In a Texas divorce case, counterclaims can be either compulsory or permissive. A compulsory counterclaim is one that arises out of the same transaction or occurrence as the petitioner’s claim and must be brought in the current action or it will be waived. This rule is designed to prevent multiple lawsuits over the same issues, promoting judicial efficiency.
On the other hand, a permissive counterclaim does not arise from the same transaction or occurrence and can be brought in the current case or in a separate action later. Permissive counterclaims provide more flexibility for the respondent, allowing them to choose the best forum for their claims.
Distinguishing between compulsory and permissive counterclaims is crucial for ensuring that all relevant claims are addressed in the divorce case and that no rights are inadvertently waived. Working with an attorney can help you identify and properly assert these counterclaims.