Should I file a counter-petition in a divorce?

When you were served the divorce papers, you were probably notified you needed to file a written response by a certain date. This is called an answer. Did you know you also have a right to file your own petition/complaint even though your spouse already filed for divorce? In other words, you have a right to sue your spouse even though they sued you first. This is called a counter-petition.

A counter-petition is a written document filed with the court. It looks similar to your spouse’s petition/complaint. It indicates you also want the divorce. The main reason why I always recommend filing a counter-petition is so that you are protected from having your case dismissed when you still want a divorce, and your spouse does not. If your case is dismissed and you did not file a counter-petition, you will have to start the divorce over from scratch.

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