Counter Suit


#1

Good day Rosen!
I received a lawsuit from my husband and his attorney about 2 weeks ago filing for absolute divorce, equal division of marital assets, and his attorney fees. I was all but appalled… Nonetheless, I hold all of the marital debt in my name as he had no credit when we got married. However, my attorney informed me that he would more than likely wait for the 30 days to pass and then just file for divorce drop the lawsuit and leave me with all the marital debt. He stated we must counter sue in order to ensure that he does not drop the lawsuit and leave me with the marital debt. So he drafted a letter to his attorney and sent it via email explaining this matter does not need to go to court and we should consider mediation before pursing litigation. He also informed her that he was not entitled to attorney fees as he is asking for equitable distribution. He then asked them to respond with in a weeks time frame, in which she did on the very last day of the given time explaining she needed more time to consult with her client. I am concerned that they are pulling us along and will not respond. Furthermore I am concerned that he will ignore the certified mailings, that go to his home and state he was not aware of the counter suit. If he ignores the mail, can he still be granted the divorce leaving me with the liabilities? Or can we send it directly to his lawyer so that we are sure they are aware of the countersuit? (As I am confident he is going to try to ignore to leave me with everything)


#2

If he filed his complaint through an attorney, serving your counterclaims through his attorney should be sufficient for proper service. If your counterclaim for equitable distribution has been filed, the divorce can be granted and your claim will survive, allowing the court to divide the assets/debts at a later date if you are unable to come to an agreement through mediation.