A counterclaim is different and filed separately from an answer to a divorce petition. The counterclaim is used by the responding spouse to give their version of the facts and raise legal issues not already included in the petition.

Additionally, the counterclaim essentially prevents the other party from haphazardly dismissing their case and the divorce being called off by allowing the responding party to file for divorce as well. The responding party can provide other fault grounds or counter the plaintiff’s demands in the counterclaim.