A divorce case the defendant does not appear in court to do

    In a divorce case, the defendant does not appear to have two kinds of cases, should be treated respectively. The first is One's whereabouts is a mystery. for two years, by notice served a copy of the indictment, the court summons not appear involved; the second is the court summons, without justifiable reasons not to appear in court to answer.

    First, the court in the absence of the trial, the marriage relationship is removed to make a judgment by default. Basis is the Supreme People's Court on the application "PRC Civil Procedure Law" opinions on several problems of 151st rules: one of the spouses One's whereabouts is a mystery., the other party to the people's court for divorce, only, not for a declaration of One's whereabouts is a mystery. people dead or missing in the case, the people's court shall accept the whereabouts, not celebrities with notice of litigation documents.

Second, usually the plaintiff asked verdict on marriage, parenting and family property, the defendant did not appear in court on the facts of the case review usually not clear, so the plaintiff does not give up the situation of lawsuit request on child rearing and the division of matrimonial property, not by default judgment by default. Basis is: on the application of the "PRC Civil Procedure Law" opinions on several problems of the ninety-third parties to the case of divorce, special circumstances can not appear in court for mediation, unless I can not express the will, shall issue written opinions. The civil litigation, 100th, the people's court to the defendant is required to appear in court, after two summons, refuses to appear in court, can be said to.