I’m certain there used to be a complaint answer form/template somewhere on this forum, but now I cannot find it again. It mysteriously disappeared from the drive I saved it on…
Related to that, when I go to file an answer to a custody, child support, etc. case, is that the time to bring out all my printed evidence for whatever claims I am arguing against or new claims I am arguing for? Or will there be a time later on to provide the court with all that? I saw in the plaintiff’s complaint that he did not provide any evidence for certain claims, but says he will later “on the merits”. Thank you!
Here is the template for an Answer for Divorce or answer for any other civil complaint.
When you file your answer to the complaint, you will only file that document. All of your evidence will be presented at a trial or hearing date when you are in front of the judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks so much for that Ms. Ayscue! I’ve attended one hearing so far pro se before a judge having to do with child support and I was very pleased with the outcome. The judge seems reasonable. I got an extension to file my answer by the end of Feb. But here’s the thing, I have a pressing circumstance having to do with my home that I brought up briefly with the judge and he said that I would need to file a motion for the matter to be heard and a decision made about it. Is it ok for me to file said motion before I’ve filed my answer to the complaint? I may also have a question or two afterwards about the motion itself if you would be so kind. I have six minor kids going through a hell of a separation so any help to save me on atty’s fees would be super appreciated. Thank you!
Thank you!
Yes, you can file motions, schedule court dates, etc. prior to the time your answer and counterclaims are due.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.