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A counterclaim allows you to ask the court to resolve issues that your spouse failed to include in the complaint. For example, if your spouse failed to list all your rental properties in the divorce petition, you can ask the court to resolve these issues in your counterclaim.
Overview of Divorce Process A court can grant your spouse everything asked for in the complaint if you don't respond. Responding by filing an answer or a counterclaim can preserve your rights in a divorce.A counterclaim allows you to ask the court to resolve issues that your spouse failed to include in the complaint.
The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements. Complete the top of the Answer to Counterclaim exactly as it appears in your, the Plaintiff's, complaint.
If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim.If you filed a motion, a hearing will be scheduled for the court to make a decision. After your motion is resolved (and assuming the case is not dismissed), the case will move forward from there.
Fill out a Statement of Defence form (PDF, 0.01 MB). If you also want to file a counterclaim fill out these forms: Make 2 copies of your filled-out forms. File your forms at the Court of Queen's Bench.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. Answer with a Counterclaim.
For example, if your thesis says, Everyone should eat chocolate ice cream, then your counterclaim might be, Some people are allergic to chocolate.