After a year of separation husband filed for absolute divorce. I counterclaimed asking for alimony, equitable distribution and attorney fees. His lawyer answered and asked for these claims to be dismissed due to me not stating “The Defendant has failed to state a claim upon which relief can be granted for the Defendant’s Counterclaim does not contain a request for relief.” My answer explicitly lists all three claims for relief. I can’t afford a lawyer. What did I miss? Is this a scare tactic? The hearing is coming up. If judge dismisses my claims will absolute divorce be given the same day?
It sounds like his lawyer believes that you did not properly plead the claims for alimony, equitable distribution, and attorney’s fees.
Use our sample court complaint (Court Complaint for Custody, Support, Alimony and Property Division) to see the allegations that need to be made for these claims. You may be able to ask the court for time to file an amended counterclaim.
Note that attorney’s fees are not allowed for equitable distribution. And if you do not have an attorney, you would have no claim for attorney’s fees for alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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