After a party has entrusted an agent ad litem and issued a power of attorney, he or she may not attend the court hearing. Article 62 of the Civil Procedure Law stipulates that 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.
As we can see from the above, the Civil Procedure Law has made special arrangements for litigations involving identity relationships to be in court, because the personal rights are closely related to the person of the parties, especially the marriage relationship. If the judge does not participate in the court hearing, the judge often cannot find out the facts of the case on substantive issues such as whether the relationship between husband and wife has really broken down. In order to better protect the legitimate rights and interests of the parties and to smooth the trial activities, the law has this setting.
Is there any exception allowed by the law? If the plaintiff and defendant of the divorce case can't participate in the litigation activities due to objective reasons, can they get the "grace" of the law
The answer is yes. Article 62 of the Civil Procedure Law stipulates the obligation of the parties to the divorce proceedings to appear in court, and at the same time, an exception is allowed, that is, if the parties are really unable to appear in court due to special circumstances, they must submit written opinions to the people's court
Article 62 of the Civil Procedure Law of the People's Republic of China
If there is an agent ad litem in a divorce case, he or she shall still appear in court, unless he or she cannot express his or her intention; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.