1B. Answer & Counterclaim to Complaint for Divorce

If you want the Judge to grant relief to you (for example, give you something such as property, order your spouse to pay spousal support, take back your previous last name, etc.) you should file an Answer & Counterclaim for Divorce.  An Answer & Counterclaim for Divorce responds to the Complaint for Divorce and gives you an opportunity to tell the court what you want to happen with the divorce. 

1. Admit or Deny.  To answer the Complaint for Divorce, you should go through each and every paragraph of the Complaint for Divorce  and either "admit" or "deny" each paragraph.  If you do not have enough information to either admit or deny a particular paragraph, you must state that in the Answer & Counterclaim to Complaint for Divorce. If you disagree with something and you fail to deny it in your Answer & Counerclaim to Complaint for Divorce, the Judge can later treat that paragraph as if you had admitted it.
2. Time Limit to file Answer to Complaint.  You only have a limited amount of time to file an Answer to Complaint for Divorce. Generally, if you were served within the State of Wyoming, you will have twenty (20) days to file the Answer to Complaint for Divorce. Generally, if you were served outside the State of Wyoming, you will have thirty (30) days to file an  Answer to Complaint for Divorce. 
3. Request for Relief. In the Counterclaim portion, you will ask the Judge to give you what you want from the divorce. 
4. Restoration of Previous Name: Either party who wants their name restored to the previous name before divorce should state that in these initial court filings.  The Plaintiff would do so in the Complaint for Divorce and the Defendant will do so in the Answer & Counterclaim for Divorce. This is at the discretion of the party requesting the restoration of the name; the other party cannot demand that the name be changed.
5. Computation of Time Limits. In computing most time limits, unless otherwise stated, the day the document is served shall not be included.  The last day of the time period is included, unless it lands on a Saturday, a Sunday, or a legal holiday, or, if the Courthouse is closed, then the time limit will be on the very next day the Courthouse is open.  If you have questions about time limits, you should seek the advice of an attorney.
6. Certificate of Service. Copies of all documents sent to or filed with the court must be sent to the Plaintiff before the Judge will consider them. The certificate you will sign to show that you have sent those copies is included at the end of every document that requires it.
7. Copies. Make two (2) copies of the document.  The original will be filed by the Clerk of District Court, one copy is for the Plaintiff, and the other copy you will keep for your records.
8. Plaintiff's Reply to Your Counterclaim. The Plaintiff must reply to the Answer and Counterclaim for Divorce. If you file an Answer & Counterclaim for Divorce, the Plaintiff will have twenty (20) days to reply to your Answer & Counterclaim for Divorce  by filing a Reply to Counterclaim. The Plaintiff will admit or deny teh separate allegations, or paragraphs, in your Answer &Counterclaim for Divorce.  If the Plaintiff fails to reply to the Counterclaim, you may be entitled to file Default paperwork seeking the relief you requested in your Answer & Counterclaim for Divorce. The Default paperwork can be found at your local Clerk of the District Court or online at the Wyoming Judicial Branch.