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How to deal with divorce without the other party appearing in court

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How to deal with divorce without the other party appearing in court


        

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  • 2024-06-24 14:01:41

    1、 If the other party does not appear in court, the divorce case can be handled in two ways:
    (1) I really do not want to appear in court to participate in the proceedings, but I made a written statement to the court. In accordance with the provisions of Article 93 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, it may be decided by default according to law.
    (2) I neither want to appear in court to answer the lawsuit nor issue a written divorce opinion to the people's court. For the parties to this kind of divorce case, the defendants who must appear in court according to Article 112 of the judicial interpretation can be the defendants who must appear in court according to Article 100 of the Civil Procedure Law, because the parties to this kind of divorce case have the obligation to raise children and cannot find out the relevant case without appearing in court, Therefore, if he refuses to appear in court after being summoned twice, he may be summoned to participate in the proceedings according to law.
    2、 Article 100 of the Civil Procedure Law stipulates that "the people's court may compel a defendant who must appear in court to be summoned twice and refuses to appear in court without justified reasons."
    According to Article 144 of the Civil Procedure Law, if the defendant refuses to appear in court without justified reasons after being summoned, or withdraws from court midway without the permission of the court, the court may make a judgment by default.

    q***

    2024-06-24 14:01:41

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