answer & counterclaim

noun

an•swer & count•er•claim

The "Not so fast!" response to a divorce complaint. The Answer addresses the claims made against you, and the Counterclaim lets you lay out your own demands. At Gavvl, we’ll help you craft the perfect comeback—clear, strong, and stress-free.

Ready to Get Started?

Use our Marriage Termination Fee Estimator to Find the Right Service and Get Started

A Complaint for Divorce is the legal document filed with the court to start the divorce process. It outlines the reasons for the divorce and requests the court to address key issues like property division, spousal support, child custody, and child support. Filing this complaint formally notifies the other spouse and begins the process of legally ending the marriage.

An Answer and Counterclaim is a legal response filed by the defendant in a divorce case. The Answer addresses the claims made in the plaintiff’s complaint, admitting or denying each one. The Counterclaim allows the defendant to raise their own requests, such as property division or custody arrangements, for the court to consider. If Temporary Orders Have Been Filed: The defendant typically has 14 days (in Ohio) from the service of the temporary orders to file their Answer and Counterclaim. If No Temporary Orders Have Been Filed: The defendant generally has 28 days (in Ohio) from the service of the divorce complaint to respond. .Filing an Answer and Counterclaim within the required timeframe ensures the defendant’s voice is heard, and both parties’ issues are addressed in the case.

In Ohio, property is divided through equitable distribution, which means assets and debts are divided fairly, though not necessarily equally. The court considers factors like the length of the marriage, each spouse’s financial situation, and contributions to the marriage when making decisions. Equitable distribution applies to all marital property, which includes assets and debts acquired during the marriage. Separate property, such as pre-marital assets or inheritances, typically remains with the original owner. Filing for divorce ensures that property division is handled legally and fairly.

In Ohio, spousal support (alimony) is determined based on what is fair and reasonable for both parties. The court considers factors such as the length of the marriage, each spouse’s income and earning ability, age, health, education, and contributions to the marriage. Spousal support is not automatically awarded and is decided on a case-by-case basis. The goal is to ensure financial fairness, either temporarily during the divorce process or as a longer-term arrangement.

In Ohio, custody is determined based on the best interests of the child. The court considers factors such as the child’s relationship with each parent, the parents’ ability to care for the child, the child’s needs, and the willingness of each parent to facilitate a relationship with the other parent. Custody can be awarded as: Sole Custody: One parent has primary decision-making authority. Shared Parenting: Both parents share decision-making and responsibilities.

In Ohio, child support is determined using a formula that considers both parents’ incomes, the number of children, and additional factors like healthcare and childcare costs. The goal is to ensure the child’s financial needs are met fairly.The guideline calculation sets the base amount, but the court can adjust it based on circumstances such as parenting time or special needs. Child support is intended to cover essentials like housing, food, education, and medical care, prioritizing the child’s well-being.

Contested Divorce: In a contested divorce, the spouses cannot agree on key issues such as property division, spousal support, child custody, or child support. The court must step in to resolve these disputes, often requiring hearings, evidence, and testimony. Contested divorces are typically longer, more complex, and more expensive due to the need for litigation. Uncontested Divorce: In an uncontested divorce, the spouses agree on all major issues, including property, support, and custody. This type of divorce is usually faster, less stressful, and less costly since it doesn’t require the court to decide contested matters. Choosing between a contested or uncontested divorce depends on the level of agreement between the spouses and the complexity of the issues involved.

Mediation is a collaborative process where a neutral third-party mediator helps spouses resolve issues like property division, spousal support, child custody, and child support. Instead of going to court, the parties work together to reach a mutually agreeable solution Benefits of Mediation: Saves time and money compared to litigation. Encourages open communication and cooperation. Allows for customized solutions tailored to the family’s needs. Helps preserve relationships, especially important for co-parenting. Mediation is voluntary, confidential, and focused on finding common ground, making it an effective alternative for resolving disputes during a divorce.

Choose the Amount of Support You Need

Limited Scope Representation

A lawyer helps with specific parts of your case, like drafting documents or attending a single court date, while you handle the rest. It’s a cost-effective way to get legal support where you need it most.

Full Representation

A lawyer handles every aspect of your case, from start to finish, giving you comprehensive support and peace of mind throughout the legal process.