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If my Husband filed a divorce and we have a minor child that

Customer Question
he has custody, why would...
If my Husband filed a divorce and we have a minor child that he has custody, why would he file a counterclaim if he is the plaintiff ? What is he trying to do
Submitted: 6 years ago.Category: Family Law
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Answered in 2 minutes by:
1/1/2012
Family Lawyer: RayAnswers, Lawyer replied 6 years ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 44,569
Experience: 30 years as a family law lawyer .
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RayAnswers :

Thanks for your question and good evening.

JACUSTOMER-zpa9q70q- :
RayAnswers :

If he was the petitioner here--he filed for divorce he should need to file a counterclaim.You would respond here with an answer to his petition.If he is self representing himself here he may not know what he should be filing and filed twice.

JACUSTOMER-zpa9q70q- :
RayAnswers :

Can you give me more information here.It doesn't add up here what he has filed..

JACUSTOMER-zpa9q70q- :

His Lawyer filed the divorce almost a year ago as the plaintiff and is now taking me back to court on a counterclaim. However it does not discribe the complaint. Can you help me understand what his attorney is doing ?


 

RayAnswers :

So did you respond here to his petition?It is possible here that he has amended his original petition here and is proceeding with the divorce.I am assuming here that the divorce has not become finalized.

RayAnswers :

Can you give me your state here so I can get you forms?

JACUSTOMER-zpa9q70q- :

Ga. And no it has not been finalized. I just recieved the document this weekend telling me that he has filed a counterclaim that is not described in the complaint. Could this be for child support and could I file a Nisi if I know what I am talking about. He has our son who is 10, and we have no assets.

RayAnswers :

You can file your own answer here and counterclaim.Here is the form to do that and to seek a to have court resolve custody here and child support/visitation.Since there are no assets that seems to be the only real issue.

RayAnswers :

Sample for you here.

RayAnswers :

I am not at all sure why he filed a counterclaim here since he filed for divorce bu the answer here above insures that this is disputed and the court will hear from you before anything is finalized.;

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


Please remember to click the ACCEPT button so that I can get credit for the answer. Leaving a BONUS (tip) & POSITIVE FEEDBACK after you accept is very much appreciated.


 


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

JACUSTOMER-zpa9q70q- :

No, this form looks like where I anwsered the original complaint


 

JACUSTOMER-zpa9q70q- :
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