Divorce counterclaim 2025

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A counterclaim allows you (now called the counterclaimant) to have your claim decided along with the claim the plaintiff (now called the counterdefendant) brought against you.
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.
A counterclaim is a claim for relief by the defendant against the plaintiff. The answer or response (Responsive Pleading) to the complaint may include a counterclaim. There is no filing fee to file a counterclaim.
The party who files the initial Petition for Dissolution of Marriage is known as the Petitioner in the divorce case. The other party is known as the Respondent. The Respondent can file a counter-Petition in which case they are also known as the Counter-Petitioner.
The only thing a respondent in a divorce case can do is file a motion to contest the petitioners terms. This will delay the process until the couple can either agree on the terms of the divorce, or until a judge rules on its terms in divorce court.
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Example- Claim: Cell Phones should be allowed in the classroom. Counterclaim: Cell Phones should not be allowed in the classroom. Rebuttal: By allowing cell phone use in the classroom, students learn how to use and manage their cell phones as a digital resource as they should outside of school.

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