What is a divorce counterclaim?
What Is a Divorce Counterclaim? A “counterclaim” is a responsive pleading (legal writing) that allows you to ask the court for certain relief. … Your spouse may have requested custody in the divorce petition, but you can deny your spouse’s request for custody and make your own request for full custody.
What Happens After a counterclaim is filed?
After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called “service of process.” The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.
What is the difference between an answer and a counterclaim?
An answer – or an answer and counterclaim – is the responsive document to the plaintiff’s complaint. … The answer is the part that responds to the plaintiff’s allegations; the counterclaim is where the defendant has a chance to set forth his or her own allegations, and request his or her own relief.
What is filing a counterclaim?
Definition. A claim for relief filed against an opposing party after the original claim is filed. Most commonly, a claim by the defendant against the plaintiff.
Do you have to answer a counterclaim?
If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an “answer to a counterclaim.” The form and content of an “answer to a counterclaim” is similar to that of an answer.
How can you contest a divorce?
You can file your Response to Divorce online via the Commonwealth Courts Portal or in person at a court registry. You don’t have to pay a fee to file your Response to Divorce. When you file your response, it will be stamped with the courts seal and returned to you so that you can serve it on your spouse.
Is a counterclaim a defense?
A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. … A counterclaim is distinct from a mere defense, which seeks only to defeat the plaintiff’s lawsuit, in that it seeks a form of relief.
Is a counterclaim a claim?
In a court of law, a party’s claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.”
What is the purpose of a counterclaim?
Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit. The goal of counterclaim is to turn the table on the plaintiff by bringing up more issues in the case and demanding redress.
How does a strong counterclaim add to your argument?
How does responding to a strong counter-argument add to your own argument? A. It allows you the opportunity to modify your thesis and change your opinion. It makes the audience feel that you are arguing for both sides of the issue.
What happens if you don’t respond to a counterclaim?
If your claim arises out of the same transaction that underlies the plaintiff’s claim, you have a “compulsory counterclaim.” If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.