Divorce summons, can the parties not accept it if they are not at home?

The summons shall be sent directly to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt.

According to the Civil Procedure Law of the People's Republic of China:

Article 84: The service of litigation documents must have proof of service, and the person to be served is to indicate the date of receipt and sign or affix a seal on the receipt of service.

The date of receipt signed by the recipient on the receipt of service is the date of delivery.

Article 85:The service of litigation documents shall be directly delivered to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt.

The date on which the recipient's adult family members residing with the recipient, the person responsible for receiving the documents of a legal person or other organization, the person in charge of the litigation or the person receiving the service on behalf of the person receiving the document is the date of service.

Article 86: Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them may invite representatives of the relevant basic-level organizations or units to appear, explain the circumstances, and indicate the reason and date of refusal on the proof of service, and have the person serving or witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation documents at the residence of the person to be served, and use methods such as photographs or videos to record the process of service, which is deemed to have been served.

Article 87: With the consent of the person to be served, the people's courts may use fax, e-mail, or other methods to confirm their receipt of litigation documents, except for judgments, rulings, and mediation documents.

Where the methods in the preceding paragraph are used, the date of delivery is to be the date on which the fax, e-mail, and so forth arrive at the recipient's specific system.

Article 88: Where it is difficult to directly serve litigation documents, other people's courts may be retained to serve them on their behalf, or service may be mailed. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery.

Article 89: Where the recipient is a soldier, it is to be transferred through the political organ of the unit at or above the regimental level to which he belongs.

Article 90: Where the person to be served is imprisoned, it is to be transferred through the prison where they are located.

Where the recipient is subject to compulsory education measures, it is to be transferred through the compulsory educational institution to which they belong.

Article 91: After receiving the litigation documents, the organ or unit that transferred them on their behalf must immediately hand them over to the person receiving the service to sign for receipt, and the date of receipt on the receipt of the service receipt is the date of service.

Article 92: Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served.

Where the public notice is served, the reasons and process shall be noted in the case file.

You can't put it, this can only be done if the party concerned takes it.

Legal analysis: The parties to the divorce summons cannot refuse to accept it if they are not at home. If a party refuses to sign the court summons, the court may give the summons to an adult immediate family member living with the party to sign for receipt; If both the parties themselves and their immediate family members living with them refuse to sign for the summons, the court may serve the summons by way of lien or public notice.

Basis of the Law of Law Sales: Article 9 and 12 of the Civil Procedure Law of the People's Republic of China provide: If the whereabouts of the recipient are unknown, or it cannot be served by other means specified in this section, the public announcement shall be served.

Sixty days from the date of issuance of the announcement shall be deemed to have been served. Where the public notice is served, the reasons and process shall be noted in the case file.

If the other party suing for divorce does not accept the summons, the court will make a public notice to serve it, and if the other party does not appear in court at the end of the notice period, the court may conduct a custodial summons. If the whereabouts of the other party are unknown and cannot be found, the court may make a default judgment.

Legal basis] Article 109 of the Civil Procedure Law of the People's Republic of China: Where a people's court refuses to appear in court without a legitimate reason after being summoned twice by summons, it may be custodial summons.

Legal analysis: If the other party suing for divorce does not accept the summons, the court will make a public announcement to serve the suspect, and if the other party does not appear in court at the end of the notice period, the court may conduct a custodial summons. If the whereabouts of the other party are unknown and cannot be found, the court may make a default judgment.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 100 and 9: Where a defendant who must appear in court is summoned by two summonses and refuses to appear in court without a legitimate reason, the people's court may custodial summons.

1) Generally not. Because if you do not accept the summons from the court, the court can directly divorce in default in accordance with Article 130 of the Civil Procedure Law. Such a verdict would be detrimental to the absentee.

2) Article 143 of the Civil Procedure Law:

1. Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant makes a counterclaim, a judgment may be rendered in absentia.

3) Article 144:

1. 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.

1. The method of service of the court summons.

1) Direct service, also known as delivery service, refers to the method of sending and rounding up in which the people's court appoints a special person to directly deliver the litigation documents to the person to be served for signature. Direct delivery is the most basic of the delivery methods. That is to say, where it can be served directly, it should be served directly to prevent delay in litigation and ensure the smooth progress of the litigation process.

2) "Service by retention in custody" refers to a method of service in which the recipient unreasonably refuses to accept litigation documents, and the person serving them places the litigation documents at the recipient's residence in accordance with law and produces the legal effect of service.

3) "Entrusted service" refers to entrusting another people's court to serve the litigation documents on behalf of the people's court responsible for hearing the civil case when it has difficulty directly serving the litigation documents. Entrusted service has the same legal effect as direct service.

2. What should I do if the divorce summons is not accepted?

1) If the divorce summons is not accepted, service in lien may be applied, and if the first summons does not participate in the trial, the people's court will make a second summons, and after being summoned by two summonses, the people's court will conduct a custodial summons without a legitimate reason.

2) On the basis of article 86 of the "Civil Procedure Law", where the person to be served or his adult family members living with him refuse to receive litigation documents, the person serving them may invite representatives of the relevant basic level organizations or units to appear to be present, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or the witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served.

3) Article 109 stipulates that a people's court may custodial a defendant who must appear in court and refuses to appear in court without a legitimate reason after being summoned by two summonses.

In divorce proceedings, the other party will not accept the summons, and the court will rule in absentia. According to the relevant laws and regulations, after one party files a divorce lawsuit, the court accepts it in accordance with the law, and at the time of notification, if the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or withdraws from the court without the permission of the court, a judgment in absentia may be rendered in absentia.

Legal basisArticle 109 of the Civil Procedure Law.

Where a defendant who must appear in court is summoned by two summonses and refuses to appear in court without a legitimate reason, the people's court may issue a custodial summons.

Article 144.

Where the defendant is summoned by a 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.

If the defendant does not accept the summons from the court, the court can directly grant a divorce in default in accordance with Article 144 of the Civil Procedure Law. After the court files the case, it will first summon the defendant, and the plaintiff will be notified only after notifying the defendant, and the current practice of the court is to first notify the defendant, if the notice is not served by direct service, lien service, entrusted service, and mailing Honglun can not be served by means of litigation, and finally the public notice is served, and the public notice service refers to the service of the summons by publication from the date of the announcement, after 60 days, it is deemed to be served.

If the defendant does not receive the summons, the court can still hear the case and make a judgment in absentia in accordance with legal procedures. Therefore, whether or not the defendant appears in court, it does not affect the trial of the case. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, a default judgment is applicable to the following situations:

1. The plaintiff does not appear in court or withdraws from the court in the middle of the court, and the defendant submits a counterclaim; 2. The defendant is summoned by a summons and refuses to appear in court without a legitimate reason, or leaves the court without the permission of the court; 3. Where the 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; 4. The legally-prescribed ** person of the defendant who lacks the capacity for civil conduct refuses to appear in court without a legitimate reason after being summoned by summons;

Legal basis

Article 144 of the Civil Procedure Law of the People's Republic of China: Where a 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.