How do I file a counter petition for divorce

Asked over 1 year ago - Livingston, TX

I don't want a counter petition because I don't want a divorce. The petitioner just states that there is no communal property and no assets. we have both, I want the court to divide both.

Attorney answers (3)

  1. Jordan E. Watson

    Contributor Level 15


    Lawyers agree

    Answered . You would need to hire an attorney or pay a visit to your local library and find the form in the Texas Family Law Practice Manual. Your counter petition would need to state that you did not agree that there was no community property and that you would request the Judge to divide it. After you completed writing your petition, you would take it to your county or district clerk and file it. Then you would need to send a copy to either your spouse or your spouse's attorney. If you do not want a divorce, I would still suggest you consult an attorney to make sure you're protecting yourself.

    I practice in Tarrant, Dallas, Denton, Parker and Wise counties. I am licensed only in Texas. Answers are based... more
  2. Brian Michael Andrade

    Contributor Level 7


    Lawyers agree

    Answered . A counter-petition is one of the options available to a party that was served a petition for divorce. generally, you file a counter-petition when you are seeking divorce on separate grounds or are protecting your other rights. If you decide to file on your own, review the requirements for filing a petition in the Texas Family code. § 45.102. REQUIREMENTS OF PETITION.

    It's always best to consult an attorney, it's difficult to know whether a counter-petition is the correct response to file without reviewing the petition or other circumstances of your case.

  3. JaPaula C Kemp

    Contributor Level 16

    Answered . If you need assistance because you cannot afford an attorney, see if there is a legal aid clinic or program in your county that can assist you.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... 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.

Divorce Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,471 answers this week

2,972 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,471 answers this week

2,972 attorneys answering