How to write a reply to divorce due to illness, can provide a model

Hello, the reply is for the content of the other party's complaint, counterclaim, appeal, retrial application (lawsuit), within the statutory time limit according to the facts and law to carry out and refute the legal documents, specific to the divorce of the reply, you should write according to the content of the other party's complaint, mainly around whether the relationship is broken, property division, child support, etc., the specific format you can do by yourself.

Legal analysis: The purpose of writing a reply is to refute the claims of the other party's pleading, so as to relieve the respondent of liability. The purpose of writing the reply is in direct opposition to the purpose of writing the complaint, counterclaim, appeal, and application for retrial (lawsuit).

When writing, you should start with the following aspects. The reply consists of three parts: the header, the reasons for the defense, the tail and the annexes.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

First of all, the reply is one of the most frequently used types of pleadings in response to the content of the complaint, counterclaim, appellate and retrial complaint of the defendant, the counterclaimant, the appellee and the respondent in accordance with the facts and law within the statutory time limit.

There are no uniform standards and regulations for its content and format, as long as it can challenge the prosecution's indictment and express its own reasonable justification.

For example, the following should be stated in the first part:

Title. The title states"Criminal (or civil) pleadings"，"Criminal (or civil) Appeal Response"。The former is the reply to the first instance case, and the latter is the reply to the appeal case.

Basic information of the respondent. The parties column directly lists the basic information of the respondent.

If the defendant is a citizen, the respondent's name, sex, age, ethnicity, place of origin, occupation and address should be listed. If there is a person, write the person next to each other, and indicate whether it is a legal person, a designated person, or a commissioned person, and indicate his name, gender, age, ethnicity, place of origin, occupation and address. If it is a legal person, the relationship between him and the respondent should also be stated.

If a lawyer** is appointed, only his name and position should be stated.

Where the defendant is an enterprise, public institution, organ, or group (legal person), the full name and location of the respondent and his unit are listed first. Write the legal representative of the unit and his name and position in a separate line. On another line, list the entrusting person and his name and position.

The circumstances of the opposing party are not listed separately, but the following reasons of defence may indicate who the complainant and the appellant are and what the cause of action of the suit or appeal is.

Write down the cause of the defense. The reasons for the pleadings in first-instance cases and the pleadings in appeals are different. They are explained as follows:

The respondent in the first-instance trial case is the defendant, and the specific wording of the cause of defense is:"In this case, the following plea is hereby filed:"。

The respondent to the reply in the appeal case is the appellee, and the specific wording of the reply is:"Name of appellant) dissatisfied with the judgment (or ruling) of the People's Court in the case (cause of action), filed an appeal, and hereby submits a reply as follows:"

Reasons for Reply The grounds for the reply are the main part of the pleading, and there is no uniform provision for the writing, and it is necessary to reply to the facts and reasons put forward by the plaintiff in the pleading, or the appellant's appeal request and reasons in the appellate brief, and may present contrary facts, evidence and reasons to prove that their reasons and opinions are correct and the demands put forward are reasonable.

Submission of the organ. Written as"Sincerely,""People's courts"。

Written at the bottom right. Respondent's signature or seal) and the date, month, and date.

Annex. Indicate the name and number of exhibits and documentary evidence.

The purpose of writing a reply is to refute the claims of the other party's pleadings and to relieve the respondent of liability. The purpose of writing the reply is in direct opposition to the purpose of writing the complaint, counterclaim, appeal, and retrial application (lawsuit). When writing, you should start with the following aspects.

The reply consists of three parts: the header, the reasons for the defense, the tail and the annexes. The header should state the following: Title.

The title states the basic information of the respondent in the "Civil Reply". The parties column directly lists the basic information of the respondent. Clearly state the reasons for answering Huaizhi's defense.

Reasons for Reply The grounds for the reply are the main part of the pleading, and there is no uniform provision for the writing, and it is necessary to reply to the facts and reasons put forward by the plaintiff in the pleading, or the appellant's appeal request and reasons in the appellate brief, and may present contrary facts, evidence and reasons to prove that their reasons and opinions are correct and the demands put forward are reasonable. The following is stated at the end and in the subparagraph:

Submission of the organ. It is written as "here" and "people's court". Written at the bottom right.

Respondent's signature or seal) and the date, month, and date. Annex. Indicate the name and number of exhibits and documentary evidence.

Respondent: Red.

The Respondent hereby makes a reply to the Plaintiff's Divorce Complaint as follows due to the divorce dispute filed by the plaintiff Green

The respondent did not admit the plaintiff's claim and firmly refused to agree to the divorce. The grounds for divorce alleged by the plaintiff were purely fabricated and untrue. Main reasons:

1. The respondent and the plaintiff have an emotional foundation, and the relationship after marriage is good.

1. After the respondent and the plaintiff got married, they were in and out of a pair, and their relationship was very good. The Respondent (R) had been a diligent and virtuous wife who had been taking care of the household at home.

2. The plaintiff's claim that the respondent was unwilling to be at home since the birth of the child is a fabricated untruth.

3. The plaintiff's claim in the complaint that the husband and wife had joint debts totaling 26,800 yuan, and that there was no such debt, was a fabricated untruth.

The Respondent and the Plaintiff have lived together for so many years, and they know that the Plaintiff's essence is not bad and his character is good. Even if the plaintiff filed for divorce, the respondent firmly refused to agree to the divorce, and the respondent had the determination, confidence and ability to save and reform the plaintiff. As long as there is space and time, the contradictions between the two sides can be reconciled.

I'm also willing to change myself. If the plaintiff must resolutely divorce, the plaintiff is requested to give the respondent a total of 300,000 yuan for the loss of youth for seven years.

The child was placed in the custody of the respondent and the maintenance was borne by the plaintiff.

2. The relationship between the husband and wife has not broken down, and there is a young son who needs to be raised and educated by both parties, and the respondent does not agree to the divorce.

The Respondent never filed for divorce from the Plaintiff. In order to achieve the goal of divorce, the plaintiff fabricated and fabricated everything in his complaint, and did everything he could to create something out of nothing.

The conflict between the respondent and the plaintiff was caused by the plaintiff's reasons, the plaintiff had repeatedly committed violence after marriage, and injured the respondent with scissors and other objects, or the respondent's mother's family gave **. In April 2012, the plaintiff violently beat the respondent in the riverside park, saying that he was dragged into the Yellow River and thrown away, and the respondent informed the plaintiff's uncle of the incident, and on May 2, the plaintiff left the house and left the child at the plaintiff's house after drinking because the respondent informed his uncle of the incident. Therefore, the plaintiff's claim in the complaint that the respondent was working outside the home was inconsistent with the facts, and that the respondent went to the plaintiff's home to visit the children because he missed the children after going out, but the plaintiff did not give them a visit, which is really inhumane.

The plaintiff was willing to be more tolerant and understanding of the respondent, and the misunderstanding between them was eliminated through communication. I don't want to see young children hurt because of divorce, so that children can grow up in a broken family from an early age.

3. The respondent implored the court to comprehensively consider the facts of the case and take into account the provisions of the law to resolve the contradiction between us.

The respondent requested that the collegial panel analyze the root cause of the conflict between the two parties according to the facts of the case, supplemented by patient and meticulous persuasion work, resolve the "knot" between the plaintiff and the respondent, help us cross this "threshold", and protect our family, which should not have been dissolved.

In summary, the plaintiff's claim has no factual and legal basis, and the court is requested to protect the respondent's legitimate rights and interests, protect the lawful marital relationship, and safeguard the legitimate rights of women, and reject the plaintiff.

Respondent to the Complaint: Name, Gender, Date of Birth, Ethnicity, Work Unit, Address, Zip Code, Contact**.

In the case of XX v. me over a divorce dispute, the respondent replied as follows based on the facts and law of the case:

1. Defend the plaintiff's claims one by one.

1. Whether you agree to the divorce and briefly explain the reasons; 2. Defend the issue of child support and briefly explain the reasons; 3. Defend the list of property and division, and briefly explain the reasons; 4. Defend the issue of fault compensation and briefly explain the reasons.

2. Defend the facts and reasons stated by the plaintiff one by one.

Focus on the main facts stated by the plaintiff and briefly explain the reasons.

3. Cite the relevant law (which can be interspersed with the above defense).

Fourth, inductive summary.

Note: 1. If the plaintiff has a major process, the defendant should promptly file a claim for moral compensation and a small share of the plaintiff's property. 2. If you are not sure how to reply, do not reply rashly, and submit the reply or ** after consulting a lawyer.

It's not expensive to find a lawyer who specializes in it.