Afsana Chowdhury | February 27, 2025 | Family Law
Have you received a divorce complaint (or petition) in Fairfax, Virginia? If so, the next step is filing a legal response known as an answer. You may also consider a counterclaim, essentially your own lawsuit against the person who initiated the case.
Below is an explanation of how these documents work in Virginia family law—and why they matter. If you have more questions or want personalized guidance, you may want to speak with an attorney.
What Is an Answer?
When someone, such as a spouse, files a Complaint for divorce or other family law issue, they’ll serve you with paperwork detailing their allegations. In Virginia, you typically have 21 days to respond with an answer to a divorce complaint. If you fail to do this on time, the court can enter a default judgment, meaning the other party might get what they asked for without hearing your side.
You should know the following about your answer:
- It addresses every statement in the complaint. You admit or deny each allegation.
- You can include defenses. For example, if you think a legal time limit expired, you can mention it as part of your defense.
- Accuracy counts. Mistakes or omissions can weaken your position later in the case.
Responding on time and with thorough detail is critical. It shows you’re disputing certain facts, clarifying others, and protecting your voice in the divorce process.
What Is a Counterclaim?
Before jumping into how to file a counterclaim, it’s helpful to understand its purpose. A counterclaim is your chance to pursue your own claims or requests against the initial filer.
Here’s an introduction to what a counterclaim can do:
- Assert grounds for divorce: If your spouse blames you for the marriage breakdown, you might want to state their actions (like desertion or adultery) as your reasons for ending the marriage.
- Ask for custody or support: If children are involved, you may want custody, child support, or spousal support arrangements different from what your spouse demanded.
- Seek fair property division: You can outline how you want marital assets or debts divided.
By filing a counterclaim along with your answer, you avoid the need to file a separate lawsuit. It saves time and ensures the court hears both sides’ requests at once.
Steps To File Your Answer and Counterclaim
Filing these documents properly helps safeguard your legal standing (it is strongly recommended that you hire an attorney for help with this).
Here’s a brief introduction to that process:
- Draft your answer: You must respond to every paragraph in the complaint, admitting or denying each point.
- Write your counterclaim: List your own grounds for divorce or any specific relief, such as child custody or spousal support requests.
- File with the court: Submit both documents to the same Virginia court handling your case. You may owe a filing fee.
- Serve the other party: Make sure you deliver copies of your answer and counterclaim to your spouse (or their attorney), following Virginia’s rules on service of process.
Each step has specific rules, deadlines, and formatting guidelines. Missing any can jeopardize your case. Many spouses consult a lawyer to avoid errors or missed time limits.
Contact The Family Law Attorneys at Law Office of Afsana Chowdhury, PLC in Fairfax, VA.
Filing an answer and counterclaim in Virginia can significantly shape your divorce or family law matter. Doing it correctly prevents default judgments, protects your rights, and raises any claims you have against the other party.
If you’re uncertain about your next move or want to ensure no mistakes, think about contacting a family lawyer. They can explain local rules, prepare your documents, and guide you every step of the way, letting you focus on building a secure future for yourself and your family.
Contact an experienced family law attorney at Law Office of Afsana Chowdhury, PLC to schedule an initial consultation today. Our law office is located in Fairfax, VA.
We proudly serve Fairfax, VA, and its surrounding areas.
Law Office of Afsana Chowdhury
10805 Main St STE 700A, Fairfax, VA 22030
(703) 271-6519
