Answer And Counterclaim w- Instructions

1 CASE NO. _____________ 2 DEPT. NO. I 3 4 5 6 IN THE FOURTH JUDICIAL DISTRICT COURT 7 OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO 8 9 ________________________, 10 PLAINTIFF, ANSWER AN D COUNTERCLAIM11 V. 12 ________________________, 13 DEFENDANT, 14 ___________________________________/ 15 _________________________, 16 COUNTERCLAIMANT, 17 V. 18 _________________________, 19 COUNTERDEFENDANT. 20 ___________________________________/ 21 COMES NOW Defendant ______________________, in pro per, and hereby answers the Complaint22 for Divorce filed herein as follows: 23 1. Defendant admits the allegations of the following paragraphs: ______________________24 ________________________________________________________________________ ____________25 2. Defendant denies the following paragraphs: ________________________________________26 ________________________________________________________________________ ____________<<<<<<<<<********>>>>>>>>>>>>> 2 1 3. Defendant lacks sufficient information or belief to either admit or deny the allegations of the 2 following paragraphs: __________________________________________________________________ 3 COUNTERC LAIM 4 COMES NOW _______________________________________ (name), the Counterclaimant/ 5 Defendant (hereinafter Counterclaimant) and alleges and claims relief as follows: 6 1. That ______________________________ is now, and for more than six weeks preceding the 7 commencement of this action has been, an actual, bona fide resident of the State of Nevada. 8 2. Counterclaimant and Counterdefendant were married on (date of marriage) in _____________ 9 ___________________________ (city and state). 10 3. That the parties are incompatible in their marriage and that Counterclaimant desires a divorce.11 ____ 4. That the parties have not acquired any community property during the marriage or the community12 property which was acquired has already been distributed between the parties.13 ____ 5. That the parties have certain community and separate property which should be divided as14 follows: 15 A. Counterclaimant should be awarded the following as his/her sole and separate property:16 ________________________________________________________________________17 _________________________________________________________________________18 ________________________________________________________________________19 B. Counterdefendant should be awarded the following as his/her sole and separate property: 20 ________________________________________________________________________21 ________________________________________________________________________22 ________________________________________________________________________23 ____ 6. The parties do not have any community or separate debts which must be divided between them,24 or said debts have already been divided between the parties.25 ____ 7. That the parties have certain community or separate property debts, which, if the property is26 divided as alleged above, should be divided as follows: - 2 -<<<<<<<<<********>>>>>>>>>>>>> 3 1 A. Counterclaimant should be ordered to assume and pay for the following debts and 2 obligations, and to hold counterdefendant free and harmless from same: 3 ________________________________________________________________________ 4 _________________________________________________________________________ 5 ________________________________________________________________________ 6 B. Counterclaimant should be ordered to assume and pay for the following debts and 7 obligations, and to hold counterdefendant free and harmless from same: 8 ________________________________________________________________________ 9 ________________________________________________________________________ 10 ____ 8. That Counterclaimant waives his/her right to spousal support. 11 ____ 9. That no spousal support should be awarded at this time. 12 ____ 10. That spousal support should be awarded in the amount of $___________________ to 13 Counterclaimant. 14 ____ 11. That the parties do not have any minor children born of this marriage and that 15 __________________ (wifes name) is not pregnant now to the best of her knowledge. 16 ____ 12. That Counterclaimant and Counterdefendant have ________ minor children who are the issue17 born of this marriage, born before or during this marriage, have ____ adopted children and 18 _________________ (wifes name) is not now pregnant to the best of her knowledge. 19 ____ 13. The children of this marriage are: 20 NAME DATE OF BIRTH AGE21 ____________________________ ________________ _____22 ____________________________ ________________ _____23 ____________________________ ________________ _____24 ____________________________ ________________ _____25 /// 26 /// - 3 - <<<<<<<<<********>>>>>>>>>>>>> 4 1 _____ 14. That the above-said minor child(ren) have resided at: ________________________________ 2 with 9 Counterclaimant 9 Counterdefendant, 9 both parties since ______________________. 3 That there are no non-parental persons who have custodial care of the minor child(ren). That except 4 for _________________________ (case name and number), neither party has participated as a party, 5 witness, or in any other capacity in any litigation concerning the custody of the minor child(ren) in 6 this or any other state. There are no other custody proceedings concerning the minor child(ren) 7 pending in a court of this or any other state. That there is no other person not a party to this action 8 who has physical custody of said minor child or claims to have custody or visitation rights with 9 respect to him/her/them. 10 _____ 15. That it is in the best interest of the minor child(ren) that legal custody be awarded to: 11 9 Counterclaimant 9 Counterdefendant 9 both parties. 12 ____ 16. That it is in the best interest of the minor child(ren) that physical custody be awarded to: 13 9 Counterclaimant 9 Counterdefendant 9 both parties. 14 ____ 17. That it is in the best interest of the minor child(ren) that visitation be awarded to15 9 Counterclaimant 9 Counterdefendant as follows: ___________________________________16 _______________________________________________________________________________17 ______________________________________________________________________________18 ______________________________________________________________________________19 ______________________________________________________________________________20 ____ 18. That prior to moving out of the