Counter Petition for Divorce
Divorce Papers > Divorce Petition > Counter Petition for Divorce
Concept of Counter Petition for Divorce
The petitioner must serve the respondent with the original petition for divorce. Now, it is the responsibility of the respondent to answer the petition. While filing the answer, the petitioner has the following options.
- A general denial: This implies the following
- The respondent disagrees with what the petitioner has mentioned in the petition
- This is the most common form of answer
- If the respondent desires to take one step forward, he can file a counter petition for divorce.
- Through this document, the respondent files a counter claim against the petitioner
- The effect of filing a counter petition is that none of the partners can drop the litigation without both parties agreeing to it
- The claims of both the parties are permitted to be heard by the court
- It must be noted that unless the issues are directly stated in the petition or counter petition, the court need not hear the issues
It is not mandatory that the respondent should file a response or a counter petition for divorce. The respondent may do so out of his/her own free will. The intention of the respondent is to safeguard his/her own legal interests. It may be noted that the allegations that are made in the divorce petition are regarded as true by the court, if they are not specifically denied in the formal response.
If the petitioner voluntarily dismisses the petition, the case would be terminated unless the respondent files a counter petition for divorce.
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 petition for divorce 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 petition 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 respondent
- Which facts and allegations mentioned in the petition does this respondent accept and 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 is there to make a division of pension possible
- Pension benefits are there to make a division of pension possible
- Change of name
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