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.
Family Law Attorney
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 on current Texas law. This is for educational purposes only. This answer is given based on the facts provided above. Contact a local attorney to further discuss these issues. No attorney client relationship is established. These questions and answers are fully searchable and viewable on the internet.
Family Law Attorney
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.
Criminal Defense Attorney
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 lawyer of your choice.