Guthrie - Divorce Counterclaim and Answer 11-19-2015
Guthrie - Divorce Counterclaim and Answer 11-19-2015
Harris
BAKER & HARRIS
266 West Bridge Street
Blackfoot, Idaho 83221
Telephone: (208) 785-2310
Facsimile: (208) 785-6749
E-Mail: [email protected]
Idaho State Bar No. 6261
Attorneys for Respondent
IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF BANNOCK
JAMES KEITH GUTHRIE JR.,
v.
Filing Category: II
Filing Fee: $136.00
Respondent/Counterclaimant.
COMES NOW, the Respondent Barbara Ann Guthrie, and for answer alleges as follows:
FIRST AFFIRMATIVE DEFENSE
1.
2.
3.
4.
5.
6.
7.
8.
9.
Answering paragraph 7: Admit that the parties have community property, but deny that it
should be divided equally.
10.
Answering paragraph 8: Deny that the parties have community debt, but to the extent that
they do have community debt deny that is should divided equally. As to any debts incurred
after separation, except to the extent that such debts were incurred in the normal and ususal
operation of the parties businesses, admit that the debt should be assigned to the party who
incurred it.
11.
1.
That the request for divorce based on irreconcilable differences be denied and the divorce be
granted according to the Counterclaim and that property be divided according to the
Counterclaim.
2.
That Respondent be awarded costs and attorney's fees in defending this action pursuant to
I.C. 32-704 and I.R.C.P. 54.
3.
For such other and further relief as the court may deem just and proper.
COUNTERCLAIM
1.
That for more than six full weeks prior to the commencement of this action, Plaintiff and
Defendant have been, and now are, actual bona fide residents of Bannock County, State of
Idaho.
2.
Petitioner and Respondent were intermarried in Bannock County, Idaho, on the 13Ih day of
November, 1976, and ever since said date have been and now are husband and wife.
3.
4.
5.
6.
7.
1.
2.
3.
4.
That Petitioner be ordered by the court to pay attorney's fees and costs of $2,000.00 if the
case is not contested, and a reasonable fee if the case is contested.
5.
For such other and further relief as to the court seems just and equitable in the premises.
DATED this /6?day of September, 2015.
BAKER & HARRIS
Jonathan W. Harris
CERTIFICATE OF SERVICE
I hereby certify that on the /& day of September, 2015,1 served a true and correct copy of
the following-described document on the attorney listed by the method indicated.
Document Served: ANSWER AND COUNTERCLAIM
Attorneys Served:
Laurie B. Gaffney
GAFFNEY LAW OFFICE, PLLC
591 Park Avenue, Ste. 201
Idaho Falls, ID 83402
Fax No. 208-524-6301
( ) Hand Delivered
( )
(
Jonathan W. Harris
KBcexvea r AX // 2U85246301
n 3fax
Page 1 of3
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ANSWER TO COUNTERCUUM
BARBARA ANN OUTHRDE,
admitted herein.
2.
parties' marriage, bnt denies that said adultery is the cause of UK breakdown! of toe
marriage. Tbe Cottfiterdefendaot should be granted a dmttce based apon Idaho Code
{32-416, Irreconcilable Differences.
4.
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AFFIRMATIVE DEFENSES
1.
the daira of adultery at the panic* reconciled and returned to sexual activity in the
3.
For an Order awarding (be parties his or her chare of toe community
property.
4.
acquired.
5.
fees and coats snouted in bringing this mailer, pursuant to Idaho Code 832-704,83-2-705,
512-120,812-121 and I.R.CP. 54 el seq., if this matter is contested.
6.
For tact other relief as the Court deems jost and equitable.
day of September, 2013.
Baud OTtoey,
ft GORMAN
'Attorney for PetitioneT/CouDterdefendaiit
Aamr to CowitaccUim
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CERTIFICATE OF MAILING
I certify that I am a licensed attorney in the State of Idaho, hare my office located
ia&hhoF*n&. Idaho and op ScptembefS^ .2015JteivcdoppTofmeAiiOTm-to
CnmteKUlm on the following individuals by the method of deUvoty designated;
Bannock County Courthouse
Q U.S. Mail QHwod-dclivered O^catmik
624 B Center, See. 220
PocateOo, B> 83201
Fax: (20^ 236-7012
Jonathan Hutte
BAKHR A HARRIS
266 W. Bridge
BtacfcftKX, ID 83221
Fax: (2081785-6749
Biird
5AITFNEY & GORMAN
'Attorney for Haintiff/Conterdcfeadtn(
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