Can you file petition for divorce if your spouse did already?

Asked over 1 year ago - Lake Worth, FL

I fear spouse will drain assets cause they havn't produced affidavit nor put in petition the wants in dissolution of marriage. Spouse wants to borrow from 401k to purchase property while divorce is pending.

Attorney answers (3)

  1. Gregory Thomas Buckley


    Contributor Level 18


    Lawyers agree

    Answered . If you have been served with their petition, make sure that you file an Answer within 20 days. You can file a Counter-Petition and ask the court to prevent him from dissipating any marital assets during the pendency of the case.

    Your best bet is to contact a family law attorney in your area as soon as possible.

  2. Donald G. Criscuolo


    Contributor Level 9


    Lawyers agree

    Answered . Of course you can. It is almost always the case that when you file an answer to the divorce petition you also file a counter-petition for dissoultion of marriage. Any loans against a marital assets should only be done with the approval of both parties. The holder of the 401(k) may even require the consent of the spouse in writting. An experienced family lawyer should be able to protect you from your spouse raiding marital assests during these proceedings.

  3. Jeffrey B. Lampert


    Contributor Level 19


    Lawyer agrees

    Answered . You would want to file a counter-petition, not a second case. The #1 reason to file a Counter-Petition is to make sure that the case continues on track regardless of whether the other spouse will drop his/her case, forcing you and he/she to start up all over again.

    Not only is the fee for a Counter-petition less than the filing fee for a new law suit, but you do not have to incur the expense of serving your spouse.

    Whether or not you file a Counter-petition, you can start conducting discovery, now, if their are children start formalizing time- sharing, and becoming more proactive in the case.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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