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What is the procedure for the defendant's disappearance and divorce

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What is the procedure for the defendant's disappearance and divorce


        

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  • 2024-06-24 07:00:57

    According to Article 151 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, "If one spouse's whereabouts are unknown and the other party brings a lawsuit to the people's court, the people's court shall accept the case of divorce only and not apply for declaring the missing or dead of the missing person, and serve litigation documents on the missing person by public announcement." According to the provisions of Article 84 of the Civil Procedure Law of China: "If the whereabouts of the addressee is unknown, or cannot be served by other means of service specified in this section, the service shall be made by public announcement. Sixty days from the date of the public announcement shall be deemed as service." If the defendant does not appear in court and does not respond to the lawsuit within the hearing time specified by the court, the court can hear by default and make a judgment by default. In other words, it is not necessary to declare disappearance or death, but it is also possible to sue for divorce, and it is also possible to judge divorce.

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