the fact that my STBX had an affair and I was told (by her) that she was pregnant by him. Of course I told this information to my current boyfriend. As one of his defenses in the answer to complaint, can he state that the affair and impregnation was cause of the marriage’s demise (along with abuse) and the mistress shall be named and photographic proof presented at trial?
He should simply deny that he alienated your affections, the reasons why should be saved for trial.
Thank you so much. The reason I ask is that we are trying to get this dropped. I certainly don’t want to “threaten” him and truth be told, I don’t necessarily want to name his mistress in these answers as it would then be matter of public record. However, I do want to “shake him” a bit and was thinking perhaps the above wording might serve that purpose and cause him to drop this silly suit that . Additionally, when my attorney responded to interrogatories after my STBX was served with Divorce from Bed And Board, he also stated that the “Defendant had an adulterous affair with party to be named at trial”. This went a long way in negotiating custody. Can we not do the same with the answers here or is that “against protocol”? Would they still accept the answers and make it matter of public record?
Yes, you can include your allegations in the Complaint, but it is not necessary.
Ok great. Thank you very, very much!!
You are welcome, I wish you the best.