Enquiring knowledgeable people Inquisitive education Hospital Treasury

What to do if the divorce party intentionally delays

home page

What to do if the divorce party intentionally delays


        

Submit answer
Favorable reply
  • 2024-06-24 11:00:57

    1. According to the provisions of Article 62 of the Civil Procedure Law, if there is an agent ad litem in a divorce case, the person shall still appear in court, except for those who cannot express their will; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
    The so-called "special circumstances" here refer to:
    (1) Due to the physical conditions of the person concerned, such as hospitalization due to illness, old age and infirmity, difficulty in movement, etc;
    (2) It is really difficult to appear in court because he cannot leave due to working relationship or is far away from home.
    Under these circumstances, the party who does not appear in court must submit to the court written opinions on whether to leave or not to leave, as well as on issues such as property and child rearing.
    In addition, what is the consequence of the plaintiff's failure to appear in court?
    (1) If the plaintiff does not appear in court in person, the court will treat it as withdrawal. Within 6 months after the withdrawal of the lawsuit, the plaintiff has no right to sue for divorce again on the same ground (divorce by agreement and divorce by the defendant can be sued);
    (2) If the plaintiff is absent in a divorce case, the defendant counterclaims and makes a judgment by default.
    Article 143 of the Civil Procedure Law stipulates: "If the plaintiff refuses to appear in court without justified reasons after being summoned, or if he withdraws from the court midway without the permission of the court, the case may be dismissed. If the defendant counterclaims, the case may be judged by default".
    (3) In divorce proceedings, the defendant shall attend the proceedings in court.
    2. Article 144 of the Civil Procedure Law stipulates that "if the defendant refuses to appear in court without justified reasons after being summoned, or if he withdraws from court halfway without the permission of the court, he may make a judgment by default".
    In the practice of divorce litigation cases, because only the plaintiff takes part in the litigation, it is very likely to damage the defendant's marriage rights and bring passive and serious adverse effects to the trial work. The main drawbacks are: some plaintiffs know the whereabouts of the defendant but deliberately do not provide the whereabouts of the defendant in order to achieve their personal purposes; The court lacks effective substantive review on whether the defendant's whereabouts are unknown; It is impossible to find out whether the real feelings between husband and wife in a divorce case have broken down. Once the defendant appears, he often disagrees with the judgment result. In order to solve this contradiction, the following measures can be taken in judicial practice:
    Both announcement methods are applicable. "For service by public announcement, a public announcement can be posted on the notice board of the court, the original address of the person to be served, or published in a newspaper; if there are special requirements for the way of service of the public announcement, a public announcement should be made in the required way. When the public announcement expires, it will be deemed as service." In trial practice, when a divorce case is served by public announcement, a notice of service can be published in a newspaper at the same time, Post a notice on the bulletin board at the residence of the plaintiff and the defendant's immediate family, the neighborhood committee, village committee and other public gathering places. If the defendant's whereabouts are indeed unknown, the default judgment will not have adverse consequences; If the plaintiff conceals the truth, the defendant's immediate relatives and relevant relatives and friends will try to notify the defendant; If the husband and wife create the illusion that one party's whereabouts is unknown, the neighborhood committee, village committee or its creditors of the original defendant's residence can report the relevant situation to the people's court, which can prevent the parties from evading the law through fake divorce.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):