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Can I be sentenced to divorce if I don't appear in court

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Can I be sentenced to divorce if I don't appear in court


        

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  • 2024-06-09 22:00:03

    Divorce will not be judged generally if they do not appear in court during divorce proceedings. Divorce cases have personal specificity and require the parties to appear in court. If a divorce case has an agent ad litem, he or she should still appear in court unless he or she cannot express his or her intention. It is a principle for both parties to a divorce case to appear in court to participate in the litigation activities of the people's court. If it is really impossible to appear in court due to special circumstances, written opinions must be submitted to the people's court. Where the plaintiff fails to appear in court without justified reasons, it shall be deemed that the lawsuit is withdrawn, and if the defendant files a counterclaim, it may make a judgment by default. If the defendant fails to appear in court without proper reasons, he may be summoned, and if he fails to appear in court after being summoned, he may make a judgment by default.
    Whether a divorce is decided depends on whether the couple's feelings are broken. The court should organize mediation. Mediation is invalid. If the couple's feelings are really broken, divorce should be granted.
    In addition, if one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted.
    Legal basis:
    Article 1079 of the Civil Code of the People's Republic of China
    If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed. Divorce shall be granted if mediation fails in any of the following circumstances:
    (1) Bigamy or cohabitation with others;
    (2) Domestic violence or maltreatment or desertion of family members;
    (3) Gambling, drug abuse and other bad habits persist in teaching;
    (4) Two years of separation due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife.
    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

    He***

    2024-06-09 22:00:03

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