At present, in the trial practice of divorce cases, when the defendant refuses to appear in court without justified reasons after being summoned, the court will generally close the case by default in accordance with Article 130 of the Civil Procedure Law. However, this is a mistake in the trial practice. The defendant in the divorce case who refuses to appear in court should be summoned to court.
 First of all, the second paragraph of Article 25 of the Marriage Law of China stipulates that "the people's court shall mediate in the trial of divorce cases. If the feelings have really broken down and the mediation is invalid, divorce shall be granted." It can be seen that mediation is the necessary procedure for the trial of divorce cases. The invalidity of mediation is the premise of divorce. The mediation is carried out face to face by the plaintiff and the defendant. If the defendant does not appear in court, the mediation will not be carried out. Therefore, except that the defendant's whereabouts are unknown, the defendant must appear in court to hear divorce cases.
 Secondly, because the trial of divorce cases is based on whether the relationship between husband and wife is completely broken, if the defendant does not appear in court, the judges can only hear the plaintiffs' one-sided statement, and can not comprehensively and objectively investigate the actual situation of the relationship between husband and wife, which easily leads to a wrong case.
 Thirdly, Article 100 of the Civil Procedure Law of China stipulates that "the people's court may compel the defendant who must appear in court to be summoned twice and refuses to appear in court without justifiable reasons." This legal provision provides a legal basis for the defendant who refuses to appear in court in divorce cases to apply forced summoning.
 Therefore, when hearing a divorce case, if the defendant is not missing but deliberately evades the court hearing, he/she should be forced to attend the proceedings by compulsory summoning according to law. In order to hear such divorce cases in a fair and lawful manner. It is worth mentioning that if the defendant is indeed missing, the mediation procedure can be canceled in the trial and the judgment can be made directly because it is objectively impossible to organize the mediation between the plaintiff and the defendant. The judgment basis is Article 12 of the Supreme Court's Several Specific Provisions on How People's Courts Decide that Couple's Feelings Have Really Broken in the Trial of Divorce Cases, which states that "if one party's whereabouts are unknown for two years, the other party files a lawsuit for divorce, and if it is found that there is no whereabouts by public announcement, divorce can be granted according to the law.