What is a Counterclaim in Divorce?
The concept of a counterclaim in divorce is a lawsuit that allows individuals to defend themselves through their own arguments while an filed divorce case is ongoing. After a divorce case has been filed against him, a case involving his own reasons for divorce, unlike the reason for the divorce on which the other party is based, is called a counterclaim in a divorce case. For example, a person who has been filed for divorce due to abandonment may file a counterclaim for violence in order to make a defense that his partner has been violent to him in the divorce case and that he has left the house for this reason. In divorce cases, the defective party may experience loss of rights in matters such as child support and custody compensation. Therefore, it is of absolute benefit to file a counterclaim in a divorce so that the counterparty can be shown to be defective in the events that brought the divorce.
How to File a Counterclaim in Divorce?
132 of the Civil Procedure Code No. 6100 in order to file a counterclaim in divorce cases. according to the article, certain conditions must be met. At the point when the conditions contained in the said article are not met, a counterclaim cannot be filed while the divorce case is ongoing. In the absence of these conditions, the case that will be filed will not be a counterclaim but will be considered as a different case. But in divorce cases, the counterclaim is continued in accordance with the procedure for combining and considering the two cases together.
Conditions for Filing a Counterclaim in Divorce
In order for the defendant of the divorce case that has been filed with him to file a counterclaim, the main divorce case must not be completed. After the divorce case is finalized, no counterclaims may be filed in the divorce.
The claims that may be requested in a counterclaim in a divorce case must be in an exchange or offset relationship with the claims in the original divorce case. Or there must be a connection between the counterclaim and the actual Dec. If this situation does not exist, again, a counterclaim cannot be filed in a divorce.
The Code of Civil Procedure provides that these two conditions must be fulfilled in order to be able to file a counterclaim in a divorce case. If a counterclaim has been filed in an ongoing divorce case and it has been determined that these conditions have not been met, the case is conducted in the form of two different divorce cases. There is no question of combining these two cases. If the court deems it necessary, it may rule that the second case, which has been filed as a counterclaim, be sent to the competent court.
How to File a Counterclaim in a Divorce Case?
A counterclaim may be filed together with a petition for an answer to the main divorce case while the divorce case is in progress, or it may also be filed as a different divorce case while the answer period to the merits continues. In cases that will be filed after the required period of time to file a counterclaim has expired, the judge distinguishes between the main divorce case and the divorce case filed as a counterclaim.
You can read our articles and petition examples by clicking here.