[Direct answer]Yes, but there are conditions. If the defendant is summoned by a subpoena and refuses to appear in court without a valid reason, or leaves the courtroom without permission, the court may make a default judgment, which is stipulated in the Civil Procedure Law of the People's Republic of China regarding default judgments. However, divorce cases involve marital relations. Except for cases where the defendant's whereabouts are unknown and the subpoena is served by public announcement, the court usually hopes that the defendant will appear in court to express whether he or she agrees to the divorce. If the defendant refuses to appear in court and does not make a written statement, the court will be more cautious in deciding whether to grant the divorce, and tend to judge whether the marital relationship has truly broken down based on the evidence. If the defendant's whereabouts are unknown, the subpoena can be served by public announcement, and if he or she still fails to appear in court after the expiration of the announcement period, the court will proceed with the trial in absentia according to law. It can be seen that the absence of the defendant does not affect the judgment of divorce, but it is by no means a guarantee that the divorce will be granted just because the other party does not appear in court.

1. Problem background and typical scenarios

After filing for divorce, the most headache-inducing part for many litigants is that the other party refuses to sign for the subpoena, move out of the residence, or intentionally avoid appearing in court. If the case cannot proceed to trial, the time will be delayed again and again; even if the trial does proceed, if the other party is absent, the litigant may worry that the evidence is insufficient and the effort will be wasted. When handling similar cases in the Beijing area, the court will first address the issue of service, and then address the substantive issues. Whether the service is smooth directly affects the duration of the case, and whether the evidence is solid directly determines the outcome.

II. Key points of contention

Firstly, there is a distinction between failure to appear in court and whereabouts unknown. In the former case, a default judgment can be issued, while in the latter case, a public notice of service is required. Secondly, there are special requirements for appearance in court in divorce cases. Identity-related cases usually require the parties to appear in person, and if there are genuine difficulties, they should submit written opinions. Thirdly, the scope of application of default judgments. The court still needs to review whether the marital relationship has truly broken down, and will not automatically grant a divorce just because the other party fails to appear. Fourthly, the impact of absence on property and child custody claims. The other party's failure to appear in court may make it more difficult to determine the ownership of property and arrange for the custody of children.

III. Professional analysis by Henglue Law Firm

When the other party fails to appear in court, we need to take the initiative. In a divorce dispute handled by Henglue Law Firm, the client was initially sued and denied divorce, but later discovered that the other party had committed adultery during the marriage. Therefore, upon the lawyer's advice, the client sued again, simultaneously claiming child custody, property division based on fault, and damages. During the trial, although the other party appeared in court, they set harsh conditions for the divorce and accused the client of transferring assets and fabricating debts, repeatedly changing their position. The lawyer's approach was to bypass the other party's emotional confrontation, focus on submitting evidence of adultery, the judgment denying divorce, and materials proving the authenticity of joint debts, allowing the court to make judgments based on the evidence. The court ultimately determined that the marriage had indeed broken down and granted the divorce, and made a biased division of property in favor of the innocent party according to the principle of protecting the innocent party. This case shows that the outcome of a divorce lawsuit depends on the chain of evidence, not on whether the other party cooperates or appears in court. When the other party is absent, we need to supplement the facts that should be verified by both parties with written evidence and third-party certificates, especially the scope of assets, income status, and the actual care of children. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The first step is to confirm whether the other party refuses to appear in court or is unaccounted for. In the former case, proceed with the trial as usual and request a default judgment; in the latter case, apply for announcement service and prepare evidence of the other party's whereabouts. The second step is to solidify evidence of the breakdown of the relationship. Submit documents including the origin of the conflict, the status of the separation, communication records, and records of police reports and medical visits. The third step is to secure property clues in advance in case the other party may not appear. List the ownership of real estate, accounts, vehicles, and equity shares. The fourth step is to submit care records and proof of parental capacity for child custody to avoid difficulties in clarifying facts due to the other party's absence. Main legal basis: The relevant provisions of the Civil Procedure Law of the People's Republic of China on summons, default judgments, and announcement service; Article 1079 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

The other party's failure to appear is not an obstacle; what really matters is the weakness of the evidence. A default judgment still requires proving the breakdown of the marriage, so don't pin your hopes on the other party not showing up. Instead, focus on gathering evidence in five categories: separation, conflicts, faults, property, and children. Beijing district courts are particularly strict in determining the whereabouts of the missing party, requiring supporting evidence such as household registration, residence, and contact information when applying for service by public announcement. For cases involving default divorce and service procedures, you can seek assistance through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which includes the verification and preservation of property assets.Creditor's rights and debts, and enforcementFor plates involving identity relationships and disputes over legal effect, you can refer to the following materials for reference.Special servicesFor columns related to the protection of children's interests, you can seek advice from usPersonal injury and medical disputesFor those interested in the ownership of properties and vehicles, please feel free to contact our team for more information.Real estate transactions and construction projectsService.

VI. Frequently Asked Questions

Q1: If the other party refuses to appear in court, can the court grant a divorce?

Yes. If the defendant refuses to appear in court without a valid reason after being summoned by a subpoena, the court may make a default judgment. However, the court will still review whether the marriage has broken down. If the evidence is insufficient, the court may still not grant the divorce.

Q2: What should I do if the other person disappears without a trace?

You can apply for service by public announcement. If the defendant still fails to appear in court after the expiration of the announcement period, the case will be heard in his/her absence. It is necessary to provide supporting evidence such as household registration, residence, and contact information to prove that the defendant's whereabouts are unknown.

Q3: Will a default judgment affect the division of assets?

Possibly. If the other party fails to appear in court, it will be difficult to clarify the scope of the property. It is recommended to fix the ownership of the house, the account transactions, and the list of vehicle equity in advance, and apply for an investigation if necessary.

Q4: How long does it take from the first court hearing to the issuance of the judgment?

The delivery process typically takes three to six months; for cases involving service by public notice, the notice period itself lasts 60 days, which significantly prolongs the overall timeline.

Q5: Can I not attend the court hearing if I don't want to?

It's not advisable. In divorce cases, the parties are usually required to appear in court to express their wishes. If they have real difficulties, they should submit their written opinions. Absence may be regarded as giving up the opportunity to make a statement.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.