Should I file a counter-petition in a divorce?

lena nguyen family law attorney divorce lawyer houston texas californiaWhen 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.

DISCLAIMER: The following information found on www.nextwithlena.com is provided for general informational purposes only. It may not reflect the current law in your jurisdiction. No information contained on this website should be construed as legal advice or the creation of an attorney-client relationship. This information is not intended to be a substitute for legal representation by an attorney.

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