Dave:
You need a motion to file a counterclaim. You attach the proposed counterclaim to your supporting certification.
Robert E. Goldstein, Esq.
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Original Message------
Plaintiff / husband filed a complaint for divorce in January 2018.
Wife filed an appearance (only) in March 2018. Wife had grounds to seek damages for assault (punched in the face, requiring surgery and is disfigured for life - her eye will be lower / sunk into her cheek. Not immediately noticeable, but if you're looking for it, it's obvious).
Wife didn't want to pursue damages, against my advice. Just wanted it over with.
Husband has been extremely difficult, playing games with asset hiding, fired his quite-capable attorney although he was financially able to keep her, not paying support, etc etc.
Went to ESP in December and Husband rejected a very favorable recommendation.
Wife at this point would like to pursue damages for the assault.
If we'd filed a counterclaim before and he'd answered it, I know a motion would be required to amend it.
But here, we'd only filed an appearance.
Do I need a motion to "amend" it at this point and to pursue her counterclaim? Or can I just file the counterclaim?
Thanks.
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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