How to answer a counter claim


#1

If you don’t repond to the equitable distribution claim a default judgment can be entered against you and your spouse may be awarded the relief they requested in the complaint.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

so how would i go about responding? How much time do i have to respond? is there a form i can get at the court house?


#3

You get thirty days from the day you were served to respond. If you file a request for extension of time you can get an additional thirty days to respond. The answer is not a form, rather you would type up a response that answers each specific allegation that is made by your spouse.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

so if there is nothing specific…
example “26. def incorporates paragraphs 14-25 above as if fully set out herein” (refers to stbx’s file of custody and child support which stbx was not granted.
27. during the parties’ marriage and before their date of sept, the acquired prop and debt that is marital within meaning of nc get stat 50-20, after the parties seperation they have acquired property and debt that is “divisible” within the meaning of nc 50-20
28. the parties are entitled to an equit. dist. of marital and divisible property and debt
29. factors exist persuant to nc gen stat 50-20 to justify an unequal distribution of marital and divisible prop and debt in favor of def. as equitable."

it seems that #26 kind of nullifies the rest since the custody did not go to stbx. isnt 27-29 based on the wording of 26 only applicable if stbx got custody of children?

the attorneys fees are the same, 30 mentions that the defendant incorporates paragraphs 14-29 above as if fully set out herein so since they weren’t set out and the stbx didnt get custody, the other numbers don’t matter?

its not like it said the defendant wants the house, cars, furniture or anything specific so am i ok and i just need to file my own ed?

30 days has more than past since i was given this response. I was never formally served, it was just mailed

Denny Crane

(sorry for the long post Helena, you kinda scared me with the 30 days thing and i just wanted to be exact ya know?)


#5

Sorry. Not trying to hog the board, just hadn’t heard an answer from my last post and wanted t bump it… "bump"
Denny Crane


#6

so a while back i sued for custody. the response from the stbx was to counter sue for custody, as well as child support, equit dist, and attorneys fees. we went to trial for custody, i was given full cust. i will be filing for ch support in the coming weeks. how am i to respond for the equit dist and attorneys fees claims? do i need to do anything? i dont want it to be like Brad Cooper (my thoughts of guilt aside) where he didnt answer a suit and it becomes an admission of guilt. if i dont answer the attorneys fees and the equit dist claim, how does that work?
Denny Crane