Consider These Tips When Writing a Divorce Counterclaim
A counterclaim is a chance for you to submit your own requests in writing about what type of outcome you would like to see in your divorce regarding issues such as property division, child custody and child support. You would submit the counterclaim after your spouse files the initial divorce petition.
The following are some tips for writing a sound divorce counterclaim:
- Create a list of all your property: Your counterclaim should list just about all the assets you have, including accounts, real estate, vehicles, businesses and other significant pieces of property. This will make it easier for the judge to divide this property. Do not attempt to conceal assets — this could result in you being punished with fines or a loss of more assets.
- Address child support and custody: Put forth your custody and support requests in the counterclaim. If you do not, the court might assume you agree to the terms that were initially proposed by your spouse.
- Request alimony: If alimony is appropriate in your case, request the amount you wish to receive. A failure to include a request for alimony may result in you being ineligible to ask for alimony at trial.
- Be as thorough and truthful as possible: Your counterclaim should be extremely thorough. Read through it multiple times to add or edit any information as needed. This document should include everything you want to accomplish with your divorce, so don’t hold anything back. Most importantly, be truthful. Be upfront about any issues that have existed in your relationship, about the assets you own and about the results you wish to achieve with your divorce.
For more information and guidance related to writing a counterclaim, meet with a trusted divorce lawyer at Bryan L. Salamone & Associates.