IN THE SUPERIOR COURT OF CHEROKEE COUNTY

STATE OF GEORGIA

___________ )
)
Plaintiff, ) Civil Action No. ___________
)
v. )
)
___________ )
)
Defendant. )

ANSWER

COMES NOW ___________, Defendant in the above-styled matter, and

respectfully files his Answer to Plaintiff’s Complaint for Divorce and shows the Court as

follows:

FIRST DEFENSE

Plaintiff’s Complaint fails to state a claim against this Defendant upon which relief

can be granted.

SECOND DEFENSE

Responding to the numbered paragraphs of Plaintiff’s Complaint, this Defendant

states as follows:

1.

Defendant admits the allegations contained in Paragraphs 1, 2 and 3 of Plaintiff's

Complaint.

2.

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 Defendant denies the allegation contained in Paragraph 4 of Plaintiff's Complaint in

that the parties have never separated and continue to live together with their children in the

marital residence.

3.

Defendant admits the allegations contained in Paragraphs ___________of Plaintiff's

Complaint.

4.

Defendant denies the allegations of Paragraphs ___________.

5.

Defendant shows that pursuant to O.C.G.A. § 19-9-69: There are two (2) minor

children as issue of the marriage between the parties, to-wit: ___________born on

___________; and ___________born on ___________have lived with both parties during

their lifetimes; Defendant has not participated as a party, witness, or in any other way or

capacity in any litigation concerning custody of said children named herein pending to

date, in this or any other state; Defendant knows of no other proceeding other than this

action that has ever been initiated concerning the custody of the parties’ minor children

and Defendant knows of no individual other than the parties to this action that have any

claim of custody or visitation rights concerning said children. The children are presently

in the custody of the parties.

6.

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 In further response to paragraph ___________ of Plaintiff’s Complaint, Defendant

shows that divorce should not be granted, thereby allowing the parties and their children

to be together as a family. Defendant states that he loves his children and wants to

continue to be intimately involved in their welfare, maturation, and rearing. Therefore, if

this action continues and divorce is granted over the Defendant’s objection, the

Defendant requests joint legal and primary physical custody of the children.

7.

In further response to Paragraph ___________ of Plaintiff’s Complaint, Defendant

shows that the parties’ marriage is NOT irretrievably broken despite the fact that the

Plaintiff has committed adultery as contemplated by OCGA § 19-5-3(6). Defendant

shows that he loves the Plaintiff, is committed to her until they are parted by death, and

does not desire to be separated from her, but rather desires to remain her husband and live

with her as her husband for the remainder of his life. The Defendant believes the

marriage can be reconciled harmoniously and hereby pledges to the Plaintiff that he will

continue to make every effort to contribute to the harmonious reconciliation of the

marriage. When Defendant entered into his marriage vows with Plaintiff, he entered into

a covenant with Plaintiff and God. Therefore, Defendant has no desire to be in a court of

law as an adversary to Plaintiff. Because of the scriptural teachings on marriage and

vows, particularly Matthew 5:31-33, 19:1-9, Malachi 2:16 and 1 Corinthians 7:10-11, the

Defendant does not desire the divorce that Plaintiff seeks. The Defendant shows that

Plaintiff and Defendant are professing Christians and requests that Plaintiff agree to

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submit any and all disputes between them to the authority of a church or church body as

described in Matthew 18:15-17 and 1 Corinthians 6:1-7. If the Court grants Plaintiff’s

Complaint, Defendant will remain open to reconciliation.

8.

If this action continues over the objection of the Defendant, the Court’s Domestic

Standing Order should be issued until this matter is concluded. Plaintiff is hereby put on

notice of not only the law of the State of Georgia but also of Defendant’s intent to insist

on full and absolute compliance of same by Plaintiff.

THIRD DEFENSE

Any allegation, claim, language, paragraph or request for relief contained in

Plaintiff’s Complaint to which Defendant has not specifically responded is hereby

expressly denied, and strict proof of same is herewith demanded.

WHEREFORE, Defendant having fully answered Plaintiff’s Complaint,

respectfully prays as follows:

(a) that Plaintiff’s Complaint be dismissed;

(b) that if the Plaintiff’s Complaint is not dismissed, the Court award joint legal and

primary physical custody of the children to the Defendant based upon legal and equitable

principles;

(c) that if the Plaintiff’s Complaint is not dismissed, that Defendant be awarded

reasonable temporary and permanent child support;

(d) that if the Plaintiff’s Complaint is not dismissed, that any marital property and

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debt accumulated during the marriage be equitably divided pursuant to law and equity;

(e) that if the Plaintiff’s Complaint is not dismissed, that Defendant be awarded

temporary and permanent expenses of litigation including, but not necessarily limited to,

reasonable attorney’s fees;

(f) That Defendant be awarded such other and further relief as to this Honorable

Court may seem just and equitable.

(g) that this Court’s Domestic Standing Order issue.

Respectfully submitted this ______ day of ______________, 2010.

___________________________

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 IN THE SUPERIOR COURT OF CHEROKEE COUNTY

STATE OF GEORGIA

___________ )
)
Plaintiff, ) Civil Action No. ___________
)
v. )
)
___________ )
)
Defendant. )

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing

ANSWER was served on the following by mailing copies of same by United States First

Class Mail in a properly addressed envelope with adequate postage affixed thereon to

assure delivery, addressed as follows:

______________
______________
______________

This ________ day of ___________ 2010.

___________________________