[Ma Peijie] -- Dali divorce lawyer

In divorce cases, often have parties refused to meet and each other in court, or because the work is busy, and other reasons not to appear in court, the sole agent of divorce lawyer. Then, the parties did not appear to be a divorce case?

Civil cases in general, in case there is a statutory agent or attorney to appear in court, the litigant does not appear to be. However, a divorce case has special provisions.

Divorce proceedings directly relates to the party's personal relationship, the couple affection rupture is the court for a divorce or not is an important factor. While the couple emotional subtle changes, even if there is a special authorization agent ad litem, also cannot understand and accurately express the parties in a particular environment will change. In order to safeguard the legitimate rights and interests of the parties in divorce proceedings, divorce law on whether the parties to make a more clearly defined.

"Civil Procedure Law" article62Article: "the divorce case of an agent ad litem, except those incapable of expressing themselves, still should be in court; it can not appear in court because of special circumstances, should submit written opinions to the people's court." Accordingly, under normal circumstances, the parties shall appear in court in divorce proceedings I. If it is unable to appear in court in special circumstances, must submit written opinions to the people's court, the court according to the objective situation confirmed whether they can not go to trial. Specific content can be interpreted as follows:

(1) divorce cases the parties may entrust an agent ad litem to participate in the proceedings;

(2) can express the will of the full capacity of the parties shall participate in litigation divorce court. Can't express no behavior will ability can not divorce parties in court, the legal representative or agent ad litem to participate in the proceedings;

(3) can express the will of the full capacity of the divorce parties in special circumstances can not appear in court, may entrust an agent ad litem appear in the proceedings, but must submit written comments on the content of the divorce court.

The law in principle, allow exceptions. For can not express the will of the parties, not only can not appear in court, but do not need to submit written opinions; and for the court not because of special circumstances, the parties must agreeDivorceThe written comments submitted to the people's court.

What is unable to appear in court"Special circumstances"Yet, law and judicial interpretation is not clearly defined. In the judicial practice, for example, the parties are suffering from an infectious disease, or are foreign inconvenience personally present and so on, according to the concrete analysis of concrete problems, by the judge.

Therefore, the litigation divorce cases, under normal circumstances, the parties concerned shall appear in court. Lawyers authorized only general authorization, but not commissioned. For the special case, did not appear in court, the parties may entrust an agent ad litem appear in the proceedings, but their attitudes towards marriage must personally to the court made clear that literally.

Smell speech hearing, pen Yuan Ming; trust, loyalty affairs; the interpretation of the law, arguing; Hung Yi Jian, stand up for what is right; human right, as bright as sun and moon; the conflict law, Good prevails over evil! [Yunnan (Dali) famous scholar expert lawyer, lawyer Ma Peijie: 13508724904]