why did my attorney file a divorce counter petition

by Kira Fadel 8 min read

Frequently, attorneys recommend always filing a Counter-Petition if you did not file the initial case but also want the divorce to proceed to avoid a dismissal of the case. The process of dismissing a case without an agreement is further complicated if there are minor children involved.Jul 27, 2021

What happens if you file a counter petition for divorce?

Jul 17, 2017 · The answer is: filing a Counter-Petition for Dissolution of Marriage protects you from having your case dismissed even when you still want to get a divorce. When a party files a Petition for Dissolution of Marriage, they are asking the …

What is a counter-petition in a divorce?

Jul 29, 2019 · This is where a Counter-Petition comes in. The Counter-Petition allows you to outline your requests for “affirmative relief,” or what you would like to see happen in regards to the various issues and categories that make up your case. If you don’t file a Counter-Petition, and you can’t reach a settlement agreement with your spouse outside of court, your divorce case will …

Should I file a counter-petition for dissolution of marriage?

Oct 29, 2012 · If the respondent desires to take one step forward, he can file a counter petition for divorce. Through this document, the respondent files a counter claim against the petitioner. The effect of filing a counter petition is that none of the partners can drop the litigation without both parties agreeing to it and the claims of both spouses are permitted to be heard by the court.

Should I file an answer to the petition or a counter-petition?

Feb 19, 2013 · Posted on Feb 19, 2013. Yes, some attorneys routinely file counter-petitions when they really are not needed and that can be a waste of resources. You are very observant. However, many Respondents want to have "their say" about filing for divorce and there is nothing inherently wrong with that.

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What does Counterpetition mean?

Definition of counterpetition : a petition that supports or advocates positions or actions counter to those supported or advocated in another petition : an opposing petition After a senior voiced her concerns and started a petition, the school principal canceled the tradition. … A counterpetition has 100 signatures.—

What is a counter petition for divorce in Texas?

A counter-petition for divorce tells the judge what orders you want the judge to make in your divorce. If your divorce is contested, you may want to file an answer and a counter-petition for divorce.Sep 27, 2021

What is counter file in court?

A Counter-claim is “a claim made by the defendant in a suit. against the plaintiff”. 1. It can be stated as follows:- 1. ) It is an independent claim 2) It is separable from the plaintiff's claim, and 3) It is enforceable by a cross-action in favour of the defendant 1.2.

Can you counter a divorce?

The benefit of a Cross Petition in divorce is that you can refute the reason given by your ex in the Divorce Petition, giving you the opportunity to say why, in your opinion, your marriage has irretrievably broken down.Sep 4, 2018