Defendant/Counter-Plaintiff (Defendant)States in Support of This Counterclaim

[Insert caption.]

COUNTERCLAIM

Defendant/Counter-Plaintiff (Defendant)states in support of this counterclaim:

Count I

Divorce

1. Defendant has been a resident in Michigan for at least 180 days and in [county], Michigan, for at least 10 days immediately preceding the filing of this counterclaim.

2. The parties were legally married on [date], in [city],[state].

3. There [is one minor child / are [number] minor children] from this marriage:

a. [name, birth date]

b. [name, birth date]

[Defendant / Plaintiff] [is / is not] pregnant.

4. During the marriage, the parties have acquired property and debts, which are to be divided.

5. Defendant’s complete name before this marriage was [name] and is now [name], and Plaintiff’s complete name before this marriage was [name] and is now [name].

6. The parties separated on or about [date].

7. The children’s best interests would be served if Defendant and Plaintiff were granted joint legal custody of the parties’ minor children, with primary physical custody being granted to Defendant and reasonable parenting time to Plaintiff.

[or]

The children’s best interests would be served if Defendant were awarded sole legal custody with primary physical custody being granted to Defendant and reasonable parenting time to Plaintiff.

8. Defendant requires reasonable child support in accordance with the laws and child support schedules of this state.

9. Defendant requires spousal support from Plaintiff in an amount this court finds reasonable.

10. Defendant requires assistance with attorney fees and costs of this case since [he / she] is unable to pay these expenses without aid.

11. The children presently reside with [Plaintiff / Defendant] at [address] and for the last five years have resided with [Plaintiff / Defendant / both parties] at [all addresses].

[If paragraphs 12, 13, or 14 are affirmative, Defendant must give further information under oath as the court requires. A party has a continuing duty to inform the court of other custody proceedings.]

12. Defendant [has / has not] participated in any capacity in another child custody proceeding concerning the minor children in this or any other state.

13. Defendant [has / has no] information that could affect a child custody proceeding concerning the minor children, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption, pending in a court of this or any other state.

14. Defendant [knows / does not know] of a person not a party to these proceedings who has physical custody of the children or claims legal or physical custody or parenting time rights with the child.

15. Temporary restraining orders are necessary

a. to restrain Plaintiff from selling, disposing of, hiding, destroying, or removing the parties’ personal property because Plaintiff has removed property such as [list property that has been removed]; and

b. to restrain Plaintiff from allowing insurance naming Defendant or the minor children as beneficiaries to lapse or be canceled or changing the beneficiary designation on life insurance policies because Plaintiff has threatened to do so.

16. There has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

Defendant requests the court to

1. grant a judgment of divorce;

2. grant [sole / joint legal]custody of the parties’ minor children to Defendant and Plaintiff, with primary physical custody to Defendant and reasonable parenting time to Plaintiff;

3. order Plaintiff to pay child support, including health care and child care expenses;

4. award Defendant spousal support from Plaintiff in an amount the court finds reasonable;

5. restrain Plaintiff from selling, hiding, destroying, or otherwise disposing of the parties’ personal property;

6. restrain Plaintiff from allowing insurance now in effect to lapse or be canceled or changing the beneficiary designation of life insurance policies;

7. change Defendant’s last name to [name];

8. equitably divide the property and debts; and

9. grant any other relief the court deems just and equitable.

[Optional]

Count II

Intentional Tort—Assault

17. Defendant restates allegations 1 through 16 as if each were specifically stated below.

18. Plaintiff, on [date], in [city, county, state], intentionally committed an assault and battery on Defendant and beat, struck, kicked, and bruised Defendant, severely injuring [him / her].

19. As a direct result, Defendant suffered the following injuries and damages: [Allege particular injuries suffered by Defendantand particular items of damage, such as medical and hospital expenses, loss of earnings, pain and suffering, scars and disfigurement, and disability.]

Defendant requests the court to enter a judgment against Plaintiff for more than $25,000, as well as interest, costs, and attorney fees.

I declare that the statements above are true to the best of my information, knowledge, and belief.

Dated: ______/ /s/______
[Typed name of Defendant]
Defendant/Counter-Plaintiff
Dated: ______/ [Firm name]
By /s/______
[Typed name of attorney (P____)]
Attorney for Defendant/Counter-Plaintiff
[Address, telephone]