Should I Countersue For Divorce?
When you are served with divorce papers there are certain things you have to do, and other things that are voluntary. For example, you must file an Answer to the divorce petition, and you will be required to make mandatory financial disclosures to your ex. But, other actions are optional and require the competent counsel of a skilled family law attorney.
The Family Dissolution Act governs how a divorce case progresses. Some of the things to consider when answering a divorce petition include:
- The decision to include a counter petition with your answer.
- The counter petition includes your position on important issues contained in the divorce petition.
- It is not mandatory you file a counter petition with your answer, but doing so makes for a more expedient and efficient administration of your case.
The thing to remember about counter petitions is that they are your requests, not just your answers. This means if your spouse asked for the 401(k) or for custody of your kids and you want to split the investment 50/50 and share custody, you have to not only answer your spouse’s request, but also make a separate request for what you want. The way to accomplish this is by filing a counter petition when you file your answer. However, you don’t have to file both documents together, and can file the counter petition after the answer is filed. There are strategic reasons for both methods, such as preserving assets or maintaining familial harmony during the holidays or other important times. A competent family law attorney can help you decide which course of action works best for you.
For more information about divorce and how to proceed in a way that fits your needs, call our office today. Your first visit is at a onetime flat fee. Call a qualified family law attorney in Stuart and the Treasure Coast to schedule an appointment.