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 11 PLAINTIFF, ANSWER AND COUNTERCLAIM V. 12 ________________________, 13 DEFENDANT, 14 ___________________________________/ 15 _________________________, 16 17 18 19 20 21 22 COUNTERCLAIMANT, V. _________________________, COUNTERDEFENDANT. ___________________________________/ COMES NOW Defendant ______________________, in pro per, and hereby answers the Complaint 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 ____________________________________________________________________________________ American LegalNet, Inc. www.USCourtForms.com 1 3. Defendant lacks sufficient information or belief to either admit or deny the allegations of the 2 following paragraphs: __________________________________________________________________ 3 COUNTERCLAIM 4 5 COMES NOW _______________________________________ (name), the Counterclaimant/ Defendant (hereinafter “Counterclaimant”) and alleges and claims relief as follows: 6 7 1. That ______________________________ is now, and for more than six weeks preceding the commencement of this action has been, an actual, bona fide resident of the State of Nevada. 8 9 2. Counterclaimant and Counterdefendant were married on (date of marriage) in _____________ ___________________________ (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 community 12 13 14 15 property which was acquired has already been distributed between the parties. ____ 5. That the parties have certain community and separate property which should be divided as follows: 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 25 26 or said debts have already been divided between the parties. ____ 7. That the parties have certain community or separate property debts, which, if the property is divided as alleged above, should be divided as follows: -2- American LegalNet, Inc. www.USCourtForms.com 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. Counterdefendant 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 ____ 12 ____ 10. That spousal support should be awarded in the amount of $___________________ to 13 14 Counterclaimant. ____ 15 16 9. That no spousal support should be awarded at this time. 11. That the parties do not have any minor children born of this marriage and that __________________ (wife’s name) is not pregnant now to the best of her knowledge. ____ 12. That Counterclaimant and Counterdefendant have ________ minor children who are the issue 17 born of this marriage, born before or during this marriage, have ____ adopted children and 18 _________________ (wife’s name) is not now pregnant to the best of her knowledge. 19 ____ 13. The children of this marriage are: 20 NAME DATE OF BIRTH AGE 21 ____________________________ ________________ _____ 22 ____________________________ ________________ _____ 23 ____________________________ ________________ _____ 24 ____________________________ ________________ _____ 25 /// 26 /// -3- American LegalNet, Inc. www.USCourtForms.com 1 _____ 14. That the above-said minor child(ren) have resided at: ________________________________ 9 Counterclaimant 9 Counterdefendant, 9 both parties since ______________________. 2 with 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: 9 Counterclaimant 9 Counterdefendant 9 both parties. 11 12 ____ 16. That it is in the best interest of the minor child(ren) that physical custody be awarded to: 9 Counterclaimant 9 Counterdefendant 9 both parties. 13 14 ____ 17. That it is in the best interest of the minor child(ren) that visitation be awarded to 15 9 Counterclaimant 9 Counterdefendant as follows: ___________________________________ 16 _______________________________________________________________________________ 17 ______________________________________________________________________________ 18 ______________________________________________________________________________ 19 ______________________________________________________________________________ 20 ____ 21 22 18. That prior to moving out of the State of Nevada, the custodial parent must obtain written permission from the non-custodial parent, or leave of this Court. ____ 19. That 9 Counterclaimant 9 Counterdefendant should be ordered to pay child support in the 23 statutory amount and to pay one-half of all non-reimbursed medical expenses incurred for the benefit 24 of the minor child(ren). 25 ____ 26 20. That Counterclaimant’s former name be restored to her, to wit: ___________________________ /// -4- American LegalNet, Inc. www.USCourtForms.com 1 WHEREFORE, Counterclaimant prays for relief as follows: 2 1. That Plaintiff take nothing by way of his/her Complaint for Divorce. 3 2. That he/she be granted a Decree of Divorce, forever dissolving the bonds of matrimony now and 4 heretofore existing between the parties, and restoring to each party the status of single, unmarried 5 persons. 6 ____ 3. That there is no community property or debts to be divided by this court. 7 ____ 8 ____ 5. That ______________________ be ordered to pay spousal support. 9 ___ 6. That legal custody of the minor child(ren) be awarded to: 9 Counterclaimant 9 Counterdefendant 9 both parties. 10 11 4. That the property and debts of the parties shall be divided as alleged above. ____ 7. That physical custody of the minor child(ren) be awarded to: 9 Counterclaimant 13 ____ 9 Counterdefendant 9 both parties. 8. That visitation be ordered to 9 Counterclaimant 9 Counterdefendant as set forth above. 14 ____ 9. That the Court enter an appropriate order, consistent with Chapters 125 and 125B of the Nevada 12 15 16 Revised Statutes, for the support of the minor child(ren). ____ 10. That Counterclaimant’s maiden name be restored to her, to wit: ________________________ 17 ___________________________. 18 11. For costs of suit incurred. 19 12. For such other and further relief as the Court deems just and proper. 20 DATED this _______ day of ______________, 20_____. 21 22 23 24 25 26 ___________________________________ Name: _____________________________ Address: ___________________________ ___________________________ Phone No.:__________________________ 9 Counterclaimant 9 Counterdefendant -5- American LegalNet, Inc. www.USCourtForms.com 1 2 CERTIFICATE OF SERVICE I hereby certify that I am the 9 Plaintiff/Counterdefendant 9 Defendant/Counterclaimant, and that 3 on this date, pursuant to NRCP 5(b), I deposited in the United States mail at Elko, Nevada, a true and correct 4 copy of the ANSWER AND COUNTERCLAIM addressed to: 5 NAME AND ADDRESS OF OPPOSING PARTY 6 ________________________________________ 7 ________________________________________ 8 ________________________________________ 9 10 DATED this _________ day of ____________________, 20_____. 11 12 13 ___________________________________ Signature 14 STATE OF NEVADA 15 COUNTY OF ELKO 16 On this _______day of ___________________, 20____, personally appeared before me, the undersigned, a Notary Public in and for said County and State, ________________________ known to me to be the person described in and who executed the above and foregoing Answer and Counterclaim, who acknowledged to me that ___________ executed the same freely and voluntarily and for the uses and purposes therein mentioned. 17 18 19 ) ) ss. ) WITNESS my hand and official seal the day and year above-written. 20 21 _________________________________ Notary Public 22 23 24 25 26 -6- American LegalNet, Inc. www.USCourtForms.com