Do I need to file a counter claim


#1

I have received divorce complaint for absolute divorce stating no alimony, separation of personal property. I want to contest this portion of the divorce. Can I do that in an Answer, or must I file a counter claim?


#2

You can contest any parts of a Complaint in an Answer. You file a counterclaim when you also want to bring a suit against the other party.

If for example, you want alimony from your spouse, and you were served with the Complaint (i.e. you are the defendant), you would need to file a counterclaim for alimony.