How do I file a divorce petition counterclaim for void marriage in Texas?

I want to know if I can file a notarized counterclaim to a divorce petition by mail. The plaintiff lives in another county, and it will be difficult to get there to file papers.

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    3 Responses to “How do I file a divorce petition counterclaim for void marriage in Texas?”

    1. Hal Says:

      No, don’t go ask the court. The clerks aren’t lawyers, and they can go to prison for giving legal advice. This is the stuff lawyers go to school for. But, yes, you may file documents in a district court case by mail to the district clerk’s office in the county where the case is pending. You need to be sure the case number is on the top of the first page, and that you have the proper heading.

      But I’m curious: you refer to it as a divorce, and as a void marriage, and those are two different things. If the marriage is valid, they’d be suing for divorce, and if it isn’t, they’d be suing to declare the marriage void (not for a divorce). Also, counterclaims are things that happen mostly in contract law, but in family law you’d be more likely to be pursuing a counterpetition instead of a counterclaim. Are you sure you’re using the right form book?

    2. Greg N Says:

      I don’t know but if you don’t get an answer in this section, as I believe you may not, try putting this question in the Law section of Government and Politics or something like that. This section tends to contain more of the emotional issues of divorce.

    3. craig b Says:

      Go ask the court! It’s their rules.