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What happens after a counterclaim is filed? Once a counterclaim is filed, it must be served to the petitioner, who then has a chance to respond. The court will consider both the original complaint and the counterclaim when deciding on matters like property division, child custody, and spousal support/alimony.
Do you have to file an answer to a counterclaim?
ANSWER COUNTERCLAIM It is very important to file a written answer to any legal action that is served on you if you want to respond to what the other side has requested in his/her petition. Filing an answer gives you the right to be notified of the hearing.
Do you file an answer to a counterclaim?
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
Do I have to file an answer to a counter petition?
What is the difference between a counter-petition and a response and do I need to do both? Yes. You should definitely file both. The difference between a response and a counter-petition is that a response is merely that, a response saying that you either agree or disagree with the claims made in the petition.
Can I file my own custody papers in NC?
How do I file for custody? To ask a court for a child custody order, you must file a complaint. Your lawyer can file the complaint for you, or if you do not have a lawyer, you can file a complaint yourself.
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The counterclaim also allows the responding party to ask the court for what they want out of the divorce. This will include information about spousal support, child custody, child support, and the distribution of the assets from your marriage. Not all divorces will require one party to file an answer or counterclaim.
What is the most common custody arrangement in NC?
There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement.
What do you need to do after you give a counterclaim?
After submitting the counterclaim, you must serve it on the claimant. This means formally notifying them that you have made a counterclaim against them. This can be done by post or in person, depending on the specific rules in your case.
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