[Direct answer]In principle, the parties should appear in court in person. According to the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), in divorce cases where the parties are represented by litigation agents, the parties themselves should still appear in court unless they are unable to express their intentions; if they are truly unable to attend court due to special circumstances, they must submit written opinions to the people's court. The reason is that divorce involves the dissolution of marital relations, child custody, and whether the marital relationship has broken down, which requires the judge to hear the parties' true intentions in person. Therefore, even if the parties have appointed lawyers, refusing to appear in court without a valid reason may still lead to unfavorable consequences; if there are objective reasons preventing them from attending court, they should explain the situation to the court in advance and submit written opinions and supporting materials to obtain approval.

1. Problem background and typical scenarios

Many litigants hope to entrust lawyers with full authority to handle their divorce cases without appearing in court themselves, but this actually violates legal regulations. There are three typical scenarios: first, the litigants work or live in other cities or abroad, and the cost of traveling back and forth is high; second, they are worried about having conflicts with the other party in person and hope to avoid confrontation in court; third, their physical condition does not allow them to travel long distances. In the judicial practice of the Beijing area, the court has stricter requirements for the litigants' appearance in divorce cases. Especially on key issues such as whether to agree to divorce, child custody arrangements, and property division opinions, the court prefers to hear the litigants' statements in person.

II. Key points of dispute

First, whether divorce cases belong to the types of cases where the parties must appear in court in person. Second, what constitutes being unable to express oneself or having special circumstances. Third, what materials should be submitted and how to obtain permission when unable to attend court. Fourth, what impact does the failure of the parties to appear in court have on the judgment outcome. Fifth, what matters can be handled by lawyers and what procedures cannot be replaced by lawyers. The core is to translate the particularity of the identity relationship into actionable rules for court appearances and explanations.

III. Professional analysis by Henglue Law Firm

When handling divorce cases, Henglue Lawyers have formed the following experience regarding the issue of appearing in court. Firstly, rule positioning. Divorce cases involve identity relationships and the parties' true intentions, and the law clearly stipulates that the parties should appear in court in person, and agents cannot completely substitute for them. Secondly, exception channels. If the parties are abroad, hospitalized with serious illness, or face other objective obstacles, they should submit a written application and supporting materials to the court in advance, such as passport visas, entry-exit records, hospitalization certificates, and residence certificates, and attach their written opinions on three issues: divorce, children, and property. With the court's approval, they may not appear in court or participate online. Thirdly, online methods. Most courts now support online trials, and parties from other places can apply to participate through online platforms, which balances procedural requirements and convenience. Fourthly, the risk of absenteeism. If the plaintiff refuses to appear in court without a valid reason after being summoned by a subpoena, the case may be treated as a withdrawal of the lawsuit; if the defendant refuses to appear in court without a valid reason after being summoned by a subpoena, a default judgment may be issued, and the outcome may not be favorable. Fifthly, in cases involving child custody, the court usually consults the wishes of minors over the age of eight, which requires advance arrangements.

IV. Practical suggestions and legal basis

Action suggestions: First, after receiving the subpoena, attend the court hearing on time according to the notification time and bring your ID card and the original evidence; Second, if you have difficulties, explain them to the court in advance and apply for an online court hearing or a postponement; Third, prepare and sign written opinions on three items: the attitude towards divorce, child custody, and property division; Fourth, entrust a lawyer to handle procedural matters, evidence organization, and legal argumentation, but the person himself/herself will not substitute for the obligation to attend the court hearing. For matters involving divorce procedures and family disputes, you can refer to the relevant provisions.Divorce litigation and family disputesFor cases involving foreign identities and cross-border assets, you can refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entitiesLegal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) regarding the attendance of parties in divorce cases and the trial in their absence, and the relevant provisions of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (amended in 2022 and implemented on April 10, 2022). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, in divorce cases, the litigant is generally required to appear in court in person, and an attorney cannot fully substitute for them. Secondly, if it is impossible to attend the court hearing, it is necessary to provide a written explanation and supporting evidence in advance, and it is strictly prohibited to absent oneself without a valid reason. Thirdly, online court hearings are a viable alternative, and litigants can actively apply to the court for this option. Fourthly, absenting oneself from the court hearing may result in the case being treated as a withdrawal of the lawsuit or a default judgment, which carries higher risks than attending the hearing in person. For family dispute proceedings, litigants can opt for alternative dispute resolution methods such as mediation or arbitration.Divorce litigation and family disputesThe overall solution for service acquisition involves the integration of cross-border marriages and cross-border property matters\nFinancial capital and cross-border transactions involving foreign entities.For matters involving overseas certificate issuance and notarization and authentication, you may refer to the following information for reference.Special services and other casesFor any questions regarding the follow-up execution, please feel free to consult us.Creditor's rights and debts, and enforcement casesTeam.

VI. Frequently Asked Questions

Q1: Can I not attend the court hearing after hiring a lawyer?

Generally, this is not allowed. The law clearly stipulates that in divorce cases, if the litigant has a litigation agent, he/she should still appear in court unless he/she is unable to express his/her intention; if he/she is really unable to appear in court due to special circumstances, he/she must submit a written opinion to the court. Therefore, lawyers can act as agents, but they cannot replace the litigant's obligation to appear in court in person.

Q2: What should I do if I can't return home from another city or abroad?

You should submit a written application and supporting materials, such as visas, entry-exit records, and residence certificates, to the court in advance. Attach your written opinions on divorce, children, and property to the application. You can apply for an online court hearing or a postponed hearing. If the court grants permission, you may attend the hearing online or without appearing in person, but it is not advisable to simply fail to attend the hearing without a valid reason.

Q3: What are the consequences if the plaintiff does not appear in court?

If the plaintiff refuses to appear in court without a valid reason after being summoned by a subpoena, the case may be treated as a withdrawal of the lawsuit; if the defendant refuses to appear in court without a valid reason after being summoned by a subpoena, the court may issue a judgment in absentia. Absence often results in the loss of the opportunity to make oral statements and cross-examine witnesses in court, which may lead to unfavorable outcomes. It is recommended to attend the court hearing or provide a prior explanation.

Q4: What main points should I highlight when I appear in court?

These typically include whether to agree to the divorce and the reasons for it, whether the marital relationship has truly broken down, arrangements for child custody and opinions on child support, and opinions on the handling of jointly owned property and debts. Regarding these core issues, the court would prefer to hear the parties' statements in person. Preparing and formulating written opinions in advance can help them express their views more efficiently.

Q5: Can parties who are located in different places apply for a video court hearing?

Most courts support online trials. After receiving the subpoena, the parties can apply to the handling court, stating objective reasons such as being in a different location or having health issues. They then complete the identity verification and technical support as required, and participate in the online trial, which not only meets the procedural requirements but also facilitates the parties.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence 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·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. If you encounter disputes, please consult a practicing lawyer in time.