How to File a Divorce Law Counterclaim in North Carolina
North Carolina states that the petitioner must be separated for a year before filing a divorce action and must have been a North Carolina resident for at least six months. Once the petitioner has met these requirements, he can file for divorce. Once the petitioner files for divorce, the respondent is served with the divorce papers, and must respond, else the court will enter a default judgment against the respondent.
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Instructions
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Retain a divorce attorney or attempt to navigate the divorce process yourself. According to Wake Family Law Group, you have 30 days to respond to the Petition for Dissolution of Marriage that was served on you.
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Draft an answer to the divorce petition. The answer must be filed before, or at the same time as, your counterclaim. The answer should admit or deny each of the allegations and respond to any demands included in the petition.
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Draft the Counterclaim for Dissolution of Marriage. If you agreed to something in the petition, put the same thing in the counterclaim. If you contested something in the petition, enter your request via the counterclaim. For example, if your wife requests primary custody in her petition and you do not agree, you should deny that request in your answer, and then, in your counterclaim, you should ask for primary custody.
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Review your counterclaim, making sure you address child custody, child support, alimony, equitable distribution and any other issues that may be a part of the divorce case.
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File your answer to the divorce petition and your counterclaim with the appropriate court (the court in which the petition was filed).
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Tips & Warnings
Follow the format of the Petition for Dissolution of Marriage when drafting your own counterclaim---you will have the correct format for the court where you are filing the counterclaim.
