Counter-Petition
A legal filing by the respondent in a divorce case that makes their own requests regarding custody, property, and support, rather than merely responding to the original petition.
Understanding Counter-Petition
A counter-petition (also called a cross-complaint or counterclaim) allows the responding spouse to state their own grounds for divorce and request their own terms. For example, if the wife files requesting sole custody and alimony, the husband's counter-petition might request joint custody and no alimony. Filing a counter-petition ensures that if the original petitioner tries to dismiss the case, the divorce can still proceed on the respondent's petition. It also puts both parties' requests before the judge for consideration.
Real-World Examples
After being served with divorce papers, the husband files a counter-petition requesting joint physical custody and an equal division of the retirement accounts.
Related Terms
The initial legal document filed to start a divorce case. Also called a petition for dissolution of marriage. It identifies the parties, grounds for divorce, and relief requested.
AnswerThe formal legal response filed by the respondent (defendant) to a divorce petition or complaint. It addresses each allegation and may include counterclaims.
DefendantThe spouse who is served with divorce papers and must respond to the petition. Also called the respondent in many jurisdictions.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.