Why Did My Attorney File a Divorce Counter Petition? 

If you are filing for divorce, you might be wondering, “Why did my attorney file a divorce counter petition?” The answer is different from your usual response. You can choose to file a counterclaim for personal reasons or to argue that the divorce should be based on fault instead of a joint one. Whatever the reason, you should hire an attorney to help you prepare an effective response. The first step is to contact your attorney, who can help you write a detailed response. 


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Counterclaims may be made to fulfill personal reasons 

When filing a divorce counter-petition a spouse may ask for a specific remedy not requested in the original complaint. In other words, the responding party may be seeking a fault-based divorce. In this case, the responding spouse may ask for full custody or child support, or f reversal of the division of property. A counterclaim can be used to seek specific relief from the other party or to preserve personal claims. 

They may argue that the divorce should be fault-based in favor of the spouse filing the counterclaim 

A counterclaim is a legal document filed to request relief from a divorce. It can be filed to dispute a spouse’s custody request, to request full custody, or to ask the court to resolve issues not covered by the complaint. The process to file a counterclaim begins by writing and delivering a summons and complaint to the clerk of the court. The other spouse then has sixty days to respond and file a counterclaim. 

They may be filed by an attorney 

Filing a response to a divorce petition means that you’re participating in the divorce proceedings. Your participation in the process means having input in how the court makes decisions. Although you and your spouse may agree to end the marriage without the need for a divorce court hearing, you may still wish to take action to have your say. If you hire an attorney, you may be able to request default in the case. If you don’t respond, the court will determine the case without you. 

They may be filed by a spouse 

A divorce counter-petitions is typically filed when a person opposes the filing of a spouse’s complaint. A spouse may file a divorce counter petition if they feel that the attorney’s client is overstepping the limits. The spouse who is opposing the filing of a divorce petition can request an extension to serve the documents, which is usually granted. If neither spouse has legal counsel, the non-filing spouse may proceed pro se, or go it alone. 

They may be answered by a spouse 

If you are asking, “Will my attorney file a divorce counter petition?” you are likely thinking that the answer is no. However, you may have an answer to the question. you may have a Counter-Petition already filed and have just forgotten about it. If so, you may be in for a surprise! Your spouse may have been asking if the marriage was legal and checked the appropriate boxes on the petition.