Q: Does the plaintiff in a 3301(d) divorce have to fill out and file a counteraffadavit with the affidavit of separation?
I filed the affidavit of separation with the non-military affidavit and had them served to my ex with a blank counteraffadavit. At the same time, I had the Intent to Request Entry form time stamped with a counteraffadavit attached to be sent later. Did I need to file a counteraffadavit filled out and signed with the affidavit?
A: I'm not quite sure what the procedure was that you followed, but the way it's handled is to serve the Plaintiff's Affidavit Under Section 3301(d) and a Counter-Affidavit. Then, when you send the you must send it with the Notice of Intention, you must send another Counter-Affidavit.. There is no requirement that the defendant actually complete and file the Counter-Affidavit - only that he/she be properly served with it. You as the plaintiff do not file a counter-affidavit unless you're not the one moving for the final decree.
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