Rule 18 Failure of Defendant to Counterclaim for Divorce

If you're sued for divorce in family court and you don't file a counterclaim asking for your own divorce, you don't lose your right to ask for one later. You can still file your own divorce case in the future, even if you didn't raise it during the first case.

This matters because some people worry that staying quiet in a lawsuit means they give up their legal options. That's not true here. If your spouse files for divorce and you decide not to ask the court for your own divorce at that time, the door stays open. You can still bring your own divorce action down the road if you need to.