6C - Answer or Answer/Counterclaim Filed and you and the Defendant Do NOT Agree
FOLLOW THIS STEP IF: the Respondent filed an AnswerOR Answer and CounterclaimAND you do NOT agree on the issues, complete the following:
Remember: Take an original and two copies of each document to file with the Clerk's office. You will need to send a copy of any filed document to the Respondent.
NOTE: Additional information on the Evidence to be presented at the hearing/trial, Child Support, and Custody and Visitation, can be found in the instructions for Custody and Child Support Modification - Petitioner. As a reminder, the packet and forms are available through the Self-Help Resources on the Wyoming Judicial Branch website. The packet can also be purchased at the Clerk of the District Courtin every Wyoming County.
**We have included examples of all of the forms you may need with some helpful hints at the bottom of this page.**
You will need to complete and file with the Clerk the following forms:
1. IF the Respondent filed an Answer and Counterclaim, you MUST FILE a Reply to Counterclaimwithin 20 days after you receive the Answer and Counterclaim.
When replying to a Counterclaim, you must "admit" or "deny" each paragraph. If you do not have enough information to either admit or deny, state that in your reply. If you disagree with something the defendant is claiming or asking for in the Counterclaim, and you fail to "deny" it, the judge can find that you "agree" with it because you did not address it. **IT IS VERY IMPORTANT TO ADDRESS EACH CLAIM**
If you fail to respond to the Counterclaim within 20 days after you receive it, the judge can enter a default and give your spouse everything that he/she asked for in the Answer and Counterclaim. **IT IS VERY IMPORTANT TO REPLY BEFORE THE 20 DAYS ARE UP**
The original, signed copy of your reply must be filed with the Clerk and a copy must be sent to the Respondent.
2. Request a trial date. To do this, you will need to submit the following forms to the Clerk of Court:
Request for Setting. You will need to complete and file this form. If you have questions about how long your hearing will last, ask the Clerk of Court.
Order Setting Divorce Trial and Requiring Pretrial Statements- You will need to complete ONLY THE TOP PORTION OF THIS FORM, and file it with the Clerk of Court. NOTE: in this Order, the Court is also requiring you and the Respondent each to file with the Court, and to serve on the other person, a Pretrial Statement AT LEAST five (5) days PRIOR to the trial. There is a list of what kind of things the Court would like to see in this Statement. Some of them may not be relevant to your case. If the item is not relevant, you can ignore that item. If you have any questions about how to create the Pretrial Statement, please see the example we have provided below.
Take an original and two (2) copies of the Order Setting Modification Trial and Requiring Pretrial Statements for filing with the Clerk AND two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant) with enough postage to cover the cost of mailing the Order Setting Modification Trial and Requiring Pretrial to you and the Respondent.
3. File your Pretrial Disclosures. These are due to the Court NO LATER THAN THIRTY (30) DAYS BEFORE TRIAL.
Take an original and two (2) copies of the Pretrial Disclosures for filing with the Clerk. Keep one copy for your records and send the other copy to the Respondent.
4. File your and Pretrial Statement. These are due to the Court and the Defendant NO LATER THAN FIVE (5) DAYS BEFORE the trial.
Take an original and two (2) copies of the Pretrial Statement for filing with the Clerk. Keep one copy for your records and send the other copy to the Respondent.
5. No later than three (3) working days before the trial, request a court reporter, if desired. The Clerk will be able to tell you which court reporter to contact. There is no charge for the court reporter. However, if you would like a copy of the transcript of the trial, there will be a charge for that. Having a court reporter present is the way to record what happens at the trial. If the trial is not recorded by an official court reporter, a record/transcript of the trial will not be available. It is very difficult to appeal a decision if there is not a transcript of it.
6. Attend the trial. At the trial, you will need to present your evidence and witnesses. Take the following completed forms with you to the trial:
Order Modifying Custody and Child Support - This form will need to be filled out completely, signed by both you and the Respondent and both of your signatures must be notarized. In addition to signing the Order Modifying Custody and Child Support, you should also initial each page of the Order Modifying Custody and Child Support to verify that each page contains the terms you agreed upon.
Be sure to take an original and two (2) copies of the Order Modifying Custody and Child Support for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Defendant) with enough postage to cover the cost of mailing the Order Modifying Custody and Child Support to you and the Defendant. This will be completed based on the rulings of the Judge after the trial.
Order for Income Withholding. - This Order is REQUIRED by statute in every case where child support has been ordered.
Income Withholding for Support. - This form is required if you need to have the child support taken directly out of the other parent's paycheck. You do not fill this form out.
7. Complete and file any additional documents required by your Court. Ask the Clerk if there are any additional forms you need.
** Your divorce is final when the Order Modifying Custody and Child Support has been signed by the Judge and filed by the Clerk.**