What will happen if the divorce party doesn t go to court?

What you want to ask is whether you need to go to the divorce in person, and what is the impact if one of the spouses** does not go? First of all, the plaintiff who chooses to file a divorce will generally actively participate in the trial activities. Since divorce proceedings involve the relationship between husband and wife, even if the plaintiff appoints a lawyer, the plaintiff should still appear in court in person.

Otherwise, the court may dismiss the lawsuit. This is because the dissolution of the marriage relationship depends largely on whether the relationship between the plaintiff and the defendant has broken down. What the emotional status of the original defendant is and whether there is an emotional basis, except for the original defendant himself, third parties, including ** lawyer, cannot fully know.

A large amount of information obtained by the lawyer comes from one side of the party, and it is impossible to have a comprehensive understanding of the real situation, and if there is no statement from the plaintiff himself, the person cannot state and speak on the specific facts at all, so it is difficult to find out the facts of the case. On the other hand, if the defendant** does not attend, the court will give a default judgment. In practice, if the defendant does not appear in court in the first divorce lawsuit, the court generally decides not to divorce in absentia, and in the second divorce lawsuit**, even if the defendant does not appear in court, the court can also grant a divorce based on the evidence provided by the plaintiff.

Therefore, as a defendant in a divorce lawsuit, it is also recommended to collect relevant evidence and actively prepare to respond to the lawsuit, otherwise it will not be possible to fight for their rights and interests in terms of property division and child support, and even if the defendant does not appear in court, the court can make a divorce judgment. Legal basis: Article 62 of the Civil Procedure Law of the People's Republic of China provides that if there is a litigant in a divorce case, the person shall still appear in court unless he or she is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.

Article 143 of the Civil Procedure Law of the People's Republic of China Where a plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia. Article 144 of the "Civil Procedure Law of the People's Republic of China" provides that 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.

It is enough to sign a divorce agreement.

Legal Analysis:1According to the law, if the plaintiff sues for divorce, the court shall serve the complaint on the defendant in accordance with the law, and the defendant shall reply within 15 days, and the failure to reply will not affect the court's trial.

Where the court serves a summons on the defendant in accordance with law, or 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. 2.In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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 their opinions 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 initiate divorce proceedings in 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 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.

There are two main situations in which the defendant fails to appear in court in a divorce case:

The first situation is that the defendant is in a state of "disappearance" when the plaintiff sues for divorce, that is, the plaintiff is unable to contact the defendant by his own strength;

In the first case, after the plaintiff sues the defendant, the court can notify the defendant to be targeted, and the defendant does not appear in court to participate in the lawsuit after receiving the summons.

In the first case, the plaintiff was unable to locate the defendant when he sued:

There are often cases in life where the husband and wife have not been in touch for many years, and the parties have been separated for more than two years. It should be noted that although the parties do not live together, they are still legally husband and wife, and they can divorce through litigation if they cannot get in touch and negotiate a divorce.

1. You can first declare your disappearance and then sue for divorce, and the court may make a judgment to grant the divorce.

2. The people's court shall accept the default judgment and announce the service of the litigation documents on the defendant.

In the second case, the defendant does not appear in court to participate in the lawsuit after receiving the summons

In a divorce case, one party wants to get out of the misery through litigation, but the other party ignores it, does not cooperate with mediation, and does not appear in court to participate in the litigation.

For defendants who must appear in court, where the defendant has been lawfully summoned twice and refuses to appear in court without a legitimate reason, they may be summoned by custodial summons. It is also possible to be tried in absentia. The defendant's failure to appear in court is regarded as a waiver of his right to litigate, and the plaintiff's interests should also be protected.

The first time you sue for divorce, the court may not grant you a divorce. However, after suing for divorce for the second time, the court may also grant a divorce to the original defendant in the absence of the defendant.

How to deal with the divorce party who sues for divorce and does not go to court: the court will mediate in accordance with the law, and if it cannot mediate, and it is confirmed that the relationship between the two parties has broken down, it will make a judgment to grant the divorce to both parties. And for the judgment result, it may be decided in absentia.

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

Civil Procedure Law of the People's Republic of China

Article 109.

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.

Civil Procedure Law of the People's Republic of China

Article 144.

Where the defendant is summoned by summons and refuses to appear in court without justifiable reasons, or leaves court without the court's permission, the default judgment may be revoked.

If the other party sues for divorce and does not go to court, the court may take compulsory measures such as a custodial summons to appear in court or impose a default judgment. Because divorce cases require both parties to appear in court in order for the court to determine whether the relationship between the husband and wife has broken down, the division of property, and the support of children, both parties should appear in court in accordance with the law.

[Legal basis].Article 109 of the Civil Procedure Law.

Where a defendant who must appear in court is summoned twice by summons, and refuses to appear in court without a legitimate reason, the court may be summoned by custodial summons.

Article 144 of the Civil Procedure Law.

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.