If you are in the midst of divorce, your spouse may have served you with divorce papers. The worse thing that you can do is to never respond. By not responding, you are basically telling the judge to grant your spouse everything they asked for in the complaint for divorce. A counterclaim to this complaint is one of the best steps that you can take to offer you both protection and a way to move forward.
What You Can Do
There are several options that you may be faced with when it is time to respond to a divorce complaint or petition. You may choose to file an appearance, which will help you become involved in decisions regarding custody, support, and property. You can also choose to file an answer, denying their grounds or requests regarding a wide variety of subjects like custody and property. You could also file a counterclaim, which serves as your own divorce petition. A counterclaim acts as your very own complaint, which lets the court know that you also want a divorce, so it is important to make this important decision.
Can Your Spouse Respond?
If you file a counterclaim, you may wonder if your spouse has the option to respond. Yes, your spouse is able to respond to the complaint, just as you have responded to their complaint. In many cases, your spouse can even deny your relief, which is what you are asking the court to give you in terms of the divorce. This is why court is important, because it will help you get to the bottom of the issues involved in the divorce process.
A counterclaim works as a lawsuit in and of itself, which means that it keeps your litigation alive even if your spouse decides that they do not want a divorce. This gives you many options for your divorce to proceed. It is important to speak to an experienced divorce attorney about your options, so give us a call today.
