When you receive unexpected divorce papers, it might feel overwhelming, especially if it seems like your spouse is fully prepared. In Texas, one option to consider is filing a counter-petition for divorce, which you might not be aware of. A counter-petition allows you to assert your interests more effectively in child support, asset division, and alimony.
While this can significantly strengthen your position, if not handled correctly, it can also complicate matters. Therefore, it is crucial to consult with a Frisco divorce attorney about properly filing a counter-petition.
Why should I file a counter-petition?
A counter-petition is a proactive response to divorce filings. Your spouse’s divorce petition likely lists what they want in the divorce settlement, like sole managing conservatorship of the children. You believe that joint managing conservatorship would be better. Or, maybe you want to make your requests for the division of assets and debts known. A counter-petition formally presents your requests to the judge. Without a counter-petition, your only option is to answer your spouse’s.
Even if your spouse withdraws their petition, your counter-petition remains active, which can benefit you if they decide to re-file. Your counter-petition can also hamper your spouse’s attempts to manipulate the timeline to gain an advantage. Depending on your situation, keeping your divorce counter-petition active can help clarify the length of your relationship regarding asset and debt division.
A counter-petition may be particularly advantageous if you are a high-net-worth couple (with more than $1 million in income and assets). You can set your own terms for dividing community property.
Some couples may find that a counter-petition helps with a mediated divorce settlement. Each spouse’s cards are on the table, and it’s clear what the “sticking points” may be (if both parties want the house, for example, or primary custody of the children).
How to file a counter-petition for divorce in Texas
Filing a counter-petition is fairly straightforward, although having your lawyer draft and file it can help ensure that all your interests are represented and that it’s done correctly so it’s admissible in court.
Your lawyer drafts your Respondent’s Original Answer and Counter-Petition, which states your formal response to your spouse’s divorce petition and includes your own claims for assets, alimony, and child custody. These documents are filed in the same jurisdiction as the initial petition for divorce was filed. Once it’s filed, your spouse will be served with the papers, just like they served you.
If you miss a step in the counter-petition or fail to file it in time, the court may refuse to hear your claims.
How to answer a counter-petition for divorce
First, you must acknowledge that you received the petition, stating whether you agree or disagree with your spouse’s demands. Or, if you agree with some demands but not others, state which ones. If you have evidence of a defense to any allegations in the petition, file those now.
Securing your interests: Divorce representation at Albin Oldner Law
The attorneys at Albin Oldner Law can help you file for divorce or answer a divorce counter. We’re here to represent your interests in a divorce and fight for what matters most to you. Contact us today at (214) 423-5100 for a consultation.
