Jonathan W.

Harris
BAKER & HARRIS
266 West Bridge Street
Blackfoot, Idaho 83221
Telephone: (208) 785-2310
Facsimile: (208) 785-6749
E-Mail: jwharris@bakerharrislaw.com
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.,

Case No. CV-2015-2705-DN

Petitioner/Counterdenfendant,

ANSWER AND COUNTERCLAIM

v.

Filing Category: II
Filing Fee: $136.00

BARBARA ANN GUTHRIE,

Respondent/Counterclaimant.

COMES NOW, the Respondent Barbara Ann Guthrie, and for answer alleges as follows:
FIRST AFFIRMATIVE DEFENSE
1.

Petitioner fails to state a claim upon which relief may be granted.

SECOND AFFIRMATIVE DEFENSE

2.

Defendant denies each and every allegation not admitted or qualified.

ANSWER

3.

Answering paragraph 1: Admit

4.

Answering paragraph 2: Admit

5.

Answering paragraph 3: Admit

6.

Answering paragraph 4: Deny

ANSWER AND COUNTERCLAIM - 1

7.

Answering paragraph 5: Admit

8.

Answering paragraph 6: Deny that the parties possess separate property.

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.

Answering paragraph 9: Deny

WHEREFORE, Respondent prays for judgment of this Court against Petitioner as follows:

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

COMES NOW, the Respondent/Counterclaimant, Barbara Ann Guthrie, and by way of

counterclaim alleges and complains against Petitioner/Counterdefendant as follows:

ANSWER AND COUNTERCLAIM - 2

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.

The Counterdefendant has engaged in an adulterous relationship during the marriage.

4.

Counterdefendant's adulterous relationship has lead to the breakdown of the marriage.

Therefore, Counterclaimant should be granted a divorce pursuant to Idaho Code 32-603
and 32-604.

5.

As a consequence of Counterdefendant's adultery causing the breakdown of the marriage,

community property should be divided unequally in Counterclaimant's favor.

6.

As a consequence of Counterdefendant's adultery causing the breakdown of the marriage,

community debt should be divided unequally in Counterclaimants's favor.

7.

Counterclaimant is entitled to an award of attorneys fees against Counterdenfendant pursuant

to Idaho Section 32-704.
WHEREFORE, Plaintiff prays judgment against Counterdefendant as follows:

1.

As a consequence of Counterdefendant's adultery, the bonds of matrimony now existing

between Petitioner and Respondent be dissolved with each being restored to the status of
single person.

2.

That community property be divided unequally in Counterclaimant's favor.

3.

That community debt be divided unequally in Counterclaimant's favor.

ANSWER AND COUNTERCLAIM - 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

ANSWER AND COUNTERCLAIM 4

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Laurie Baird Gafflney, ISB #5981

Tracy Williams Goonan* ISB #7776
Chaltts Allen McNalJy, ISB #9558
GAFFNEY& GORMAN
591 PukAveoijc, Suite 202
Idaho Fans, Idabo 83402
Tclqjbone; (208) 524-6655
Facsimile: (208) 524-6301

Attorney for Fetitioget/Qonntiintefimriimt

DISTRICT COURT SEVENTH JUDICIAL DISTRICT

BANNOCK COUNTY IDAHO
JAMES KETTH GUTHRIE, JR.,
Pctitiuner/Countcnkfeodafit,

Case No.; CV-15-4492

V9,

ANSWER TO COUNTERCUUM
BARBARA ANN OUTHRDE,

e, through counsel of record, Laurie Baird

, wwwefs Respondent's Coauierclaim M follows:
1.

The Coontcrdefcorfanl denies each and every allegation not specifically

admitted herein.
2.

The Coaatorde&adaitt adoxtts the allegatkms contained in paragraphs 1

and 2 of Respondent's Counterclaim.

3.

IlK Cowilerdefcfldsjat admitt Uat he has COIM^

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.

The OxtfiteideiBfldam deota ttfi aUegftto^

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AFFIRMATIVE DEFENSES
1.

Tbe Cottme rttefwidtol alleges the doctrine of condonation as a defeose to

the daira of adultery at the panic* reconciled and returned to sexual activity in the

PRAYER FOR RELIEF

WHEREFORE, Counterdefcndant prays tor the Judgment of this court as follows;
1.

For an Order granting &e Couittcifc^

on grounds of Irreconcilable Differences.

2.

For an Order awarding the patties his or her aeparate property.

3.

For an Order awarding (be parties his or her chare of toe community

property.
4.

Pot an Gvdttiwvdiiog the parties his or her afa^

acquired.
5.

Por an Order requiring Respondent to pay Coraterdefotdam'i attorney

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

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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

Du.S.Miil DHand-ddirtred Oftciinule

Biird
5AITFNEY & GORMAN
'Attorney for Haintiff/Conterdcfeadtn(

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