Texas Counterclaim for Divorce
Description
How to fill out Texas Counterclaim For Divorce?
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FAQ
A counterclaim allows you to ask the court to resolve issues that your spouse failed to include in the complaint. For example, if your spouse failed to list all your rental properties in the divorce petition, you can ask the court to resolve these issues in your counterclaim.
The Plaintiff must reply to the Answer and Counterclaim for Divorce. If you file an Answer & Counterclaim for Divorce, the Plaintiff will have twenty (20) days to reply to your Answer & Counterclaim for Divorce by filing a Reply to Counterclaim.
What Is a General Denial Answer for Divorce in Texas? If you don't agree with everything in the divorce petition ? which is a typical situation ? you will need to file a general denial answer, showing the court you do not agree with everything your spouse stated on the petition for divorce.
The answer is the part that responds to the plaintiff's allegations; the counterclaim is where the defendant has a chance to set forth his or her own allegations, and request his or her own relief.
Oftentimes a party responding to a divorce complaint with an answer will file a counterclaim as well. The counterclaim provides the responding party an opportunity to make their own allegations about the reason for the divorce and a chance to tell the court what they are asking for.
When you file for divorce in Texas, you will be required to pay a filing fee of between $250 to $300. If you cannot afford to pay the filing fee, you can complete an Affidavit of Inability of Pay.
A counter-petition for divorce tells the judge what orders you want the judge to make in your divorce. You would file this with your Original Answer. Before you file anything, talk to a lawyer if you don't live in Texas or if you think the divorce should be transferred to another court in Texas.
A counterclaim should start with a topic sentence that acknowledges the opposing side and references the previous paragraph to create a smooth transition. Counterclaims should also include credible sources as evidence for the opposing side.