Texas Family Law: When to file a counter-petition for divorce.

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One of my goals through this venue is to help pro se litigants understand the law, develop potential legal strategies, and draft court documents. With this specific playlist, my aim is to help Texans with their family law matters. Statistics show that about 90% of family law litigants cannot afford a lawyer. Hopeful this channel will serve as a resource to help bridge the gap.
Now let us jump right into today’s topic. Today, we are going discuss under what circumstances you should seriously consider filing a counter-petition for divorce.
So, let’s first start with understanding what is a “counter-petition” for divorce. Normally what happens is that one spouse files a petition for divorce and serves it upon the other. When that happens, the other spouse would typically file what is known as an “Answer” to the petition. In the answer one would generally deny the allegations in the petition as a purely defensive measure.
However, sometimes it is beneficial to also file a counter-petition for divorce. This counter-petition can be combined with the ANSWER. It is basically a way of preserving your right to go forward with a divorce even if the spouse who filed the original petition later decides he or she no longer wants the divorce. In other words, if that spouse withdraws the original petition, your filed counter-petition can still serve as a legal basis for the court to go forward with the divorce.
Another important reason for filing a counter-petition is if you are wanting to seek affirmative relief such as alimony or property division. This is especially important if the relief you are seeking is different than what is stated in the original petition or relief that is entirely omitted from that petition. Simply putting those claims in your answer will not preserve them if your spouse withdraws the original petition. Thus, it is best to use a counter-petition to make your own factual allegations, state your own reasons for divorce, and request your preferred relief from the court.
In the “HELPFUL LINKS” section below I am including a link to an “Answer and Counter-Petition” template from a wonderful FREE resource known as TexasLawHelp.org.
That concludes our segment for today.
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