When you are served with a Complaint for Divorce, the next step is to file an Answer and Counterclaim. Pursuant to Nevada Rule of Civil Procedure § 12 (a)(1)(A)(i), the Answer and Counterclaim must be filed with twenty-one (21) days of service of the Complaint for Divorce unless an agreement is reached otherwise or a Court Order is obtained to extend the time to file a response.
A Complaint for Divorce is explained in more detail on earlier blogs, it is the initial filing in a divorce setting for basic information and requests for relief from the Court. Each piece of basic information and requests for relief is listed in paragraph form in the Complaint for Divorce.
A Complaint for Divorce can be very basic and contain paragraphs which are very generic. An example of the language which may be included in a paragraph is, “The Parties have community property which should be divided by the Court.” The other option is a specific paragraph. Using the same example, the Complaint for Divorce would list each and every asset including the proposed manner in which the assets should be divided between the Plaintiff and Defendant.
A specific Complaint for Divorce is extremely important if the Plaintiff believes that the Defendant cannot be located or will not respond.
The Answer and Counterclaim can be broken into two subparts- 1. the answer, and 2. the counterclaim.
The Answer responds to the Complaint for Divorce. The Answer responds to each and ever paragraph in the Complaint for Divorce. Generally, when responding in the Answer the Defendant either admits or denies the allegations.
As an example-
Complaint:
1. The Plaintiff has been a resident for six weeks prior to the filing of the Complaint for Divorce.
Answer:
The Defendant admits the allegations set forth in paragraph 1 of the Complaint for Divorce.
There should be an answer provided for each paragraph set forth in the Complaint for Divorce. If the Defendant cannot admit or deny a claim in the Complaint, the response to that paragraph is “The Defendant can neither admit or deny the allegation set for in paragraph ___ of the Complaint for Divorce.
The Counterclaim is almost exactly the same as the Complaint for Divorce. The Counterclaim outlines the basic information and requests for relief from the Court. Each piece of basic information and requests for relief is listed in paragraph form in the Counterclaim.
