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Cross-complaint A defendant can sue the plaintiff back, or even sue another defendant in the case. If theres someone else who is not part of the case they think is responsible, they can sue them as well and have them be part of the case. This is called filing a cross-complaint.
Complaints often set forth the different legal and factual issues as alleged by the plaintiff. Do I Need a Lawyer to Get Divorced? The Complaint also asks the Court to rule on legal issues involving such things as equal distribution or E.D., alimony, custody of children, visitation, and child support.
Examples of counterclaims include: After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). Two cars collide.
The laws in some states use different termsincluding dissolution of marriage and absolute divorceto mean basically the same thing as plain old divorce: a legal proceeding that will permanently end a marriage, along with all of the rights and privileges that come with marriage.
The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim. Rather, you just need to make factual statements about the grounds for the divorce and provide information that supports your reason.
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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.
This section guides you through each step required to develop a robust counterclaim paragraph. Identify the Main Argument. Formulate the Counterclaim. Research Supporting Evidence for the Counterclaim. Construct the Rebuttal. Integrate Evidence Smoothly.
Sometimes, knowing what you shouldnt say or do at your divorce hearing can make a big difference to the outcome of your case. Dont Lie or Exaggerate During Your Testimony. Dont Call Your Spouse Names or Act Angry or Aggressive. Dont Say Anything Disrespectful to the Judge. Dont Use Words That Suggest Absolutes.

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