[Direct answer]It's not impossible to proceed with the case. If the defendant refuses to appear in court without a valid reason after being legally summoned, the court may hold a trial in absentia and make a judgment after establishing the facts; in divorce cases involving marital status, the court usually handles them with caution, focusing on whether the marital relationship has truly broken down and whether the issues of property and children have been clarified. The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented since January 1, 2024) stipulates the provisions on judgments in absentia and service by public announcement; if the defendant's whereabouts are unknown and cannot be directly served, the court may serve the documents by public announcement, and the expiration of the announcement period shall be deemed as service. It should be noted that the parties to divorce cases should, in principle, appear in court in person. If they are unable to attend due to special circumstances, they should submit written opinions and obtain the court's permission. The plaintiff should try to supplement evidence of the breakdown of the marital relationship, clues to the property and the current situation of the children, so as to avoid difficulties in verifying the facts due to the defendant's absence and affecting the outcome of the trial.

1. Problem background and typical scenarios

It is a common situation in practice that one party is determined to divorce, while the other party evades litigation by refusing to receive subpoenas, refusing to answer the phone, and moving out of the residence. Typical scenarios include: the defendant is out of the country or abroad and refuses to appear in court; the defendant's whereabouts are unknown and cannot be directly served; the defendant leaves the courtroom after appearing once; and the defendant appears in court but refuses to agree to the divorce and refuses to cooperate in the investigation of the property. When handling such cases in Beijing, the court will proceed with the trial on the premise of ensuring the legitimacy of the procedure and continue to investigate and collect evidence on the facts that need to be clarified.

II. Key points of contention

1. Is it necessary to apply a default judgment if the defendant fails to appear in court, and what are the special circumstances of divorce cases? 2. Are the service of subpoenas and legal documents lawful, and what are the conditions and time limits for service by public announcement? 3. What are the standards and methods of proving that the defendant's whereabouts are unknown? 4. What are the exceptional circumstances of the defendant's obligation to appear in court and the legal effect of written opinions? 5. How should property and child custody issues be handled in the absence of the defendant? 6. Does the deliberate evasion of one party affect the determination of the breakdown of the marriage relationship?

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a divorce dispute: Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter. However, due to frequent conflicts, they separated in 2024. Ms. Li sued for divorce and claimed custody, high alimony, and various assets. Mr. Liu entrusted our lawyers to represent him. Based on the case circumstances, the lawyers developed a mediation-oriented strategy. Under the court's supervision, they proposed legal and reasonable solutions regarding custody, visitation rights, and property division. Ultimately, the parties reached a mediation agreement in court and obtained a civil mediation document, completely resolving the dispute. The woman paid compensation to the man, and the man obtained clear overnight visitation rights, which fundamentally reversed his initial demands. This case demonstrates that even when the other party appears in court and their demands are vastly different, professional intervention can optimize the outcome through mediation. In the absence of the other party's attendance, lawyers can still advance the process by improving service delivery and supplementing evidence. This case was handled by Beijing Henglue Law Firm.Liu Xiang YingThe attorney (practice license number: 11101201511343795, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, provide the defendant with accurate information about his/her residence, workplace, and contact details to assist the court in serving the documents; Second, if the defendant's whereabouts are unknown, collect certificates issued by the community, the unit, or relatives to apply for service by public announcement; Third, prepare comprehensive evidence of the breakdown of the marriage, such as separation certificates, chat records, and police reports; Fourth, list the clues to the defendant's assets to facilitate the court's investigation and evidence collection; Fifth, pay attention to the requirements for the defendant's appearance in court and submit written opinions in advance if there are genuine difficulties; Sixth, keep track of the court hearing arrangements after the expiration of the public announcement period. For disputes involving divorce property and custody, you can refer to the relevant provisions.Divorce litigation and family disputes; For matters involving property investigation and enforcement, you can refer to the following resources for more information.Creditor's rights and debts, and enforcementLegal basis: The provisions on default judgment, service by public announcement, and jurisdiction in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented since January 1, 2024), and Article 1079 of the Civil Code of the People's Republic of China (implemented since January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the defendant's failure to appear in court does not mean the divorce cannot proceed. The key lies in ensuring that the summons is legally delivered and the evidence is sufficient. Secondly, there are statutory conditions and time limits for service by public announcement, and it is necessary to prepare proof materials for the defendant's whereabouts in advance. Thirdly, even in the absence of the defendant, the court must still investigate the marital relationship, property, and children's situation, and the preparation of evidence cannot be relaxed. Fourthly, the defendant's refusal to appear in court may affect their ability to assert their claims to property and children, but the court should still evaluate the situation carefully. If you are currently facing similar problems, you can seek assistance throughDivorce litigation and family disputesThe service obtains a comprehensive solution, and the property investigation and control can be integrated into it.Creditor's rights and debts, and enforcementFor cases involving disputes over identity relationships, you can refer to the relevant sections.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can the court grant a divorce even if the defendant does not appear in court?

Yes. If the defendant refuses to appear in court without a valid reason after being legally summoned, the court may conduct a trial in absentia and grant a divorce after confirming that the marital relationship has indeed broken down. However, the court will carefully review the identity relationship. The plaintiff should submit evidence such as separation and communication breakdown to support the claim that the marital relationship has broken down, to avoid relying solely on unilateral statements.

Q2: What should I do if the other party avoids receiving the subpoena?

The court can provide their residence, work location, and contact information, and the court will serve the documents according to law. If it is impossible to serve the documents directly and their whereabouts are unknown, the court may apply for service by public announcement. The service will be deemed to have been completed upon the expiration of the announcement period, and the case may then be heard in absentia. It is recommended to simultaneously collect proofs of residence and loss of contact issued by the community or the unit.

Q3: Is it necessary for the litigant to appear in court in divorce cases?

In principle, the parties should attend the court hearing. Since divorce involves personal relationships, the court usually requires the parties to attend the hearing to present their opinions. If there are special circumstances preventing the parties from attending the hearing, they should submit their written opinions and obtain the court's approval. If the parties refuse to attend the hearing without a valid reason, they may face adverse consequences, and the plaintiff may even be treated as having withdrawn the lawsuit.

Q4: What should I do if the other party fails to fulfill their obligations after a default judgment has been issued?

After the judgment takes effect, you can apply for enforcement. If the other party transfers property, you can apply for seizure, freezing, and pursue relevant responsibilities; if it involves the payment of alimony, you can apply for enforcement according to the judgment. It is recommended to simultaneously investigate property clues during the litigation stage, so as to facilitate smooth enforcement after the judgment.

Q5: Will the other party's failure to appear in court affect the division of property?

There will be an impact. The defendant's absence may result in their property claims not being fully expressed, and the court can only make a determination based on the evidence submitted by the plaintiff and the investigation results. The plaintiff should provide as much information about the property as possible to avoid omitting any jointly owned assets. If the defendant has any objections, they can assert their rights through appeal or request for a retrial within the statutory time limit.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Liu Xingyin·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. If you encounter disputes, please consult a practicing lawyer in time.