Sample Case — US Divorce

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

Case No.: 2025-CV-4821

SARAH M. JOHNSON,

Petitioner,

vs.

MICHAEL R. JOHNSON,

Respondent.

ANSWER TO COMPLAINT FOR DIVORCE

(AND COUNTERCLAIM)

COMES NOW the Respondent, MICHAEL R. JOHNSON, and for his Answer to the Complaint for Divorce filed by the Petitioner, states as follows:

1. The Respondent admits to paragraph 1 of the Complaint that the parties were married on June 12, 2015, in Fulton County, Georgia.

2. The Respondent admits to paragraph 2 of the Complaint that two (2) children were born of this marriage: EMMA R. JOHNSON (DOB: March 15, 2017, age 9) and JAMES M. JOHNSON (DOB: September 22, 2019, age 6).

3. The Respondent denies paragraph 3 of the Complaint that the marriage is irretrievably broken solely due to his conduct. The Respondent avers that both parties have contributed to the marital difficulties and that the Petitioner's characterization of events is one-sided and misleading.

4. The Respondent admits to paragraph 4 that the parties jointly own real property located at 245 Peachtree Lane, Decatur, GA 30030, but denies the Petitioner's valuation of the property. The Respondent avers that a current independent appraisal is necessary to determine fair market value.

5. The Respondent denies paragraph 5 regarding the Petitioner's characterization of financial contributions. The Respondent made the initial down payment of $72,000 from pre-marital savings and has consistently contributed 65% of all mortgage payments, as evidenced by bank records and mortgage statements.

6. The Respondent denies paragraph 6 that the Petitioner has been the sole primary caregiver. The Respondent has been actively involved in the children's daily care, including school transportation 2-3 times per week, coaching soccer, attending all parent-teacher conferences, and managing weekend activities.

7. Save as hereinbefore specifically admitted, the Respondent denies each and every allegation contained in the Complaint.

AFFIRMATIVE DEFENSES

8. The Respondent asserts that the Petitioner has failed to provide a complete and accurate financial disclosure, as required by Georgia law. The Petitioner's Financial Affidavit lists monthly expenses of $6,800 while bank statements show average spending of only $5,200, creating a discrepancy of $1,600 per month.

COUNTERCLAIM

9. The Respondent incorporates paragraphs 1 through 8 above as if fully restated herein.

10. The Respondent respectfully requests that this Court grant him joint legal and physical custody of the minor children, based on the best interests of the children standard under O.C.G.A. Section 19-9-3.

11. The Respondent requests an equitable division of marital property that takes into account his substantially greater direct financial contributions to the marital estate.

WHEREFORE, Respondent prays that this Court:

(a) Deny the relief requested by the Petitioner to the extent it is inconsistent with the Respondent's position;

(b) Award joint legal and physical custody of the minor children to both parties;

(c) Order an equitable division of marital property consistent with the parties' respective contributions;

(d) Order each party to bear their own attorney's fees and costs;

(e) Grant such further and other relief as this Court deems just and equitable.

VERIFICATION

I, MICHAEL R. JOHNSON, under penalty of perjury, state that the foregoing is true and correct to the best of my knowledge, information, and belief.

____________________________

MICHAEL R. JOHNSON

Respondent, Pro Se

245 Peachtree Lane

Decatur, GA 30030

Tel: (404) 555-0192

Email: m.johnson@email.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Answer and Counterclaim was served upon the Petitioner, Sarah M. Johnson, via certified mail at her last known address on this [DATE] day of [MONTH], 2025.

____________________________

MICHAEL R. JOHNSON