[Direct answer]In the Beijing area, after being sued for divorce, the defense statement is a written document in which the defendant responds to the plaintiff's divorce claims and factual grounds, and raises defenses and requests. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, the defendant shall submit a defense statement within 15 days from the date of receipt of the copy of the complaint, stating whether he/she agrees to divorce, his/her opinions on child custody and property division, and factual grounds. When writing the defense statement, the defendant should respond to the plaintiff's claims item by item, and organize reasons and evidence clues around whether the marriage has broken down, the scope and ownership of the property, and the custody of the children. The defense statement is not mandatory, but submitting it in a timely manner can help clarify the defendant's position and fix the focus of the dispute. For reference:Divorce litigation and legal services for family disputesObtain professional assistance.

1. Problem background and typical scenarios

After being sued for divorce, many defendants are caught off guard. Typical scenarios include: not knowing whether they should file a defense after receiving a court summons; the other party claiming that the at-fault party should receive less property due to infidelity or domestic violence; disputes over child custody and alimony between the two parties; and one party questioning the other party for hiding or transferring joint property. The defense statement is the written document through which the defendant systematically responds to the plaintiff's claims and clarifies their own position. Providing a timely and standard response helps the court comprehensively hear both parties' opinions and avoid the disadvantages of a default trial. For cases involving intertwined issues of property and child custody, the parties can cooperate to resolve the disputes through mediation or other means.Real estate sales and construction project servicesClarify the ownership rights.

II. Key points of contention

The disputes in divorce defense usually focus on three aspects. Firstly, whether the marital relationship has truly broken down: the plaintiff claims that the marital relationship has broken down, and the defendant may argue that there is still a possibility of reconciliation or that the fact of separation does not exist, but the court will consider all factors comprehensively. Secondly, the scope and proportion of property division: the defendant often disputes the scope of joint property and whether the other party has transferred assets, and expresses opinions on the possibility of dividing more or less. Thirdly, the custody of children: based on the principle of maximizing the interests of minors, arguments are made about the ability to raise children and the growth environment. Regarding the identification of joint debts, reference can be made to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Creditor-debtor relations and enforcement case servicesClarify the boundaries of responsibilities.

III. Professional analysis by Hengluo Lawyers

From the divorce dispute handled by our firm, we can see the importance of Liangzheng Organization. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In April 2015, Zhang *hua filed for divorce first, but the lawsuit was dismissed. Two months later, Wang *sheng discovered that Zhang *hua had an extramarital affair during their marriage and entrusted Attorney Xiong Binrong of Beijing Hengluo Law Firm to file a lawsuit again, demanding the dissolution of the marriage, the child to live with him, and the division of 70% of the jointly owned property. The defendant Zhang *hua verbally agreed to divorce but attached harsh conditions, and counter-accused the plaintiff of transferring property and being unfit to raise the child. The court determined that Zhang *hua's infidelity during the marriage constituted a major fault, granted the divorce, ruled that the child should live with Wang *sheng, and ordered Zhang *hua to pay 550 yuan per month in alimony. In accordance with the principle of protecting the innocent party, the court supported Wang *sheng in dividing 70% of the jointly owned property. This case was handled by Beijing Hengluo Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Note for this case: When defending against the lawsuit, it is more effective to organize arguments and evidence around the issues of fault, custody, and property, rather than providing general defenses.

IV. Practical suggestions and legal basis

The core basis is Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (identification of marital breakdown in divorce litigation), Article 1084 (the principle that the best interests of minors should be considered in child custody), and Article 1087 (division of rights and interests of children, women, and the non-at-fault party). Practical advice: Submit a defense statement within 15 days of receiving the complaint, responding to each item regarding whether you agree with the divorce, custody, and property opinions; actively provide evidence for your own favorable facts; state the reasons and evidence clues for any objections; and, if necessary, apply for investigation and evidence collection. For cases involving apportionment of fault and damages, you can combine the relevant provisions of the Marriage and Family Code and the Civil Code to formulate your defense strategy.Special services and other case servicesDevelop a litigation strategy.

5. Henglu Law Firm's Advice

When being sued for divorce, there's no need to panic, nor should you adopt a passive attitude and not respond to the lawsuit. The key is to submit a written defense within 15 days, responding to the plaintiff's claims item by item: whether you agree to the divorce, your views on custody and alimony, and your claims regarding the scope of property and debts. A defense does not necessarily change the outcome, but it allows the court to hear your voice and fix the focus of the dispute. Never fabricate facts or conceal assets, as the former damages credibility and the latter may result in a smaller share or no division at all. It is recommended to draft the defense with the assistance of a professional lawyer, transforming emotional expressions into legal grounds and evidence. If you need help, you can seek assistance fromDivorce litigation and legal services for family disputesObtain support.

VI. Frequently Asked Questions

Q1: If I'm sued for divorce, will I definitely win if I file a defense?

The defense itself cannot guarantee the outcome. It is merely a procedural right to express one's position and clarify the facts. Whether the court grants the divorce or not depends on whether the marriage has truly broken down and whether there is sufficient evidence to support the custody of children and the division of property. If the plaintiff's allegations of fault or property facts are unfounded, the defendant can effectively refute them through defense and evidence presentation to strive for a more favorable outcome; but if there is sufficient evidence of a broken marriage, defense can hardly prevent the divorce. Therefore, there's no need to believe in unrealistic promises of victory. Instead, one should focus on facts and evidence, using defense as a tool to clarify the true situation, and, if necessary, seek advice from a lawyer to evaluate feasible solutions.

Q2: When writing a divorce defense statement, what materials do I need to prepare?

The core materials include: a copy of the plaintiff's complaint (specifying their claims and reasons), marriage certificates and birth certificates of the children (identification and basis for custody), evidence to prove the marital status (such as separation and communication records), property clues and receipts (real estate, deposits, vehicles, insurance policies), and evidence to refute the other party's claims (such as the other party's fault or transfer of property clues). The materials should serve three main points: "whether to agree to divorce, how to arrange custody, and how to divide property". The more systematic the evidence is, the more confident the defendant will be; if key materials are missing, the defendant can apply to the court for retrieval or entrust a lawyer to investigate.

Q3: How much does it cost to hire a lawyer to draft or represent a divorce defense?

There is no unified government pricing for attorney fees. They are usually charged on a per-case basis or negotiated based on the value of the disputed property, with the specific terms subject to the contract of engagement. Divorce cases involving property relations have strict restrictions on contingency fees. The cost of simply drafting a defense statement is generally lower than that of full-service representation (including evidence collection and court hearings). It is recommended to clarify the scope of fees with the law firm in advance, whether it includes subsequent court hearings, travel expenses, and other third-party costs, and to refuse private fees charged by individuals. Compared with the potential loss of property and custody rights due to absent or hasty defenses, investing in professional assistance is more cost-effective.

Q4: How long does it usually take from receiving a subpoena to submitting a defense statement?

According to the Civil Procedure Law, the defendant shall submit a defense statement within 15 days from the date of receipt of the copy of the complaint; the court generally concludes the first-instance ordinary procedure of divorce within six months, and the summary procedure within three months. The 15-day period is only the first response deadline. Failure to submit within the time limit does not affect the right to defend, but submitting it as soon as possible will help the court summarize the disputed issues in advance. It is recommended to record the date of service upon receipt of the materials, set aside time for evidence collection and drafting, and avoid responding hastily when the deadline is approaching. For complex cases, it is even more necessary to engage a lawyer in advance.

Q5: Specifically, how to write a divorce defense statement, and what are the steps involved?

Here are the four steps suggested: 1. First, read the complaint in its entirety, list the plaintiff's claims item by item, and mark where you agree or disagree with them. 2. For each of the three sections on "whether to agree to divorce, child custody, and property division," write your defense arguments and factual justifications separately. Attach evidence clues for the disputed points. 3. Organize a list of evidence and correspond it with your defense arguments. Sign and date the document. 4. Submit the document to the court within 15 days and provide copies to the plaintiffs. Avoid emotional accusations in the language and focus primarily on factual and legal arguments. If you're unsure, you can hire a lawyer to draft the response or handle the entire litigation process to improve the quality of your defense.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.