Your spouse filed first, but that doesn't mean they control the terms. A counter-petition puts your requests on the table and protects you if they try to dismiss.
A counter-petition (or counter-claim) is your own divorce petition filed in response to your spouse's original petition. While an Answer simply responds to their allegations, a counter-petition makes your own affirmative requests for relief.
Think of it this way: if your spouse asks for sole custody and you want joint custody, an Answer says "I disagree." A counter-petition says "I disagree, and I request joint custody with the following parenting schedule..."
You want a different parenting arrangement than what they proposed - more time, different schedule, or sole decision-making.
They didn't ask for maintenance, but you need it - or they asked for maintenance from you and you want to counter-claim.
You want a different split of assets, or you believe certain property is non-marital that they claim is marital.
You want your spouse to contribute to your attorney fees - common when there's income disparity.
If they dismiss their petition, yours keeps the case alive. Prevents manipulation through strategic filing/dismissing.
You need an order of protection, asset freeze, or other injunctive relief they didn't request.
Your counter-petition should include:
Don't let your spouse control the narrative. A counter-petition puts your requests on the record and protects your interests throughout the divorce process.