I was sued for divorce by my wife, and my husband didn t want to leave, what should I do?

Mondo Social Updated on 2024-01-29

Once the word divorce is spoken, there is no room for maneuver. Even Romeo and Juliet will be finished sooner or later.

Everyone understands the truth, but some people just don't want to get divorced. He believes that the other half is the best, he still loves each other deeply, and he is reluctant to let the other party leave. Even if the other party secretly moved and separated in order to divorce, and blocked all the ***, it still couldn't stop him from wanting to save his marriage.

Today's topic,I was sued for divorce by my wife, and my husband didn't want to divorce, what should I do?After being sued by his wife, he became a deserter, and should not appear in court to delay time and try to save his marriageOr do you actively respond to the lawsuit and show your sincerity in court?Let's take a look at how others do it through real cases.

01 I don't want to get a divorce, so the reply is written

Whether you want to divorce or not, after being sued by the other party, you must actively respond to the lawsuit. The first is to show one's attitude, the second is to protect one's legitimate rights and interests by responding to the lawsuit, and the third is to achieve other purposes through the court - such as showing one's heart in court, allowing the judge to play the role of the old man and stabilize the marriage.

The other party sues you and you don't want a divorce, so write a reply like this:

1. The relationship between the plaintiff and the defendant is deep, harmonious and stable, and the respondent firmly disagrees with the divorce. The respondent and the plaintiff were introduced to each other in 2010, and then held a wedding, and the two parties began to live together since then, and went through the marriage registration procedures at the XX County Civil Affairs Bureau on May 26, 2014, and gave birth to a daughter Liu 2 on the year and month and son Liu 3 on the year and month and month, and the birth of the two children was the icing on the cake for the originally happy family. The plaintiff and the defendant have known each other for 13 years, and both parties have given birth to a son and a daughter, both of whom have reached the age of 8, and it is an important period when the growth of a healthy and sunny soul is extremely in need of parental care and careThis is enough to show that the relationship between the plaintiff and the defendant is very deep and stable, and the atmosphere of the whole family life is very harmonious and warm. Therefore, the Respondent believed that the relationship between the two parties was very good, and the Respondent firmly disagreed with the divorce in order to give the two children a complete family and the healthy physical and mental growth of the two children, and the Respondent also implored the Plaintiff to think twice.

2. Most of the statements of facts and reasons in the plaintiff's complaint are false statements. Since the Respondent and the Plaintiff lived together, the Respondent devoted himself to family life, taking care of the Plaintiff and the children attentively, and the relationship between the two parties has been very harmonious and stable. Until 2021 and 2022, when special holidays such as Women's Day and Valentine's Day were encountered, the respondent would send the plaintiff "520" and "1314" transfer red envelopes with holiday commemorative significance, but the plaintiff said that the respondent did not care about the children's families, was not motivated, and was completely making false statements. In addition, the Respondent's sister loved the children of both the Plaintiff and the Defendant and cared for the Plaintiff's life, but the Plaintiff was even more wrong in saying that the Respondent listened to her sister's words. The Respondent once again advised the Plaintiff to carefully consider the issue of responsibility to the family and the children, and not to divorce easily, and the Plaintiff believed that if the Respondent had any problems, he hoped that the Plaintiff would raise them sincerely, and the Respondent would be willing to actively correct them. In summary, the respondent believed that the relationship with the plaintiff and the husband and wife was very good, and the respondent firmly refused to agree to the divorce for the sake of the two children. The Respondent and his children looked forward to the Plaintiff's return to normal family life as soon as possible.

02 If you don't want to get a divorce, you have to submit evidence

When you write a reply, you must prepare evidence. If there is no evidence, it is better not to say it.

If you don't want a divorce, then prepare evidence that the relationship between the couple has not broken down. If you don't know what evidence to prepare, you can look at the evidence prepared by others:

In 2021 and 2022, the defendant sent 8 pages of transfer records to the plaintiff, 1 page of the transfer record of the defendant to pay the child's tuition fees, and one transfer record of the defendant's payment of rent to the rental house of both parties, proving that until the year, the defendant sent "special transfer red envelopes to the plaintiff many times, proving that the husband and wife have deep feelings, harmony and stability, and the defendant has been doing his best to care for the family and the child."

03 The court ruled that divorce was not allowed

This court held that the birth of a pair of children during the life of the plaintiff and the defendant shows that the husband and wife have deep feelings, although in recent years there have been vitality during their lives, it is due to the lack of tolerance and understanding between the two parties, and the husband and wife should understand, trust, respect and tolerate each other if they have conflicts, and through communication to eliminate misunderstandings between each other, mutual understanding and mutual accommodation, the husband and wife can still build a harmonious and happy family. Judging from the evidence submitted by the plaintiff, it cannot be proved that the relationship between the husband and wife has reached the level of complete breakdown, so this court does not support the plaintiff Ma X v. defendant Liu X 1 for divorce. In accordance with the provisions of Article 1079 of the Civil Code of the People's Republic of China, the judgment is as follows:

The plaintiff Ma and the defendant Liu 1 were not allowed to divorce.

Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation;If the relationship has indeed 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 Xi such as gambling and drug addiction that has not been changed;

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.

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