Idaho > Statewide > District Court > Family Law
Answer And Counterclaim (With Minor Children) CAO 3-3 - Idaho
| Answer And Counterclaim (With Minor Children) Form. This is a Idaho form and can be used in Family Law District Court Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
COMPLETING FORM CAO 3-3: FAMILY CASE ANSWER AND COUNTERCLAIM [With Minor Child/ren] 10/2003 [REMOVE THESE INSTRUCTION PAGES BEFORE FILING] Talk to an Attorney, if Possible These instructions are not a substitute for legal advice. The laws and court rules are complex and following these instructions will not guarantee you a favorable resu lt. We always recommend you talk to a lawyer about your problem before filing your legal paperwork. Even if you do not hire a lawyer to represent you throughout the proceeding, a lawyer can look over your paperwork, give you advice on how to present your evidence, and tell you whether this type of action is right for you. The Idaho State Bar Lawyer Referral Se rvice (208-334-4500) can give you the name of an attorney in your area who will provide a one-half hour consultation for $35. There are limited free legal services available to low income peop le. Contact the Court Assistance Office for information about resources for low-income people. When you represent yourself in a court case, you are held to the same standard of legal kno wledge as an attorney. This applies to the preparation of paperwork and your conduct at all hea rings and/or at trial. YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE DIVORCE ANSWER AND COUNTERCLAIM, KNOW THE CONTENTS AND BELIEVE THE CONTENTS TO BE TRUE. TO AVOID MAKING ANY MISSTATEMENTS, BE SURE TO READ THE ENTIRE COMPLETED FORM AND EVERY INSTRUCTION. You may be responding to (answering) a Complaint, Petition, Countercla im, Motion to Modify or a document with some other name. The procedure for responding is the sa me. To simplify these instructions, we will use the term Complaint in referring to the document you are answering. Before you begin: Use this form only if you disagree with the division o f property and debts, the support calculations or the parenting schedule proposed by your spouse i n the Complaint. Note: If you want the court to order different grounds for the divorce or if y ou want to request spousal maintenance (alimony), you should contact an attorney. Becaus e of their complexity, the Court Assistance Office forms do not deal with these issues and poss ibly others you may want to discuss with an attorney. Instructions Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a computer, you may delete the optional sections you dont need and ren umber the remaining sections, or type in none if a section doesnt apply. Option al sections are shown with a boldface or. If the section does not contain a boldface or it is necessary and you should type in the appropriate information (which might be the word none ). Always keep a copy of the completed form for your records. At the top left-hand corner of page 1, fill in your legal name, mailing address and telephone number. The Court Heading. Fill in the county and judicial district in the head ing (for example, In the Dis trict Court of the Fourth J udicial Dis trict in and for the County of Ada) as they appear on the Complaint that you were served. Family Case ANSWER AND COUNTERCLAIM PAGE 1 CAO 3-3 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 2 The Caption. Fill in your full legal name in the caption above Defendant and fill in your spouses full legal name above Plaintiff, exactly as they app ear on the Complaint. The Case No. Write in the case number shown on the Complaint. Note: The court heading, caption and case number will be the same on all docum ents you prepare for this case. Completing the ANSWER Portion of the Form: Review the complaint carefully. You must admit or deny each paragraph i n the Complaint individually. If you can only admit some of the facts in any paragraph, you must state specifically which facts you admit and which facts you deny. Paragraph 1: Decide which specific numbered paragraphs of the Complaint you completely agree with. Fill in those paragraph numbers, letters, or roman numerals , (as used in the Complaint). If you can only admit some of the facts in any paragraph, you must state specifically which facts you admit. State the paragraph number, letter or roman numeral and list the facts you admit. Paragraph 2: Decide which specific paragraphs of the Complaint you compl etely disagree with. Fill in those paragraph numbers, letters, or roman numerals, (as used i n the Complaint). If you only deny some of the facts in any paragraph, you must state specifically which facts you deny. State the paragraph number, letter or roman numeral and list the facts you deny. Paragraph 3: Decide which paragraphs of the Complaint you have too littl e information or knowledge to evaluate. Fill in those paragraph numbers, letters, or roman numerals, (as used in the Complaint). If the information is something you can easily find ou t, you should try to find out before you deny it. Paragraph 4: This is a general denial of any statements made in the Comp laint that you did not specifically deny. There is a prayer portion of the Complaint that you do not have to specifically answer. It usually starts with Wherefore Plaintiff prays for judgment as follows: Y ou do not have to answer any of the numbered paragraphs in the prayer of the Complaint. Completing the COUNTERCLAIM Portion of the Form: NOTE: In the Counterclaim section of the document, you are still the De fendant in this action, but you may also be referred to as the Counterclaimant and your spouse, the Plaintiff, may be referred to as the Counterdefendant. 1. Residence of the Parties. Fill in the state where you live and the state where your spouse lives. Check the box if you have resided in the State of Idaho for at least six weeks prior to the date you will file the Counterclaim. 2. Marriage of Parties. Fill in the city and state (or country if you were married outside the USA) and the month, day and year of your marriage. 3. Grounds for Divorce. This paragraph states the reason for the divor ce is irreconcilable Family Case ANSWER AND COUNTERCLAIM PAGE 2 CAO 3-3 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 3 differences. If you want to state other grounds for the divorce, you sh ould talk to an attorney. 4. Minor Child/ren of the Parties. Fill in the name and date of birth for each minor child and the city and state where each child has lived for the last five years. WARN ING: If any of your children have not resided in Idaho for at least six uninterrupted months before the filing of the Complaint (or for their entire live
|
|||||||
