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A Defendant must serve its 18.001 counter-affidavit on Plaintiff within 120 days after the Defendant files its Answer.

The counter-affidavit allows the other party to object to the date of separation or the assertion that the marriage is irretrievably broken. In addition, the counter-affidavit now also allows the other party to signal to the court the status of any economic claims pending.

When the respondent fails to file counter affidavits in time, interim orders are being passed in several cases and in some cases, personal apperance of higher officials may be ordered by the high court.

But you are at your own rights to cancel the affidavit either by retrieving the same or executing another affidavit before the same notary referring to the previous one and mention that the previous one stands cancelled for the reason you may rely upon.

This is what you do: Take the sworn affidavit to a lawyer or notary public, preferably the lawyer or notary who executed the affidavit. When you're in front of the lawyer or notary, correct the mistakes on the affidavit in pen (cross out the incorrect information and write the correct information).

If the counter-affidavit is not filed within three months or within the extended time, the case should be listed for hearing without counter-affidavit.