If your spouse filed for divorce, plotting out your own strategy is crucial. A divorce can be a highly contentious and complicated process. Included in the list of tactics you need to consider employing is filing a countersuit divorce. By understanding both how to file and the benefits of a countersuit divorce, you will be in the best possible position to protect your rights and interests.
Prepare a petition for a countersuit divorce. A countersuit divorce petition contains the same information that is included in a standard divorce petition. Include with the petition your name, your spouse's name and the date of your marriage. Include a statement to the effect that you experience irreconcilable differences and the objectives of marriage no longer can to be met. Indicate how long you have lived in the state in which you are filing your countersuit divorce. Make a notation in the petition that your spouse filed a petition for divorce against you previously.
Sign the petition for a countersuit divorce in front of a notary public. In most states, your petition needs to include a verification that reads:
"The undersigned hereby verifies on oath that she read the above and foregoing petition for counter suit divorce and that the contents herein are true and correct to the best of her knowledge and belief."
File the petition for countersuit divorce with the clerk of the court in which the original divorce case is pending. The petition for countersuit divorce will become part of that initial case. The petition for countersuit divorce needs to be served on your spouse in the same manner that the original divorce petition was served on you. The clerk will make arrangements for the sheriff's office to serve your spouse.
- In the absence of filing a countersuit divorce, your spouse is able to dismiss the initial divorce case with no input from you. In other words, if your spouse elects to end the divorce case, you are left having to file a new case from scratch. However, if you file a countersuit divorce, your spouse can dismiss the original case and the divorce proceedings carry on through your countersuit divorce.
- "Essential Guide to Divorce;" Emily Doskow; 2008
- Cornell Law School, Divorce: Overview
- "The Divorce Organizer & Planner;" Brette Sember; 2004