How to go through the divorce procedure if the other party does not show up

Hello, the other party does not appear in court, and the court will make a default judgment if the conditions are met.

The procedures for divorce without showing up are as follows: the first party can file a lawsuit with a court of competent jurisdiction, and it is generally necessary to provide the defendant's domicile, habitual residence and other mailing addresses; Where the court decides to accept the case in accordance with law, it may serve the prosecution materials through means such as public announcements; In the course of the court's trial, if the defendant is summoned by summons and refuses to appear in court without justification, a judgment may be rendered in absentia.

[Legal basis].

Article 143 of the Civil Procedure Law.

Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or withdraws from court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be made in absentia.

Article 144.

Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.

Article 145.

Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the civil court is to rule on whether or not to allow it.

Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

Sue for divorce without the consent of the other party. If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. If a man or a woman requests a divorce, the relevant departments may mediate 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: first, bigamy or cohabitation of a spouse with another person; second, committing domestic violence or abusing or abandoning family members; Third, those who have bad habits such as gambling and drug abuse that they have repeatedly been taught; Fourth, they have been separated for two years due to emotional discord; Fifth, other circumstances that lead to the breakdown of the relationship between the husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

If it can be proved that the relationship between the husband and wife has indeed broken down, even if the other party does not show up, the court will issue a divorce decree.

1. The Civil Code stipulates that if the wife is homosexual, can a husband ask for a divorce?

If the relationship breaks down, it can seep through to ask for a divorce. If a man or a woman requests a divorce, the relevant departments may mediate 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

2. Can my wife get a divorce if she is mentally ill?

Yes, whether or not to divorce mainly depends on whether the relationship between the husband and wife has broken down, and if one of the men and women requests a divorce, the relevant departments may mediate 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances of banquets that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Lawyers' Division:

If the divorced party does not show up, the court may make a default judgment if the defendant does not appear in court, and if the plaintiff does not appear in court, the court will handle it as withdrawing the lawsuit. If the defendant does not appear in court, if the court finds that the relationship between the parties has indeed broken down, it may make a default judgment to grant the divorce.

[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 authority.

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 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 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 the 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The parties to the divorce cannot be divorced if they do not come forward, because in the process of divorce, both parties must have a divorce agreement, and both parties must sign it in person, which cannot be replaced by others, so only the parties must go to the Ministry of Civil Affairs to handle it in person.

One party can unilaterally sue for divorce, but cannot go to the Civil Affairs Bureau alone to apply for divorce. If the relationship between the husband and wife breaks down or one party has gambling or other vices, the other party may file for divorce at the place where the other party is registered or habitually resided.

No, do you have a divorce by mutual agreement? How to divide the property, who owns the custody of the child, etc., all need to be questioned and recorded by the judge in person, unless the parties cannot be contacted for several years or have been separated for more than three years. But these need to be proven.

After reading this question, I feel a little like laughing, who does the divorced party not come forward to divorce? For divorce, the two parties must go to the Civil Affairs Bureau to go through the divorce procedures together, and one party cannot be divorced if he does not come forward. Yesterday I heard a story that the husband and wife wanted to divorce, and when the wife went to the Civil Affairs Bureau, she always lost everything, forgetting the procedures that should be brought with her hands, and the index finger was a procrastination strategy that she didn't want to divorce, so that the husband could change his mind.

Marriage is not child's play, divorce should be more cautious, if there are children divorced to the children the most harmful, husband and wife should not only consider their own feelings, both from their own to find the reason, can not divorce or not divorce, with whom there will be this or that problem, think twice.