Vermont Notice Of Appearance, Answer To The Divorce Complaint, And Counterclaim

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.

Once the divorce papers have been served in compliance with the notice and service requirements of the state, the person who is served is then tasked with filing an answer. An answer is essentially what it sounds like: a chance for the respondent to begin to explain their side of the story and ask for legal relief.

(a) A defendant may file an answer with the reviewing official and the Office of Hearings and Appeals within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.

When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

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.

Mail or physically take your written response to the clerk of courts in the county where your spouse filed the initial divorce petition. Check your state's and county's requirements, as you may need to file additional forms such as a financial disclosure form when you file your written response.

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.