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If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
Failing to respond to a complaint usually results in the court awarding a default judgment to the plaintiff. It can be challenging to convince the court to set aside a default judgment, and a judgment can have a significant impact on your financial stability.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce.
For example, in a divorce action wherein a plaintiff seeks a divorce based on the ground that the marriage is irretrievably broken, requests alimony and sole custody of the minor child, the defendant may counterclaim for divorce based upon the ground of adultery and request alimony and joint custody of the minor child.