[Direct answer]In the Beijing area, first, make sure you understand the litigation request and respond to the lawsuit on time, without failing to appear. According to Article 128 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), the people's court shall send the defendant a copy of the complaint within five days from the date of filing the case, and the defendant shall submit a defense statement within 15 days from the date of receipt; if the defendant fails to submit a defense statement, it shall not affect the people's court's trial. Article 147 stipulates that if the defendant, having been summoned by a subpoena, refuses to appear without a valid reason, or leaves the courtroom without the court's permission, a judgment may be made in his absence. In other words, receiving the complaint is not just about "putting it off". Failure to appear may directly lead to an unfavorable judgment against oneself. The defendant should first clarify the other party's litigation request and then decide on the defense strategy: if he agrees to divorce, the focus should be on the arrangements for property, children, and debts; if he does not agree to divorce, the focus should be on providing evidence that the marriage has not broken down.

I. Problem Background and Typical Scenarios

When being sued for divorce, the parties are often in a passive and emotionally volatile state, prone to two extremes: one is passive avoidance, believing that by not attending the court hearing, they can delay the divorce; the other is emotional confrontation, focusing on arguing in court while neglecting the substantive issues of property and children. In fact, litigation is a game of evidence and rules, and the defendant has ample room for expression in each stage of defense, evidence presentation, cross-examination, and mediation. Beijing area courts have a more standardized grasp of the deadlines for defense and evidence presentation. Defendants who submit their defense statements and evidence on schedule are often much more effective than those who argue impulsively in court.

II. Key points of contention

First, the defense period and the obligation to respond to the lawsuit. Within 15 days from the date of receiving the copy of the complaint, the defendant shall submit a defense statement. Failure to do so within the time limit will not affect the trial, but will lose the opportunity to present arguments in advance. Second, the risk of default judgment. If the defendant refuses to appear in court without a valid reason or withdraws from the trial midway, the court may issue a default judgment, which is usually unfavorable to the absent party. Third, dealing with the classification of litigation claims. If the other party requests a divorce but conceals the joint property, the defendant should request a joint investigation; if the other party claims high compensation or debts, the defendant should require the other party to provide evidence. Fourth, jurisdiction and procedural rights. When conditions permit, the defendant may raise an objection to jurisdiction, and if there are unclear clues to the property, the defendant may apply to the court for investigation and evidence collection. Fifth, counterclaims and preservation of evidence. If the other party shows signs of transferring property or defaulting on alimony payments, the defendant may apply for preservation of evidence or raise corresponding claims.

III. Professional analysis by Henglue Lawyers

Take a foreign divorce case handled by Henglue Law Firm as an example: Both parties involved were foreign nationals who had lived in Beijing for a long time. Due to their nationality, they were unable to register their divorce through the civil affairs department and had to resort to litigation. After accepting the case, Attorney Xiong Binrong first confirmed that Chinese courts had jurisdiction over the case, assisted in preparing identity certificates, marriage certificates, and property ownership materials to ensure the smooth filing of the case, and sorted out the real estate, savings, financial products, and pension memberships owned by both parties one by one, proposing a solution that the property would belong to each party. In the end, the case was settled through mediation under the court's supervision, resolving both marital and property issues in one go. This case shows that, whether suing or being sued, the key to success lies in grasping procedural deadlines and ensuring the completeness of evidence. The party being sued should pay particular attention to preparing a property list, evidence of child care, and debt materials within the response period, rather than waiting until the trial. For properties owned by the other party that need to be verified, relevant evidence can be collected in combination with other materials.Creditor's rights and debts, and enforcement casesThe practices of property investigation and preservation in China; in cases involving overseas assets or cross-border factors, it can be handled according to the relevant provisions of the Civil Procedure Law of the People's Republic of China and the Civil Procedure Law of the Hong Kong Special Administrative Region of the People's Republic of China.Foreign-related and cross-border legal servicesThe reasoning behind this will be evaluated separately. This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on his accurate understanding of the local judicial interpretation and practical rules, to help the client achieve favorable results.

IV. Practical suggestions and legal basis

According to Article 128, Article 130, and Article 147 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), as well as the provisions of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding divorce, property division, and child custody, it is recommended to respond in four steps: First, after receiving the complaint, first read the litigation requests and mark the content that you agree with, partially agree with, and disagree with. Submit a defense statement within 15 days; Second, sort out the family's property and debt lists, and fix the evidence of income, house purchase, loan repayment, and business operations during the marriage to prevent the other party from hiding assets; Third, if it involves child custody, prepare evidence of long-term care and custody conditions; Fourth, if there is indeed improper jurisdiction or the other party transfers property, raise a jurisdiction objection or apply for preservation according to law. The design of litigation strategies and mediation plans can be referred toDivorce litigation and family disputesBased on my practical experience, the overall arrangement can be coordinated throughSpecialised legal servicesHandle it.

5. Henglu Law Firm's Reminder

Being sued doesn't mean being passive. The key is to take back the initiative. Three reminders: First, it's essential to appear in court on time. The consequences of a default judgment are often irreversible. Second, don't express emotions or admit unverified facts in your defense statement. Written materials will become the basis for the judge's decision. Third, for the obviously unreasonable parts of the other party's claims (such as exorbitant compensation or fictitious debts), require them to provide evidence item by item. At the same time, mediation runs through the entire process of divorce litigation.Beijing Henglu Law FirmIt is recommended that you prepare an acceptable mediation plan while responding to the lawsuit, and seize the opportunity to resolve the matter once and for all.

VI. Frequently Asked Questions

Q1: What will happen if you don't attend the court hearing when being sued for divorce?

If a person is summoned by a subpoena but refuses to appear in court without a valid reason, or leaves the courtroom without the court's permission, the court may make a judgment in their absence. Absence means giving up the right to defend, cross-examine, and present evidence. The judgment usually unfavorable to the absent party, and they may also need to bear the corresponding litigation costs.

Q2: What materials do I need to prepare?

The ID card, marriage certificate, copies of the complaint and subpoena, as well as the defense statement, property list and ownership certificates, income and loan repayment records, child support materials, and debt certificates, etc. If the case involves the other party's fault, corresponding evidence should also be prepared.

Q3: Approximately how much does it cost to respond to a lawsuit?

The litigation fees are usually paid in advance by the plaintiff, and the defendant bears them in accordance with the burden ratio in the judgment or mediation; if it is necessary to apply for preservation or appraisal and evaluation, there will be corresponding expenses; the fees for hiring a lawyer are determined by the subject matter or the stage of the litigation through negotiation, and the agreement in the power of attorney contract shall prevail.

Q4: How long will the entire case take?

Cases subject to simplified procedures are generally concluded within three months, and those subject to ordinary procedures take about six months. Cases involving service by public notice, appraisal or second-instance trials will take longer. If the parties can reach an agreement and settle the case through mediation, the process will usually be much faster.

Q5: What should I do first?

After receiving the complaint, first review the other party's litigation requests item by item, submit a defense statement within the 15-day defense period, and at the same time, start organizing the list of assets and debts, fixing the evidence of child care, and determining whether it is necessary to raise an objection to jurisdiction or apply for preservation of evidence.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a timely manner.