What does a counter claim mean in divorce?
What Is a Divorce Counterclaim? A “counterclaim” is a responsive pleading (legal writing) that allows you to ask the court for certain relief. Your spouse may have requested custody in the divorce petition, but you can deny your spouse’s request for custody and make your own request for full custody.
What Happens After a counterclaim is filed?
After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called “service of process.” The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.
When can you file a counter petition?
If you know you want to file a Counter-Petition for Dissolution of Marriage, you should file it at the same time that you answer the Petition for Dissolution of Marriage. It is possible to file it later, but then you need the court’s permission. Also, you might forget to do it later.
Do I have to file an answer to a counter petition?
Yes, you should file an answer to a petition, even a counter petition. This would ensure that the court does not consider any claims to be admitted because you failed to deny them.
What is the purpose of a counter claim?
The definition of a counterclaim is a claim made to rebut accusations against you. If you are sued for breaching a contract and you, in turn, also file suit against the plaintiff and claim that he was really the one who breached the contract, your claim against the original plaintiff is an example of a counterclaim.
Do you need evidence for a counterclaim?
Your mom’s counterclaim is that you don’t need one. A counterclaim is the opposite of the argument, or the opposing argument. A reason tells why the claim is made and is supported by the evidence. Evidence is the facts or research to support your claim.
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.
What’s a counter-petition?
: 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.—
How long do I have to respond to a counter-petition?
If you decide to file a response, you have 30 days from the date you were served with the Summons and Petition to respond.