What should I do after receiving a divorce summons?

Divorce can be negotiated or prosecuted. Generally, suing for divorce means that both parties bring a lawsuit to the court, and then the court sends a court summons to the party who disagrees with the divorce, and the party who accepts the summons is the divorce defendant. After receiving a court summons to sue for divorce, the defendant needs to prepare relevant materials and evidence according to certain procedures, and prepare relevant defenses and rights protection by himself or by hiring a lawyer.

Sue for divorce and receive a court summons

(1) Sign for all kinds of litigation documents served by the court, including the notice of responding to the lawsuit, the summons for opening the court session, the notice of giving evidence, etc. Some defendants refused to sign the legal documents of the court, and some deliberately avoided the court staff. In fact, these actions will only give people the impression that you are indefensible, and lawsuits are impossible to avoid. Refuse to sign, the court staff can be retained for service; If you hide, the court can announce the service and the lawsuit will continue. Only by actively signing for various documents of the court can we know the court's arrangements for trial activities, know who is suing you for what, know the specific content of the other party's prosecution, and make targeted preparations.

(2) You can conduct litigation by yourself, or you can entrust one or two agents ad litem as needed. Simply put, it is to ask a lawyer to help answer the lawsuit, because lawyers are born to serve the parties. Specifically, the lawyer will represent the lawsuit and submit the power of attorney to the court. The power of attorney of a natural person shall be signed or sealed by the client; The power of attorney of a legal person shall be signed by the legal representative and stamped with the official seal. The power of attorney shall specify the entrusted matters and authority.

(3) submit a reply. According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint. Pay attention to two points when drafting the defense:

First, it is targeted, which can be aimed at one or more factual reasons in the other party's claim or the other party's complaint;

Second, it's reasonable and well-founded, and we should use facts to refute each other's allegations. Some complaints, though brilliantly written and inspiring, are generous, but they don't put facts and reason against each other's allegations, but they just condemn each other blindly, and the effect is not good.

In the defense, you can admit the plaintiff's request or refute it. If you think that the other party has also breached the contract or violated your legal rights in the dispute, you can also file a counterclaim.

(4) Collect and submit evidence. Be sure to read the court's notice of proof in detail and give evidence in strict accordance with the requirements of the court. On this issue, please refer to how to collect and submit evidence.

(5) appear in court on time. The court is a place where both parties face to face and reason directly, so there is a saying "See you in court". You can explain your position to the judge and know the details of the other party when you attend the trial. Even if you don't appear in court, the court can try by default. If it is really impossible to appear in court on time due to objective reasons, it may apply to the court to change the date of the court session.

(6) If the court refuses to accept the ruling or judgment, it shall appeal in time. The appeal period of the ruling is 10 days, and the appeal period of the judgment is 15 days, counting from the day after receiving the ruling and judgment.

To sum up, divorce can be negotiated or prosecuted. Generally, both parties can't reach an agreement when suing for divorce. On the one hand, the court filed a divorce lawsuit, and then the court sent a court summons to the party who disagreed with the divorce, and the party who accepted the summons was the defendant of the divorce. After the defendant files a divorce lawsuit and receives a court summons, he needs to prepare relevant materials and evidence according to certain procedures, and prepare relevant defense and rights protection by himself or by hiring a lawyer.

Legal basis:

code of civil law

Article 62

Divorce litigation agent

If there is an agent ad litem in a divorce case, I should still appear in court unless I can't express my meaning; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.

civil law

Article 1070

divorce proceedings

If one of the men and women requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or a spouse living with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

Sue for divorce and get a subpoena for a few days.

There is no rule on which day a subpoena must be issued. If the court receives a complaint or oral prosecution and finds that it meets the conditions for prosecution after examination, it shall file a case within seven days and notify the parties concerned; The court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.

code of civil law

Article 125

The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.

How long does it take to sue for divorce and get a subpoena

Generally speaking, it is within five days. The court's practice is to serve the summons, receipt and copy of the indictment on the defendant, while the service time of the copy of the indictment stipulated in the Civil Procedure Law is within five days from the date of filing the case.

According to the law, it takes 1-7 for filing a case for review, 1-5 for serving a complaint, and 30 days for presenting evidence, which generally takes 32-42 days to reach the court session. Get the court summons early.

After the case is filed, according to the time of the judge handling the case, it usually takes about one month to open the court. If the other party does not agree to divorce, there is no divorce law, and generally it will not be the first divorce. After the first rejection, the court will stop for six months and sue again on the condition of separation. In this case, the court usually decides to divorce.