Instructions for Answer and Counterclaim Without Minor Children
Instructions for Answer and Counterclaim
Without Minor Children
***This form may be completed by the Defendant in a divorce action***
An Answer is a written response by the Defendant to the Complaint to protect the Defendant’s
rights. A Counterclaim is the way a Defendant informs the court and the Plaintiff that he or she also
wants a divorce and upon what grounds. It tells the Plaintiff (and the court) what the Defendant is
asking for and why. If the Defendant files an Answer and Counterclaim, he/she must file the Answer
and Counterclaim with the Clerk of Courts and serve it on the Plaintiff within 30 days after Defendant
is served with the Summons and Complaint. Service of the Answer and Counterclaim may be made by
mail. If an Answer is not filed, the court may grant the Plaintiff everything requested in the Complaint
and the judge will enter a decree of divorce in default. The Defendant is not required to file an
Answer and Counterclaim if he or she agrees with everything the Complaint.
• Complete the top portion of the Answer (the “caption”) just as it appears in the Summons and
Complaint.
• Answer or complete paragraphs 1-4. You must respond to each and every paragraph of the
Complaint for Divorce. (You must Admit, Deny, Partially Admit or Deny, or state you
Do Not Have Enough Information to Answer.)
• Complete the “Counterclaim” section:
1. Fill in the name of the county in which you reside.
2. Fill in the name of the county in which your spouse resides.
3. Fill in the information regarding the date of your marriage.
4. Check the appropriate grounds for divorce in the event that you and your spouse do not
agree to the use of irreconcilable differences. Please understand that seeking a
divorce for other than irreconcilable differences is likely to result in a contested
divorce which is both costly and complex. In those circumstances, you are strongly
advised to meet with and hire an attorney to fully protect your interests. You are
not required to check other grounds for divorce.
5. You do not need to write anything for this paragraph. However, if you and your spouse
have minor children or if one of you is pregnant, this is not the correct form for you to
use. Use the form specifically for an Answer and Counterclaim With Minor Children.
6. You do not need to write anything for this paragraph. It tells the court that you and
your spouse own property and have debts which need to be divided.
7. You do not need to write anything for this paragraph. It tells the court that you and
your spouse own property and have debts which need to be divided.
● Answer or complete the last four paragraphs which tell the court what you are asking for in the
divorce:
Form UJS-316 Rev. 01/09
Page 1/6
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