[Direct answer]You can defend yourself in court and you should do so. Being sued for divorce does not necessarily mean that the divorce will be granted—the only hard criterion for the court to grant a divorce is that "the marital relationship has truly broken down". As the defendant, you have the right to submit a defense statement, provide evidence to prove that the marital relationship has not broken down, strive for mediation and reconciliation, or at least secure more favorable arrangements for property and children. The most taboo thing is to "ignore and avoid", as a default judgment might proceed according to the plaintiff's claims. The first step in defending yourself is to understand the other party's claims and evidence, and then decide whether to save the marriage or divorce with dignity.

1. Problem background and typical scenarios

When suddenly receiving a court summons, many people's first reaction is panic: "I didn't want a divorce. How could he sue me?" Divorce litigation can be initiated unilaterally. The plaintiff doesn't need the defendant's consent to file for divorce. If the defendant responds passively, the court may rule in favor of the divorce based on the plaintiff's unilateral evidence of a broken relationship. Conversely, actively defending against the lawsuit may not only save the marriage but also protect property and custody rights if divorce is inevitable. Especially for defendants who are being sued for the first time and unprepared, they often don't even know how to draft a defense statement, let alone provide evidence of the marital foundation. At this time, silence is the worst mistake - the law doesn't protect those who sleep on their rights. Absent from the court hearing means handing over full control of the narrative to the other party. Even if you don't want a divorce, the court may rule in favor of the divorce based on the plaintiff's unilateral evidence. Actively defending against the lawsuit is the only way to protect your marriage and property. Passively avoiding it often results in losing rights that could have been secured. Defendants in litigation aren't just on the defensive. Professional lawyers can help you transform passive defense into advantageous arrangements, whether the goal is to save the marriage or secure a dignified divorce. Ultimately, being sued for divorce isn't the end, but an opportunity to redefine rights boundaries. Taking defense and evidence-gathering seriously can prevent being pushed along by default procedures and keep control of your marriage and assets in your own hands, rather than surrendering it to the costs of silence.

II. Key points of contention

Firstly, the defendant is not necessarily sentenced to divorce. The criterion is whether the relationship has broken down. Secondly, the direction of defense and evidence presentation (whether the relationship has not broken down or it's a condition-based negotiation). Thirdly, defensive preparations for property division and custody rights. Fourthly, the trade-off between reconciliation and divorce through mediation.

III. Professional analysis by Henglue Lawyers

First level: Procedural position: After receiving the subpoena, the defendant should submit a defense statement within 15 days, stating whether they agree to the divorce and the reasons for it; even if they disagree, they should also put forward their own proposals regarding property and children to avoid being "absent in court". Second level: Substantive focus: If they want to save the marriage, the key is to provide evidence that the marital relationship has not broken down (such as photos of living together, records of mutual care, testimonies from relatives and friends, and evidence of having planned a future together); if they have no intention of saving the marriage, they should shift their focus to property division and custody rights to prevent the other party from hiding or transferring assets. Third level: Reference to cases handled by our firm: In the foreign-related divorce case handled by Attorney Xiong Binrong, the court confirmed the property division plan between the parties both domestically and abroad through mediation, ensuring that the rights and interests involved are enforceable; in the foreign-related case of confirming the invalidity of a bigamous marriage, she accurately pointed out that remarrying without the recognition of a Chinese intermediate court of the foreign divorce judgment constitutes bigamy and an invalid marriage, and the court adopted her argument and ruled the marriage invalid; in another case of divorce involving infidelity during marriage, Attorney Xiong Binrong helped the innocent party obtain 70% of the joint property and custody rights. These cases show that, whether in the offensive or defensive role, a professional lawyer's grasp of evidence and procedures directly determines the outcome of the case. This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to immediately copy the complaint and the list of evidence upon receiving the subpoena, and clarify the other party's claims. The second step is to submit a defense statement within 15 days, clarifying one's position and requests. The third step is to sort out clues about the jointly owned property to prevent the other party from transferring it. The fourth step is to evaluate the pros and cons of mediation and litigation, and consult a lawyer if necessary. The main legal basis: Article 1079 of the Civil Code of the People's Republic of China, and the provisions of the Civil Procedure Law of the People's Republic of China regarding defense and evidence presentation; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points in divorce litigation: You must respond to the lawsuit and not abscond, as your absence will work in favor of the other party; if you want to save the marriage, you need to prove that the relationship hasn't broken down; if you want to divorce, you must protect your assets; and the mediation agreement must be put in writing to be legally binding. For matters related to divorce litigation and rights protection, you can seek assistance through the following channels:Divorce litigation and family disputesThe service acquisition plan involves the combination of property preservationCreditor's rights and debts, and enforcementA reference for custody disputes involving childrenSpecial servicesA column involving consultation on cross-border divorces\nFinancial capital and cross-border transactions involving foreign entities.Team.

VI. Frequently Asked Questions

Q1: Will a divorce be granted if one is sued for divorce?

Not necessarily. The court uses the criterion of whether the marriage has truly broken down as the basis for granting a divorce. If the defendant provides evidence to prove that the marriage has not broken down or if the evidence presented in the first lawsuit is insufficient, the court often rules against granting the divorce.

Q2: What materials should I prepare for responding to the lawsuit?

The defense statement, identity proof, proof of marital relationship, evidence showing that the marriage has not broken down, or evidence related to property; the list of the other party's evidence should be responded to item by item.

Q3: How much does it cost to hire a lawyer to defend against a lawsuit?

According to the case stage or the subject of the negotiation, the fee for a mere defense is relatively manageable; the cost of the scheme involving large amounts of property is higher, and the client can request a detailed breakdown before signing the contract.

Q4: How long does it take from filing a case to the court hearing?

After the court accepts the case, it will generally arrange a hearing within one to two months. The time limit for the summary procedure is about three months, and the time limit for the ordinary procedure is about six months.

Q5: I don't want to divorce, but the other party insists on it. What should I do?

It is more likely that the court will not grant a divorce in the first lawsuit if the parties actively provide evidence to demonstrate the basis of their relationship and the possibility of reconciliation. Six months after the judgment takes effect, the other party can file another lawsuit. During this period, the parties can attempt to repair their relationship or prepare their defense.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 Henglue 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.