[Direct answer]In the Beijing area, the 15-day defense period is the first countdown—don't panic or delay after receiving the lawsuit. Follow these four steps: First, check the materials (copy of the lawsuit, list of evidence, and the court hearing time and evidence presentation deadline on the subpoena); Second, decide on your stance (if you don't agree to the divorce, prepare a defense arguing that the marriage hasn't broken down; if you agree to the divorce, shift the focus to property and custody rights); Third, inventory your own evidence (property certificates, care records, and income proof); Fourth, consider hiring a lawyer or applying for mediation—being sued doesn't mean being passive. The four tools of defense, evidence presentation, counterclaim, and mediation are all in your hands. Only by ignoring them will you truly lose the initiative.

I. Problem Background and Typical Scenarios

The court's official document was suddenly delivered to them: the other party sued for divorce, and the claims included custody rights, real estate, and a division plan that you never agreed to. Some people were too scared to open the letter, some were angry and said "if you don't attend the court hearing, what can you do about it?" and some argued with the other party on the phone for two hours—all three reactions are giving the other party procedural advantages.

II. Key points of contention

First, the procedural junctures of the defense period and the period for providing evidence. Second, the defense strategies for those who disagree with the divorce. Third, the counter-measures when agreeing to the divorce. Fourth, the risks of being absent from the hearing.

III. Professional analysis by Henglue Law Firm

First, clarify the procedural nodes first: The evidentiary period specified in the indictment and the court date specified in the subpoena are two hard deadlines—submitting evidence and a defense statement within the evidentiary period (with a 15-day defense period and the option to request an extension), and any evidence submitted after the deadline may be questioned or even disregarded. For those who dispute jurisdiction (when the defendant is sued in a court outside their habitual residence), they can submit a jurisdiction objection application within the defense period to change the trial court or at least gain time. Upon receiving the materials, there are three things to do first: read the list of claims, check the list of evidence, and mark every item with objections. Second, key defenses against divorce: Claim that the marriage has not broken down—the basis of cohabitation (still living in the same residence, daily collaboration in child-rearing), the repairability of conflicts (communication records, evidence of friends and relatives mediating), and the absence of statutory grounds for marital breakdown (no domestic violence, less than two years of separation). In the first divorce lawsuit, if the defendant insists on refusing divorce and there are no statutory grounds, the court will likely rule against divorce—this is not a delaying tactic but a legal right. However, it's important to note that after the judgment of non-divorce takes effect, the other party cannot sue again within six months (unless there are new circumstances or reasons). These six months are both a window for repairing the marriage and a risk period for property disputes—don't waste time on emotional outbursts. Third, countermeasures for agreeing to divorce: Shift the focus to three areas when agreeing to divorce—property (inventorying joint assets, investigating hidden transfers, and requesting access to transaction records and registration information), debts (distinguishing joint and personal debts, preventing fraudulent debt claims), and custody (care records, living conditions, and actual evidence of support from elderly relatives). If the other party's proposed division plan is unreasonable, there's no need to accept it entirely. You can submit defense arguments and submit your own plan within the evidentiary period. If necessary, you can allege the other party's fault (infidelity, domestic violence, asset transfer) to demand a larger share. Fourth, absenteeism is the worst option: If you refuse to appear in court, the court can rule by default—if the defendant refuses to appear in court twice after being summoned by subpoena without a valid reason, the court can detain them. Absenteeism means that all property claims and custody opinions will be ignored, and the court is likely to fully adopt the other party's proposal. If you truly cannot attend, written defense statements, evidence, and a lawyer's appearance can substitute for your presence. In terms of emotional management, avoid direct confrontations with the other party before the trial (recorded arguments may become evidence of marital breakdown) and reserve your expression to the court and defense statements.

IV. Practical suggestions and legal basis

The first step is to check the claims, evidence lists, and deadlines on the day of receiving the materials; the second step is to submit a defense statement during the defense period and raise jurisdiction objections if necessary; the third step is to organize evidence and plans according to two possible outcomes: either not agreeing to the divorce or agreeing to the divorce; the fourth step is to promptly hire a lawyer and consider applying for property preservation if there are major property disputes. The main legal basis includes Article 1079 of the Civil Code of the People's Republic of China, relevant provisions of the Civil Procedure Law of the People's Republic of China on the defense period, jurisdiction objections, and default judgments, as well as relevant content of the Interpretation of the Civil Procedure Law by the Supreme People's Court; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Here are three key points to remember when defending against a divorce lawsuit: 1. During the 15-day response period, first focus on the statutory deadline and then review the plaintiff’s claims. Jurisdictional objections are just procedural tools. 2. If you disagree with the divorce, argue that the marriage hasn’t broken down. If you agree with the divorce, seize the opportunity to protect your property and custody rights during the evidentiary phase. 3. Absence from court proceedings means accepting the opposing party’s default position. It’s always better to appear in court or appoint a lawyer than to remain silent. For more information on divorce defense and property disputes, please refer to the following resources:Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the integration of property preservation and enforcementCreditor's rights and debts, and enforcementFor cases involving custody disputes, you can refer to the following sections for more information.Special servicesFor any questions regarding difficult situations, please feel free to consult us.Personal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: Within how many days after receiving the indictment must I file a defense?

The defense period is within 15 days from the date of receipt, and the defendant may either submit a written defense or give an oral defense in court.

Q2: What will happen if I don't attend the court hearing?

The court may make a judgment in absentia, and those who refuse to appear in court without a valid reason after being summoned twice can be detained and brought to court by force.

Q3: What should I do if I have objections to the jurisdiction of the court?

During the defense period, a written application for jurisdiction objection shall be submitted, which will be reviewed and ruled upon by the court.

Q4: How long after the divorce is granted can the other party file a lawsuit again?

If there are no new circumstances or reasons within six months, the defendant cannot be sued again. However, the plaintiff can file a lawsuit again after six months have passed.

Q5: Is it necessary to hire a lawyer to respond to a lawsuit?

For cases involving complex property disputes and custody battles, it is recommended to hire a lawyer to handle them. For simpler disputes, you can defend yourself, but you must keep track of the procedural deadlines.

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

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 Henglu Law Firm 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 materials to avoid missing the statutory time limit.Divorce litigation legal services·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.