Legal Question in Family Law in Massachusetts
Procedural question
I filed a complaint for modification and would like to withdraw it. The other side has filed a counterclaim. If I withdaw my modification does the counterclaim still have a life of its own and will be treated as a separate complaint for modification?
3 Answers from Attorneys
Re: Procedural question
The counterclaim is controlled by the other party. You cannot dismiss it by seeking to dismiss your original claim. Indeed, you cannot even dismiss your own claim without the either other side's agreement or court approval.
Re: Procedural question
The best way to look at the counterclaim is as if it were a completely separate claim (which it is). This means you do not have the ability to have that claim withdrawn simply because you are withdrawing your modification. You would need independent legal grounds to dismiss the counterclaim.
Re: Procedural question
Yes the counterclaim will survive.
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