If you dont have a counter claim your spouse can wait till last minute and back out of divorce on his own will. If by that time you want the divorce you have to start over.

I'm with zoot. I had to file a counterclaim because the marriage was over. I believe it was nothing more than an acknowledgement of the filing.

Did he cite grounds for divorce that you do not agree with? That would be another reason for a counterclaim.

I'm in the same process. File a counterclaim if you (1) believe the grounds for divorce is not valid, as some states may allow you to contest (2) you want to request some relief (i.e. counsel fees, property, support, etc) different from what your spouse indicated and are in agreement with the divorce (3) believe you have better grounds for divorce than he does. Do not file a counterclaim if you still want things to reconcile and if you think he may back out.

Thanks.

I do not want the divorce but he goes back and forth with when we talk about trying to working things out.

There are things I disagree with in his petition but I can't I respond to those with my Answer?

Seems that filing a counterclaim states that I want the divorce also.

Yes, you can "Deny" what he says in your answer. You may be able to make what are called "Affirmative Defenses" to make additional statements. Yes, if you file a counterclaim, it means you too are asking for a divorce. So, now, talk to your attorney and see if you are satisfied with all you may state in your Answer.

I should say, this is how it works with normal lawsuits. I presume divorce offers the same.