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Original Answer and Counter Petition for Divorce

Smith & Garg - North Houston Attorneys

Once a party has been served with the Original Petition for Divorce, the receiving party must answer the petition. It is important to understand that a divorce is actually a lawsuit whereby one spouse is suing the other spouse for a divorce and for assets. When answering the lawsuit for divorce, the answering party has several options. One option is to simply to file a general denial. A general denial simply means that the answering party disagrees with what the filing party has asserted in their petition and they generally deny the allegation without getting into specifics. A general denial is by far the most common form of answer filed today. If the answering party wants to go one step forward, he or she can file a counter petition for divorce. A counter petition for divorce is simply the answering party filing what amounts to a counter claim against the filing party. There answering party can file the same types of counter claims against the filing party. By way of clarification, the person who first files the divorce is called the Petitioner and the person answering is called the Respondent. When a counter claim is introduced, the person who originally filed the divorce is called the Petitioner and Counter Respondent and the answering party is called the Respondent and Counter Petitioner. The effect of filing a counter petition is that neither party can drop the lawsuit without both parties acquiescing. Additionally, the Respondents and Counter Petitioner's claims are now allowed to be heard by the Court. It is important to understand that unless issues are directly pled in the Petition or Counter Petition, the Court does not have to hear the issues.