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The woman sued for divorce and the man did not appear in court

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The woman sued for divorce and the man did not appear in court


        

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  • 2024-06-25 23:00:57

    1. If the wife brings a lawsuit for divorce and the defendant refuses to appear in court, the court may pronounce a judgment by default. Otherwise, the court will be required to decide not to grant divorce and sue six months later. Otherwise, six months later, the court will decide not to grant divorce when suing for divorce, and another six months will be required.
    2. Article 130 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".
    3. 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:
    (1) Both announcement methods are applicable.
    (2) Clarify the standard of proof of missing persons.
    (3) Carefully divide the common property.

    Yes***

    2024-06-25 23:00:57

  • civil Relevant knowledge

  • law

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