Just like car insurance, the Counter-Petition acts as a safeguard in a sense that you will be permitted to claim additional facts and request your own relief from the court. If the other driver decides that he wishes not to go forward on his claim with your insurance for any reason, (maybe he knows deep down that he is at fault) you still have your insurance claim that you filed. You can also file a claim under the other driver’s car insurance because you too believe the other driver is at fault and should have to pay for your damages. The same way the other driver can file a claim with your car insurance, you are free to do the same thing. I like to think of a Counter-Petition of Dissolution of Marriage like car insurance.įor example, if you get into a car accident with another vehicle and the other driver filed a claim with your car insurance because he believes you were at fault, he can tell the insurance company anything he wants or his beliefs of why the car accident occurred. By filing the Counter-Petition, it will force the Petitioner to also give a written response to your factual allegations. For example, in the Petition for Dissolution of Marriage, the Petitioner may not have made any requests for parenting time or for child support, so you could make those requests in your Counter-Petition. As a Respondent/Counter-Petitioner, you get to make your own requests from the court. The majority of clients who come into our office and are the Respondents in the Petition for Dissolution of Marriage, also want a divorce, and might have different claims then their spouse. Why should I file a Counter-Petition for Dissolution of Marriage If the Petitioner does not respond or answer your Counter-Petition, then the court will assume that the Petitioner agrees with all of your factual claims and your relief being requested. With your Counter-Petition now on file, the Petitioner must respond to your factual claims made in your Counter-Petition, by either admitting or denying the allegations. Once you file your counter-petition, you are known as the Respondent/Counter-Petitioner”. Doing it right away, with your appearance, prevents you from overlooking it later. It is possible to file it later, but then you need the court’s permission. If you know you want to file a Counter-Petition for Dissolution of Marriage, you should file it at the same time that you answer the Petition for Dissolution of Marriage. When to file a Counter-Petition for Dissolution of Marriage Why should I file a Counter-Petition for Dissolution of Marriage.When to file a Counter-Petition for Dissolution of Marriage.
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