Legal Question in Family Law in Utah

Counterclaims never responded to

I've had an ongoing divorce since 2004. My husband filed on grounds of irreconcilable differences. I counterclaimed for At Fault after finding out he had an affair during our marriage and after learning he gave me STDs. He never responded to the counterclaim. He had his command cut off my dependent support, causing me great financial hardship. After a year, I got a judgment on the support. Now we are approaching mediation and the fact that he has never denied or responded to my counterclaims bothers me. Doesn't this mean that they can be deemed as admitted by the court? If so, what should I do at this point?. I'm Pro Se because of the financial hardship he caused when he cut off my military dependent support. Do I have the right to seek a default at this point? I know there will be issues that will be unresolved after the mediation and the next step is trial, which makes me nervious since I am doing this Pro Se.


Asked on 4/11/07, 2:04 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Counterclaims never responded to

Without reading your counterclaim there is no way to tell whether you asked for damages for the STD. You should ask for extended damages from the STD (you can modify your counterclaim any time up to when he responds). Since you are technically still married you should get an order reinstating the health benefits until your are divorced.

You can get a default, which will give you only what you asked for in your counterclaim. I would not be in a rush to get the default. You may be entitled to certain benefits arising from his conduct that you could lose by seeking the default. Call for a free consultation.

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Answered on 4/11/07, 10:47 am


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