Ohio > County (Court Of Common Pleas) > Cuyahoga > Domestic Relations
Answer And Counterclaim - Ohio
| Answer And Counterclaim Form. This is a Ohio form and can be used in Domestic Relations Cuyahoga County (Court Of Common Pleas) . |
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INSTRUCTION FOR COMPLETING AND FILING THE ANSWER AND COUNTERCLAIM Caption: Fill in your spouse's name as "Plaintiff", your spouse's address and the number of your spouse's marriages (including this marriage). Fill in your name as "Defendant", your address and the number of your marriages (including this marriage). Fill in the Case Number and Judge that appear on the Complaint. ANSWER Paragraphs 1 through 7: State whether you "admit" or "deny" each paragraph of the Complaint by marking the appropriate box for each numbered paragraph corresponding to the paragraphs numbered in the Complaint. COUNTERCLAIM Paragraph 1: You must have been a resident of the State of Ohio for six months prior to filing your Counterclaim. You must also have been a resident of Cuyahoga County for 90 days prior to filing your Counterclaim unless an exception applies (See Ohio Civil Rule 3 for exceptions to this rule). Paragraph 2: Fill in the date you were married, and the City and State where you were married. Paragraph 3: Fill in the number of children you and your spouse have together, the name(s) and date(s) of birth of each child, and whether the wife is pregnant. Paragraph 4: Check each of the reasons (called "grounds") why you want a divorce. Only select the ones you can prove. A commonly used ground is "Living Separate and Apart". "Incompatibility" is only a ground for divorce if your spouse does not deny it. Paragraph 5: Check whether you and your spouse own real property, and, if so list the addresses. Paragraph 6: Check whether you and your spouse have already divided personal property (including financial accounts) accumulated during the marriage. List personal property not already divided. Paragraph 7: Check whether you and your spouse have marital debts, and if so list them. Relief: Signature: Check each box indicating the relief you seek. Sign the Answer and Counterclaim, and provide a current address and daytime phone number. FILING THE ANSWER AND COUNTERCLAIM File the Answer and Counterclaim with the Clerk of Court located on the first floor of the Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113-1664. If there are minor children of the marriage you must also file a Parenting Proceeding Affidavit. You will be required to pay a "filing fee" to the Clerk of Court when you file your Answer and Counterclaim. Please refer to Rule 1 of this Court's Local Rules for the correct amount. CERTIFICATE OF SERVICE You must mail a copy of the Answer and Counterclaim to the other party (or his/her lawyer if he/she has one). To certify that you have done so, complete the Certificate of Service following the Answer and Counterclaim. Fill in the name and address in the spaces provided, and sign the Certificate. DR0706102 Answer and Counterclaim American LegalNet, Inc. www.FormsWorkFlow.com COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ________________________________________ PLAINTIFF ________________________________________ ADDRESS ________________________________________ CITY, STATE, ZIP CODE NUMBER OF THIS MARRIAGE____________ : vs ________________________________________ DEFENDANT ________________________________________ ADDRESS ________________________________________ CITY, STATE, ZIP CODE NUMBER OF THIS MARRIAGE ___________ : : : ANSWER AND COUNTERCLAIM JUDGE _________________________________ : : : : CASE NO. _______________________________ : Now comes Defendant and states the following as his/her Answer and Counterclaim to Plaintiff's Complaint: ANSWER 1. Defendant 2. Defendant 3. Defendant 4. Defendant 5. Defendant 6. Defendant 7. Defendant admits admits admits admits admits admits admits denies the allegation contained in paragraph one of Plaintiff's Complaint. denies the allegation contained in paragraph two of Plaintiff's Complaint. denies the allegation contained in paragraph three of Plaintiff's Complaint. denies the allegation contained in paragraph four of Plaintiff's Complaint. denies the allegation contained in paragraph five of Plaintiff's Complaint. denies the allegation contained in paragraph six of Plaintiff's Complaint. denies the allegation contained in paragraph seven of Plaintiff's Complaint. COUNTERCLAIM 1. Defendant has been a resident of the State of Ohio for at least six (6) months and a resident of Cuyahoga County for more than ninety (90) days immediately prior to filing the Complaint. DR0706102 Answer and Counterclaim American LegalNet, Inc. www.FormsWorkFlow.com 2. Plaintiff and Defendant were married on ____________, in ____________________, __________. 3. There is/are ________child(ren) born as issue of this marriage, whose name(s) and date(s) of birth is/are as follows: ______________________ (DOB ____________) ______________________ (DOB ____________) ______________________ (DOB ____________) and the wife is is not pregnant. 4. Defendant seeks a divorce on the following ground(s): Plaintiff and Defendant have lived separate and apart without interruption and without cohabitation for at least one year. Plaintiff and Defendant are incompatible. Plaintiff has been guilty of the following: Gross Neglect of Duty Extreme Cruelty Adultery Bigamy Habitual Drunkenness Willful Absence of one year or more Imprisonment at the time of filing of the Counterclaim Fraudulent Marriage Contract 5. Plaintiff and Defendant do not own any real property own real property located at: ____________________________________________________________ ____________________________________________________________ 6. Plaintiff and Defendant have acquired certain personal property during the marriage. This property has been divided. The following property has not been divided ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 7. Plaintiff and Defendant have no debts have the following debts: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ WHEREFORE, Defendant asks that Plaintiff's Complaint be dismissed, that he/she be granted a divorce from the Plaintiff, and that he/she be granted the following relief: Allocation of parental rights and responsibilities or DR0706102 Answer and Coun
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