Counterclaim


#1

If this is a divorce submittal after 1 yr and 1 day of separation, then he really can’t do anything to stop the divorce.

However, it doesn’t sound like you’ve made any claims toward Equitable Distribution…which is not a good thing. You say you didn’t ask for anything (kids, child support, alimony…) but now you want them since he is contesting? Do you have a separation agreement in place?

Sounds like you need to talk to a lawyer (and fast) or you may get divorced with no alimony OR equitable distribution. The child support and custody issues are separate from the divorce and ED. They can be addressed at any time. However, I advise you not using your kids as leverage (I will do this if you don’t do this…)It will come around and slap you in the end.


#2

thank you. Our divorce is not final. should have been till he threw the unexpected curveball. I earn more than him and just wanted 2 b free of him. now however, I filed a counterclaim in response 2 his answers and afidavant and am asking for child support,sole custody, alimony, immediate sale of family home. He is an addict and even if i ask for support, chances r i will never collect on it. Children should never b used as pawns.


#3

What is it exactly that he’s contesting to? He can not stop you from divorcing him…Was his answer to your divorce complaint a request for equitable distribution? Or is he contesting a date or fact in the papers?

I have to agree with needinganswers. It sounds at least to me as though you are now asking for all this because of whatever was put in the affidavit and his answer to your divorce claim. If you earn more than him then you can not get alimony so there’s no reason to even request it. He can request it though. In NC if either spouse makes more than the other a request for alimony can be submitted…

Child support and custody can be dealt with at any point until the children are 18. The way that you have worded this post makes this sound as though you were not intending to ask for primary custody until this came up…that looks to me as though YOU are using the children as pawns. If he has a history of abusing drugs then you should want to have primary custody for THAT reason, not because he is attempting to make things difficult for you. If he is making things difficult now he always will. You have children together so you will NEVER be completely free of him.


#4

If you only filed for divorce you can file a new complaint and ask the court to address those issues. You MUST address this issue before the divorce is granted or you will lose the right to ask the court to address those issues.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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#5

my husband is contesting our divorce. I asked for nothing in the original comlaint, but now since he’s contesting, I want child support, sole custody of kids, alimony, and sale of the marital home. How do I file a counterclaim or cross complaint?