Reply to the second divorce 1 Respondent (defendant): Jin xx, male and Korean, now lives in xx village, xx town, xx county.
Id card: xxxx Tel: xxx
Defendant (plaintiff): Zhou xx, female, Han nationality, now living in xx village, xx town, xx county.
Id card: xxxxxxx Tel: xxxx
Defense request:
1, Zhou xx filed a divorce lawsuit, and your hospital has accepted it according to law.
The defendant now pleads in the defendant's lawsuit.
The respondent believes that the relationship between the two parties has not completely broken down, and the reasons for divorce put forward by the respondent do not meet the statutory divorce conditions stipulated in Article 32 of the Marriage Law of China, and the respondent does not agree to divorce.
2. Request to dismiss all the plaintiff's claims.
The reason for this is the following：
First, the relationship between the respondent and the respondent has not been completely broken, which does not meet the legal conditions for divorce, and the respondent's appeal grounds are completely unfounded.
(1) The relationship between the respondent and the respondent has not been completely broken, which does not meet the legal divorce conditions.
The Respondent and the Respondent were introduced by acquaintances in 20xx, and after two years of free communication, a love relationship was established. During the period of love, we were very happy together and confided in each other's family background. With the development of time, our feelings have been sublimated day by day. Both of them met their parents and left a good impression on them. The defendant also gave a bride price according to the custom and got the defendant's consent.
In May, 20xx, both parties registered their marriage, and then held a wedding banquet. After the marriage, the Respondent and the Respondent were customer-oriented, and their relationship was always harmonious. On April 20th, 20xx, Hiuke gave birth to a son, Jin Yi.
(2) The respondent and the respondent have a good emotional foundation.
The defendant and the defendant were introduced, fell in love for two years, got to know each other, and had a deep emotional foundation. The two sides have similar personalities and hobbies, and they can live in harmony before and after marriage, and their feelings are very good.
After two years of love, marriage must be the result of careful consideration.
Both parties have reached the legal age of marriage when they get married and have a deep understanding of each other. After marriage, they spent more than three years of happy life together.
These basic facts cannot be denied by the defendant.
(3) The Respondent and the Respondent have lived in harmony.
The defendant believes that it is not true that the defendant often quarrels after marriage in the complaint.
There have been quarrels, but they don't happen often. After marriage, the respondent and the respondent lived together in the respondent's home for more than a year. During this period, the parents and family members of the respondents treated me very well, treating me like my own son and brother, and never quarreled with their parents and family members.
During my stay, my family also helped me solve many problems, such as work problems, washing and cooking.
The defendant and his family cannot deny these facts.
(4) The respondent strongly disagreed with the divorce, so he did not make any defense on the issue of child support and property ownership.
Two, I urge the people's court to comprehensively consider the facts of the case, combined with the legal provisions, the judgment is not allowed to divorce the respondent.
1. The current situation of the relationship between the respondent and the respondent in this case is that although there are minor contradictions, it is a normal quarrel between husband and wife, which is far from the degree of complete breakdown of the relationship between husband and wife.
2. The respondent in this case has both the desire and the possibility of reconciliation.
From this perspective, the divorce between the defendant and the defendant in this case is just a normal husband and wife life. An episode of Symphony of Pots and Pots is a "threshold" that almost every couple may encounter.
The respondent believes that as long as the collegial panel can combine the facts of the case with the legal provisions, supplemented by patient and meticulous persuasion, it can resolve the "bump" between the respondent and help them cross this "threshold".
As a result, a family that should not have disintegrated was also maintained. Respondents are willing to give more tolerance and understanding, eliminate misunderstandings between them through communication, and are even more reluctant to see their young son hurt because of divorce, so that his son can live and grow up in a broken family from an early age.
To sum up, the respondent and the respondent have a deep emotional foundation, the relationship between husband and wife has not broken down, and there is no cause for divorce in the Marriage Law of the People's Republic of China, so the respondent does not agree to dissolve the marriage relationship with the respondent, so please dismiss the lawsuit according to law.
I am here to convey
Xx mining area people's court
Respondents:
Reply to the second divorce Article 2 Respondent: XXXXX
In the case of the respondent XXXX suing for divorce, the respondent put forward the following defense opinions:
1. What the defendant said is not true.
The relationship between the two sides has indeed broken down, and the defendant agreed to divorce.
1, the respondent claimed that the respondent made much ado about nothing at home, and often artificially created contradictions and frictions, which led to emotional breakdown.
In fact, the defendant and his family preferred boys to girls, and their family threatened to "have boys instead of girls". After the respondents gave birth to girls, they didn't prepare any children's products (including milk powder) at all, and the respondents and their families ignored them. Because she was a girl, she was very dissatisfied with the defendant's family, and the defendant ignored the defendant during confinement.
Instead of creating contradictions and leaving without saying goodbye, as the interviewee said.
2. The defendant did file a divorce lawsuit in 2009 because of emotional breakdown, but in the course of the lawsuit, the defendant threatened the defendant, and if divorced, it would hurt the defendant's family. The respondent and the respondent have no choice but to withdraw the lawsuit under the premise of the judge's work, but this does not mean that the respondent does not agree to dissolve the marriage relationship with the respondent. In fact, the respondent's behavior broke his heart and made him extremely disappointed.
3. The respondent's claim that he visited the respondent's home many times is not true.
Because the respondent had to go back to her parents' home, she only went there once and did not give her daughter any support. The defendant was ashamed of his responsibilities as a father, both emotionally and financially.
In this case, there are many differences between the Respondent and the Respondent in personality and life, but the Respondent is psychologically prepared and trying to do it, so it is not easy to form a family, and it needs to be considered for the other party, children and family. Therefore, the Respondent can endure and let nature take its course when living with the Respondent, so that the family can be harmonious and beautiful.
However, the behavior of the defendant and his family was very disappointing. The respondent prefers boys to girls, regardless of children, does not undertake the obligation of raising, insults the respondent and threatens the respondent's heart. The relationship between husband and wife has indeed broken down, and the defendant asked the court for a divorce.
Two, the legitimate girl XXX is raised by the respondent, and the respondent shall bear the maintenance expenses according to law.
For the healthy growth of children, the defendant asked to raise his daughter.
There are three specific reasons: first, the child has been raised by the respondent since birth and has adapted to the current lifestyle. Respondents prefer boys to girls, regardless of children, and living with him is not conducive to children's growth.
Second, the child is now less than two years old and needs the care of his mother in daily life, which is beneficial for girls to follow their mother in future life and physical education.
Third, the respondents have been running business for a long time and have no time to take care of their children. Children follow their lives without taking advantage of their healthy growth.
To sum up, considering the growth of children, it is more conducive to the growth of children to be raised by the respondents.
The respondent shall pay the maintenance fee.
Maintenance obligation is a legal obligation, and the expenditure of alimony is also a legal expenditure. Article 37 of China's Marriage Law After divorce, one party shall bear part or all of the necessary living expenses and education expenses for the children raised by the other party, and the amount and duration of the expenses shall be agreed upon by both parties. If the agreement fails, the people's court shall make a judgment.
An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
No matter which side the child is raised with, the other side should bear the cost of raising. Accordingly, the respondent shall pay the maintenance fee according to law.
Three, husband and wife * * * property division according to law.
After the two parties got married, the family house was renovated. According to the provisions of Article 17 of the Marriage Law, the following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
Provisions, request the court to divide the property of * * * according to law.
4. The respondent shall pay the respondent a subsidy for living difficulties 10000 yuan.
Respondents quit their jobs after marriage, take care of their families at home and have children, not for the sake of happy family life. It is impossible for the respondents to quit their hard-won jobs. The respondent did this out of trust in the respondent, and entrusted the rest of his life, even his own life, to his closest relatives.
However, things are unpredictable. Now the respondent is suing for divorce, and the respondent has no room and the economic conditions are relatively difficult. When divorcing according to Article 42 of the Marriage Law, if one party has difficulties in life, the other party should give appropriate help from his personal property such as his house.
Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
According to the regulations, the respondent shall pay the respondent a living allowance to tide over the difficulties and protect the legitimate rights and interests of the respondent as a woman.
To sum up, the respondent's defense opinions are for the reference of the collegial panel!
Defendant xxx, female, 19xx, born on xx, Han nationality, with the address of xxxxxxx.
Now I live in xxxxxxxx.
Contact telephone number xxxxxxxx.
Defendant xxx, male, 19xx, born on xx, Han nationality, with the address of xxxxxx.
Contact telephone number xxxxxxxxxx.
Your hospital has accepted the case of divorce dispute between defendant and defendant according to law.
The respondent now puts forward the following defense opinions on the defendant's prosecution:
The respondent's prosecution does not meet the statutory divorce conditions stipulated in the third paragraph of Article 32 of the Marriage Law, and the respondent does not agree to divorce the respondent.
First, the relationship between the two sides has not yet broken down, not to the extent of divorce.
(1) Both parties have a good marriage foundation.
Both parties are free to fall in love and get married, and the marriage foundation is good.
This point was recognized by the respondent (the respondent said in the complaint that "the relationship was ok at the beginning of marriage").
Although there are occasional quarrels because of trivial matters after marriage, it is inevitable that there will be quarrels in husband and wife's life.
As the saying goes, husband and wife "fight at the head of the bed and close the door at the end of the bed." You can't get divorced just because you have quarreled once or twice in your life, can you? What's more, the two sides have a son, which is the crystallization of their love and the true testimony of their feelings. How can you say that their relationship is broken?
(2) Both parties are remarried and have a deeper understanding of marriage. They should cherish this relationship and maintain their regained marriage.
Both parties have been married once, so it is not easy to remarry and start a family.
After the first marriage, both men and women should establish a stronger husband and wife life.
The fact that both sides can come together proves that both sides understand the importance of married life better.
The defendant insisted that the reason for divorce was nothing more than trivial matters.
What are the differences between the two sides? If it is really a disagreement, why should the respondent marry the respondent? This is just an excuse for the defendant to divorce without justifiable reasons.
Husband and wife live together, understand and tolerate each other, and share the responsibility of a family.
Both parties should stick to their second marriage and maintain this relationship, not to mention an important factor to maintain their marriage relationship-son xxx.
For the sake of children, we should also restore normal relationship between husband and wife.
Therefore, the court cannot determine that the relationship between the two parties has indeed broken down just because of personality differences, and cannot judge the divorce between the two parties.
Second, the divorce between the two parties is not conducive to the growth of the son.
(1) My son is still young and ill, and needs the care and care of both sides.
After marriage, both parties have a son-XXX.
A happy and complete family is a necessary condition for children's healthy growth, and a good family environment can bring children a sunny and upward growth mentality.
What's more, my son has just turned one year old, is still an infant, and suffers from congenital heart disease, which requires the care of both parents.
On the contrary, it will be unfavorable to the child's condition and seriously affect her daughter's medical treatment.
When a son grows up, his mind will also be full of gloom, which is not conducive to the growth of children.
Therefore, maintaining the marriage between the defendant and the defendant will make this family complete and happy, which is fundamentally conducive to the healthy growth of children.
(2) Once the court decides that both parties are divorced, it is appropriate for the son to be raised by the respondent.
After the birth of son xxx, the respondent was extremely cold and indifferent to his son. The respondent was responsible for his son's whole life, and the respondent failed to fulfill his guardianship duties as a father.
If the son is raised by him, it is not conducive to the healthy growth of the child.
In addition, xxx, the son of both parties, has just turned one year old and has not been weaned, and needs the care and love of his mother. Once the two parties divorce, it is inconvenient for him to be raised by the man from the perspective of benefiting the child.
However, the man must pay the necessary living, education, medical and other expenses.
To sum up, the Respondent believes that the claim filed by the Respondent has neither factual basis nor legal basis.
At the same time, considering the healthy growth of the child, the court is required to find out the facts and reject the defendant's claim.
I am here to convey
Xxx District People's Court of Beijing Municipality
Respondents:
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