Wording for cross-petition texas divorce
In other words, you have a right to sue your spouse back even though they have already sued you first.
Objecting to a Guardianship
When a party files their own Petition for Dissolution of Marriage after they have already been served with a Petition for Dissolution of Marriage from their spouse, the second Petition for Dissolution of Marriage is called a Counter-Petition for Dissolution of Marriage. As a result, you will incur an additional filing fee if you file a Counter-Petition for Dissolution of Marriage.
The Counter-Petition for Dissolution of Marriage basically indicates that the person who was originally served with a Petition for Dissolution of Marriage also wants the divorce.
In fact, the Petition for Dissolution of Marriage and the Counter-Petition for Dissolution of Marriage will look very similar, and may even allege the same facts or request the same outcome of the case on division of property, parenting time, and other issues. If that is the case, then why would a responding party pay extra money to file a Counter-Petition for Dissolution of Marriage that says the same thing as their spouse's Petition for Dissolution of Marriage?
The answer is: filing a Counter-Petition for Dissolution of Marriage protects you from having your case dismissed even when you still want to get a divorce. When a party files a Petition for Dissolution of Marriage, they are asking the court to open their case and grant their divorce.
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However, the party who files the Petition for Dissolution of Marriage has the right to withdraw or dismiss their Petition for Dissolution of Marriage at any time for any reason. However, if you had filed a Counter-Petition for Dissolution of Marriage, the Court could still move forward on your Counter-Petition for Dissolution of Marriage even if your spouse decides to dismiss their Petition for Dissolution of Marriage.
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As a result, as long as you file a Counter-Petition, your case will not be dismissed even if your spouse decides he or she wants to dismiss your case. For example, say your spouse initially filed a Petition for Dissolution of Marriage against you requesting a divorce.
You appeared in the case, answered the Petition, and motioned the court for maintenance, but did not file a Counter-Petition for Dissolution of Marriage. The Court grants your motion for maintenance. If your spouse does not want to pay you the maintenance, your spouse could simply dismiss his or her Petition for Dissolution of Marriage, resulting in a dismissal of the entire case.
No-fault divorce - Wikipedia
In many states, this would be done on a pre-printed answer form, by checking a box marked "denied" after a pre-printed language such as "the allegations in Paragraph 3 are admitted or denied. If a default is entered against a spouse who failed to answer a divorce petition, he or she may be able to ask the court to remove or "set aside" the default so that the divorce can be contested, but the respondent will need to show sound legal reasons that justify such a move.
Let's face it. Divorces can get messy. If you've been served with a divorce petition, you'll want to understand your rights and obligations. First and foremost, you'll need to answer the divorce petition quickly.
Deadlines in a Texas Appeal
Take the stress off yourself and have a qualified divorce lawyer file your response. Start today by finding an experienced family law attorney near you. It will be up to the judge to decide if there is a legal basis to remove the guardian and if so, to appoint a new guardian to take over. Ask the Court to End the Guardianship.
If a guardianship is no longer needed for any reason, a person can ask the court to terminate the guardianship. If granted, the guardianship ends completely. See Terminating the Guardianship for more information. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer.
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