Can the parties to the second biological divorce case not appear in court?

According to the provisions of China's law, in a civil case, if a litigant entrusts a person with full powers, he or she may not appear in court to participate in the litigation.

However, due to the special nature of divorce cases, which are cases that resolve the identity relationship between the parties, the parties should appear in court in person to state their views. For example, whether the relationship between the husband and wife has broken down, whether the divorce is agreed to, and the division of property involves the personal and property rights and interests of the parties, and the parties must truly express their intentions before the court can handle it in accordance with the law.

And according to the law, the court must mediate in divorce cases, and the judgment can only be made if mediation cannot be reconciled.

Therefore, in principle, except in special circumstances, the person must appear in court in a divorce case.

Even if the parties have appointed a person with full powers, they shall appear in court. However, if one of the parties is unable to appear in court under special circumstances, this can be written in advance to agree to the divorce, and the ** person will submit it to the court at that time.

Article 62 of the Civil Procedure Law stipulates 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 will; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.

In accordance with the law, parties to divorce cases shall appear in court except for special reasons.

A person may be appointed to appear in court.

Legal analysis: It is not necessary to appear in court, and if there is a litigant in a divorce case and is unable to appear in court due to special circumstances, he may not appear in court, but he must submit a written opinion to the people's court. According to the relevant legal provisions on pre-disturbance, defendants who have the obligation to support, nurture, or support and who are unable to ascertain the facts of the case without appearing in court are defendants who must appear in court, and where they are summoned twice and refuse to appear in court without a legitimate reason, they may be summoned by custodial summons.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 62 Article 1 If there is a lawsuit in a divorce case, the person shall still appear in court except for Zhao Repentance, who cannot 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.

Supreme People's Court Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China" Article 174:Defendants who must appear in court as provided for in article 109 of the Civil Procedure Law refer to defendants who have the obligation to support, raise, or support and who are unable to ascertain the facts of the case if they do not appear in court. People's courts may custodial summons plaintiffs who must appear in court to ascertain the basic facts of the case, and refuse to appear in court without a legitimate reason after being summoned twice by summons.

Legal analysis: Under normal circumstances, divorce cases must be mediated, and if one party does not appear in court, the court should generally treat it with caution, and it is generally not appropriate to make a default judgment, except for cases where the public notice is served.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 62: Where there is a litigant in a divorced sedan chair marriage case, the person shall still appear in court except for those who are unable to express their will; 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 100: People's courts may issue custodial summons for defendants who must appear in court, and are summoned twice by summons, but refuse to appear in court without a legitimate reason.