Divorce Dex.com: Counterclaim

Home

Term Search A-Z

QDRO Preparation - QdroDesk™ is an industry proven online service providing an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs).

Online Divorce - With or without children, 123DivorceMe.com is the fastest, easiest, and most affordable way to file your own uncontested divorce.

Online Parenting Class - Avoid the hassle of completing the mandatory course by taking the "Positive Parenting Through Divorce" class online.

Definition Counterclaim - a pleading filed by the defendant, who is also called the respondent, against the plaintiff, who is also called the petitioner or the appellant.

Application in Divorce A counterclaim may accompany an answer to a complaint. In a divorce action, a counterclaim alleges the defendant’s (or respondent’s) answer to the plaintiff (or petitioner), as if the defendant were the party asking for the divorce. In some cases, a counterclaim may allege adultery.

Normally, defendants must answer the complaint and file a counterclaim within a period of time, usually less than one month. This amount of time is clearly stated on the summons which is served on the defendant with a copy of the complaint. The plaintiff then may file an answer to the counterclaim. The title of petition is often used in some states rather than complaint.

In uncontested divorces, there is not a counterclaim, but rather some form of acknowledgment by the defendant that he or she agrees with what is presented in the complaint.

Failure to file a counterclaim (response or answer) to a complaint will result in a default judgment or decree.

Your Suggestion

Questions & Answers

Contribute Question/Answer

Helpful Tips & Facts

Contribute Tip/Fact

Additional Resources

Report Broken Link

Find Divorce Professionals We have an ever-growing list of divorce professionals that contribute to DivorceDex.com. To view a list of professionals in your area, please select your state: ALERT: If you are a divorce professional (attorney, mediator, counselor, financial planner, etc.) generating new clients by joining the directory is easy and free.

Due to the possibility of unanticipated or unexpected changes in state statutes and related case law the information contained on this page and/or with in this online divorce information index, the owners and any and all persons or entities involved in any way in creation and management of the website and service disclaim all responsibility for the legal effects or consequences of the interpretation or use of the information provided in any way. Those individuals that are in need of legal advice are encouraged to contact a lawyer. You may locate a lawyer in our Find Professionals Area.

Terms & Conditions | Contact Us | Link to DivorceDex

Divorce Source, Inc.
You may reproduce materials available on this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Violation of this notice may result in immediate legal action.