Counter-Petition

With Every Divorce Petition, There Can Be a Counter-Petition

Someone has to file for divorce first. Sometimes it’s a surprise and sometimes mutually agreed upon, but unless you go through every step together, someone must file for divorce first. If that’s not you, you may not like the terms you receive.

The divorce process officially begins when someone files their divorce petition and serves it to the other person. But what if you don’t agree with what they’re asking for in their petition? You don’t have to accept it, and there’s actually a way to respond. This is called the counter-petition.

If this is your first divorce, and you don’t know what a counter-petition is or how they work, we’ll break it down.

What Requirements Are There For a Counter-Petition?

For a counter-petition to be valid, it must generally include the same information as the original divorce petition.

This includes the identity of both spouses, grounds for the divorce, and any requested orders or requests for relief. If your counter-petition objects to any financial matters in the original petition, you may need to provide a financial affidavit or other proof of income and assets. The forms are different in Florida if you have children versus if you have no children. Also, if children are involved, a parent may need to provide proof of his or her fitness to care for them if you are contesting the proposed custody agreement.

Added Documents That You Can Add

There are extra documents that you can add but don’t have to for counter-petitions. These documents can include forms for, supporting, or contesting:

• Spousal support/alimony
• Child support
• Child visitation
• Sale of a shared asset

Many of these addendums require their forms and evidence to support them, which you should include in your counter-petition.

For example, if one spouse is seeking spousal support or child support payments, he or she will likely have to include evidence such as bank statements or pay stubs to prove their need, along with an alimony form. A counter-petitioner may also have to submit evidence proving his or her ability to make such payments if they are contesting an award of support from the other spouse.

Do You Have to Use a Counter-Petition?

Counter-petitions are optional. It’s important to understand that by not filing one, you are not agreeing to the divorce petition your spouse proposed. You can still communicate through an attorney or verbally that you will not agree to the divorce terms, which will lead to you going to trial.

You want to use a counter-petition to avoid going to trial, which is a costly and time-consuming process. While there is no guarantee that your spouse will agree to your proposals or work with you to meet you somewhere in the middle, this is a way you give cooperation a good chance.

Benefits of Using a Counter-Petition?

Counter-petitions can help a divorce move along in a lot of ways. This can include:

• Opens up lines of communication
• Helps you avoid going to trial
• Faster than going to trial.
• Grants you more say in your divorce terms.