When served with a Petition for Dissolution of Marriage an answer to the Petition within twenty calendar days is required. Did you also know you may file your own Petition against your spouse or other party even though you have been served with a Petition for Dissolution of Marriage? You may sue your spouse back even though they have sued you first. When you sue your spouse back the second Petition is called a Counter-Petition. Why should you file a counter-petition?
A Counter-Petition for Dissolution of Marriage is a legal complaint just like any other Petition for Dissolution of Marriage. If you file a Counter-Petition you will pay a filing fee to the Clerk of Court. The Counter-Petition indicates that the person originally served with a Petition for Dissolution of Marriage also wants the divorce. The Petition and Counter-Petition will look remarkably similar and may allege the same facts or request the same relief. A counter-petition may add other claims or causes of action other than what the other party has claimed. (In law if you do not ask for it through your petition or counter-petition you cannot get it.) In a counter-petition for dissolution of marriage parental responsibility, parenting time, division of property and debts, division of retirement plans, alimony, child support, attorney’s fees and other issues should be requested. Why would a responding party pay extra money to file a Counter-Petition for Dissolution of Marriage that says the same thing as their spouse's Petition for Dissolution of Marriage? The answer is: filing a Counter-Petition for Dissolution of Marriage protects you from having the case voluntarily dismissed by your spouse when you still want to get a divorce.
If you do not file your counter-petition with your answer you must move to amend the pleadings and get court permission to file your counter-petition. Consult with an experienced divorce attorney for help when served with a Petition for Dissolution of Marriage.