So you’ve been served with your spouse’s divorce petition now you may be wondering how to respond. The following are tips to draft a counterclaim to the divorce petition appropriately.
- List all property.
When a spouse drafts his/her counterclaim, it should list out all assets possessed to divide property for the divorce properly.
- Address child custody and support.
Be sure that you have clearly defined how you would want the court to assign legal and physical custody of the children. The claim should also include the request for child support if required.
- If appropriate, request alimony.
If you absolutely require alimony, it is essential to include it in the counterclaim. This is because failure to do so would then result in the inability to request for support at the trial.
- Provide evidence of fault for the fault-based divorce.
If the fault isn’t claimed in a divorce petition or counterclaim, it can’t be requested later on without the amendment of the counterclaim.
- Tell the truth.
If you’re ever in doubt during any procedures, be truthful. You could save yourself from undermining your own credibility that way.
- Be thorough.
Give your counterclaim the time it deserves. This means you should either thoroughly re-read or edit as much information as possible to make sure everything is accomplished the way you want it to.
- Clarity is essential.
When drafting the counterclaim, be clear and concise in your requests.
- Use an attorney.
If there are any complications in you and your spouse’s business interests, an attorney specializing in divorce can be of service. The attorney would also help you understand your requests and help you with anything that may be overlooked.
Searching for a competent attorney to help you with your divorce case isn’t easy. But you have come to the right place. The Law Office of Erin Morse is one of the most reputed law firms in Orlando. They guarantee you will be provided with the best Orlando divorce attorney for your case when you choose Erin Morse Law Firm to be your legal support. Contact them now!