Divorce defense lawyer's words

1. What are the contents of the plaintiff's divorce defense?

Defense words refer to the materials and opinions that the defendant and his defenders put forward in favor of the defendant in the course of litigation according to facts and laws, which partially or completely represent, defend and refute the charges, so as to prove the defendant's innocence and light crime, or put forward documents that should reduce or even exempt criminal responsibility. The contents of the plaintiff's divorce defense include the information of both men and women, marital status, divorce status, plaintiff's claim, divorce property division and so on. In China, ordinary cases of first instance are under the jurisdiction of the basic people's courts, but cases of first instance with serious nature, complex problems and wide influence are under the jurisdiction of the Intermediate People's Court, the Higher People's Court and the Supreme People's Court. The Supreme People's Court's first trial is final.

Second, the format and content.

1 title. You can write "defense words about XXX case".

(2) Preface. Explain the legal status of defenders. At the same time, briefly explain the work done by the defender beforehand, such as consulting the case file, understanding the case, meeting or correspondence with the defendant in custody, etc. (mostly limited to lawyers). At the end of the preface, the basic views of the defender on this case can be summarized. If you think that the criminal facts accused by the public prosecutor against the defendant cannot be established, or the conviction is improper, and so on.

(3) reasons for defense. This is the main part of the "defense word", which puts forward the defense reasons from the facts, from the law, from the defendant's guilty attitude and so on. Specifically, the defense reasons can be put forward from the aspects of analyzing whether the defendant's criminal facts put forward by the public prosecutor can be established; Or use the law to express opinions on conviction and sentencing, and express opinions on the charges raised in the indictment; The attitude of pleading guilty is mainly based on the party's policy of "pleading guilty and accepting punishment with leniency and resisting strictness", and puts forward the reasons for leniency.

4 ending. Summarize the defense reasons and put forward sentencing suggestions to the defendant.

(5) State the name of the defender and indicate the specific date.

In judicial practice, it is not uncommon for couples to divorce because of emotional breakdown. For the trial of related litigation cases, the judicial organs should deal with the issues of property division and child custody in accordance with the relevant provisions of the Marriage Law, and the plaintiff's defenders should also defend and deal with relevant situations in accordance with the law.