Should the woman write a statement of defence or file a counterclaim?

Updated on society 2024-04-15
7 answers
  1. Anonymous users2024-02-07

    Write a statement of defence. The divorce court has to make adjustments before the first time, and you can explain the real facts to the judge clearly during the adjustment, and put the evidence out, and then tell the judge your requirements.

    At this time, the judge will let you both adjust, and if you can't, the judge will make a decision.

    Generally, if you have evidence of joint property and you don't have a special distribution scheme, then it will be divided equally. The rest will be written in the judgment or reconciliation letter at the end. Generally, you will take care of the woman, but you must put the evidence and everything clearly, and explain your various requirements and facts clearly in court.

    This is in favor of the final verdict.

  2. Anonymous users2024-02-06

    Property can be divided.

    Alimony can be calculated according to the local standard of living, as long as the woman does not agree to mention higher than the other party, the general court will calculate, if the child wants to study, the tuition fee can also be calculated.

    Statement of Defence. It is sufficient to refute the other party's claims one by one.

    In court, you should listen carefully to what the other party has to say, record it with a pen and paper, and refute them one by one when it is your turn, so as to leave a good influence on the judge, and don't steal words.

  3. Anonymous users2024-02-05

    Reply.. No counterclaim is required.

    You can go to a local law firm, appoint a lawyer, and he will tell you how to do it.

  4. Anonymous users2024-02-04

    I recommend getting a lawyer.

  5. Anonymous users2024-02-03

    Article 167 of the Civil Procedure Law: When the original people's court receives an appeal petition, it shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party submits a reply within 15 days of receipt. The people's court shall serve a copy of the dust on the appellant within 5 days of receiving the reply. If the opposing party does not file a reply, it will not affect the trial of the people's Zhenchan Court.

    The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence, upon receipt of the appeal petition or reply.

  6. Anonymous users2024-02-02

    Yes, the time limit for defending a counterclaim is generally 15 days, and if the defendant clearly states that it does not need a 15-day defense period when responding to the lawsuit, the time limit for presenting evidence may be determined by the parties through negotiation, and the time limit determined by negotiation must be within 15 days. A counterclaim refers to an independent counterclaim filed by the defendant in a civil proceeding that has already begun, with the plaintiff as the defendant, to the court to which the lawsuit is filed. A counterclaim is an independent lawsuit other than the present lawsuit, and it is only because it is related to the present lawsuit, so in practice, the court usually joins it with the present lawsuit.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 212:People's courts may conduct mediation in private prosecution cases; Before the judgment is announced, the private prosecutor may settle with the defendant or withdraw the private prosecution. Mediation is not applicable to cases provided for in paragraph 3 of article 210 of this Law. Where the time limit for people's courts to hear a private prosecution case is detained, the provisions of paragraphs 1 and 2 of article 208 of this Law apply; and where they are not detained, the verdict shall be announced within 6 months of acceptance.

    Article 200: Defendants in private prosecution cases may raise a counterclaim against the private prosecutor during the course of litigation. The provisions on private prosecution shall apply to counterclaims.

  7. Anonymous users2024-02-01

    Legal analysis: A counterclaim refers to an independent counterclaim filed by the defendant in the lawsuit against the court in a civil procedure that has already begun, with the plaintiff as the defendant, and is implicated in the lawsuit.

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

    Article 4: The legal status of civil entities in civil activities is to be equalized, and so forth.

    Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

    Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

    Article 7: Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their promises.

    Article 8: Civil entities engaging in civil activities must not violate the law and must not violate public order and good customs.

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