Counter Petition for Divorce

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The process of divorce requires a lot of efforts and for that, it is necessary to have a clear idea about the process. Also, it is necessary to hire a good attorney who can help you secure your place in the case. In order to take divorce, one of both the parties have to file a divorce petition against the other. This petition is sent to the other partner. After which it is their duty to respond to the petition. The respondent can accept the terms and conditions or can send a counter reply for divorce. Most of the times people send a contrary reply in order to safe guard their rights.

Counter petition includes the reason for not accepting the petition. It is after the counter petition that the process of divorce takes place which is called the divorce trial.

More about Counter Petition for Divorce

The petitioner servesthe answerable party original divorce document. The duty of the respondent is to reply to the petition as soon as it reached him. The partner has various options, like:

  • Denying: This implies the following:
    • The respondent disagrees with what the things the partner has mentioned in the document
    • One of the most common ways of answering the petition is by not accepting the blames.
  • If the respondent wants to take a step ahead, he can file a counter reply.
    • Through this document, the respondent can file a counter blame.
    • After filing the counter petition,no one can take back the case unless and until both of them want the same.
    • The claims are permitted to be heard by the judge
  • The court does not hear the issues until and unless those are stated with the petition.

It is not necessary that the respondent should file a response . Most of the times it is to safeguard ones interests. Instead of elongating the case, the things can be sorted out after talking to each other.

The case is terminated as soon as the petitioner dismisses the case out of his own will. To answer the petition, the person has 30 days.

Terminology for Counter Petition for Divorce

  • The individual, who initially filed for divorce is referred to as the Petitioner
  • The individual, who responds to the petition is called as the Respondent

When a counter reply is filed, the following terminology is used.

  • The individual who initially filed the divorce is called as the Petitioner and Counter Respondent
  • The individual who filed the counter reply for divorce is known as the Respondent and Counter Petitioner

Example of Counter Petition for Divorce

The contents of a sample of this type of document have been provided.

  • Name of the petitioner and the respondent are to be mentioned in the petition
  • Which facts and allegations mentioned in the petition does this respondent agrees and the one which he does not
  • Regarding which of the following topics does the respondent seek relief
    • Costs
    • Spousal support
    • Child support
    • Access
    • Custody
    • Divorce
  • According to other legislations, which of the following reliefs is sought by the respondent
    • Division of pension
    • Division of property
    • Exclusive possession of the matrimonial home
    • Any other.
  • Pension benefits standards act, 1985, so that benefits can be shared
  • Change of name (if any).

It is necessary to consult an attorney in order to fight the case. He is the only person who knows about all the laws prevailing in the state and that is why he could be of utmost help. Both the parties should make sure that they have appointed an experienced attorney who can help them get things that they deserve. It is advisable to solve the matter outside the court so that problems can be solved without going to the court, couples should discuss problems with each other and settle things by coming to an agreement. Most of the people who have children try to fix things outside a court instead of going through the problematic trial.

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