Counterclaim to Absolute Divorce


#1

My ex filed a counterclaim for alimony, child custody and child support to my complaint for absolute divorce. In her counterclaim she asked for the disolution of the marriage. Will they go ahead and grant my divorce on the day I have court (which is in May) and assign a court date for the remaining issues? Should I have an attorney present with me on that day or just let the judge no that I plan on hiring an attorney to handle the other issues.


#2

The divorce can and will be granted on the date set and the other matters set for hearing at a later date. It is not necessary that you have an attorney present for the divorce hearing but I do recommend you retain a lawyer to represent you on the issue of child custody child support and alimony.


#3

But you do believe that they will not try and hear anything other than the divorce and nothing on her counterclaim on that date? Will anything be asked of me with regard to the counterclaim on that date and should I inform the judge I have retained an attorney to help with the remaining issues? Since they have given me a court date the next step is filing a notice of hearing and serving my ex through her attorney plus preparing the judgment for court? Is that all I need to do?


#4

In order for any matter to be heard you must be sent notice. If the hearing is set only for the matter of divorce no other issues will be heard at that time, and the counterclaim will not be addressed. Your ex was required to include her claim for alimony in her answer and counter claim or she would have lost the right to pursue alimony.
The matters of child custody and child support will also have to be noticed for hearing, and will not take place on the date set for the divorce.
If you have hired an attorney I suggest you let him or her prepare your notice of hearing and the divorce judgment to ensure the paperwork is filed out correctly and the notice requirements particular to your county have been met.