[Direct answer]In the Beijing area, it cannot be simply understood as full power of attorney or the client not appearing in court. After appointing a lawyer, procedural matters such as filing a case, providing evidence, making a defense, and participating in mediation can be handled by the lawyer. However, in divorce cases involving marital status, unless the client is unable to express their intentions, they should still appear in court. If it is truly impossible to attend court due to special circumstances, they must submit written opinions to the people's court (Article 65 of the Civil Procedure Law of the People's Republic of China, amended on September 1, 2023 and implemented on January 1, 2024). The lawyer's authority is limited by the power of attorney: lawyers with general authorizations cannot admit, waive, or modify litigation requests on behalf of the client, nor can they engage in settlements, file counterclaims or appeals. These matters must be specifically authorized by the client (Article 62 of the same law). For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

Many litigants hope that lawyers will handle everything on their behalf without their personal involvement: they don't want to meet the other party in court; they work in other cities or abroad for a long time and find it inconvenient to travel back and forth; they are pregnant, seriously ill, or have mobility issues; they are afraid of being harassed or threatened by the other party and dare not appear in court; and some people think that paying legal fees means leaving everything to the lawyer. These concerns are understandable, but divorce is a lawsuit to dissolve the marital relationship. The court needs to hear the litigant's true intentions regarding the marital status, whether they agree to divorce, child custody, and property disposition. Lawyers cannot express these personal and exclusive wishes on their behalf. In the judicial practice of Beijing, for divorce cases where the litigant refuses to appear in court without a valid reason, the court may handle them as withdrawals of the lawsuit or conduct trials in absentia according to law. It is advisable to communicate with the presiding judge in advance about the issue of court attendance, and the relevant rules can be referred to for reference.Divorce litigation and legal services for family disputes.

II. Key points of contention

The controversy focuses on four points. Firstly, the boundary between general authorization and special authorization: general authorization is limited to procedural matters, such as submitting documents, attending court hearings, and providing evidence and cross-examination; special authorization can act on behalf of the principal to admit, waive, or modify litigation requests, engage in settlements, file counterclaims or appeals, and the scope of authorization should be listed item by item in the power of attorney. Secondly, the irreplaceability of matters related to identity: whether to agree to divorce, who the children will live with, and other expressions of intent, require the principal to state in court or confirm in writing. Thirdly, the consequences of not attending court: if the plaintiff is summoned by subpoena and refuses to appear without a valid reason, the case may be treated as a withdrawal of the lawsuit; if the defendant refuses to appear without a valid reason, a judgment may be made in absentia, but the facts of granting the divorce still need to be proven. Fourthly, special circumstances and written opinions: if the principal is unable to attend court due to serious illness, medical treatment abroad, force majeure, etc., they should submit written opinions on divorce, property, and child issues and attach supporting materials.

III. Professional analysis by Henglue Lawyers

A foreign-related divorce case handled by Henglue Law Firm illustrates how to ensure a smooth transition between lawyer representation and the client's personal appearance in court. Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both are foreign nationals who have lived and worked in Beijing for many years. The marriage broke down due to Mr. Liu's infidelity. The couple agreed to dissolve their marriage and divide their assets: Ms. Zhang would retain ownership of a property in Beijing, an overseas property, savings, financial products, and insurance policies in her name, while Mr. Liu would retain ownership of a property in Shanghai. However, as both are foreign nationals, the domestic civil affairs bureau was unable to process the divorce registration. Ms. Zhang entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to dissolve the marriage and formalize the property division through litigation. The lawyer's responsibilities included: 1. Confirming the jurisdiction of Chinese courts over the case (as both parties have a regular residence in China); 2. Assisting in preparing materials such as identity proofs, marriage certificates, and property ownership certificates to ensure smooth case filing; 3. Comprehensively reviewing the couple's properties, savings, financial products, and pension memberships to propose a division plan where each party would own their own assets; 4. Actively communicating with the defendant during court-mediated negotiations to help the client articulate their intentions and ultimately secure the signing of a mediation agreement in court. Under the court's supervision, the parties successfully dissolved their marriage, with each retaining ownership of their own assets and assuming their own debts. The mediation agreement became legally binding upon signing and stamping. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. It can be seen that even in cases with highly consistent demands, it is still an indispensable step for the client to appear in court to express their wishes and sign documents.

IV. Practical suggestions and legal basis

The legal basis includes Article 61 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), which stipulates that "a party may appoint one to two persons as litigation agents"; Article 62, which requires that the power of attorney should specify the matters and authority delegated, and special authorization is required for acts such as acknowledging, waiving, or modifying litigation requests and settling disputes; Article 63, which stipulates that any changes or termination of the agency authority shall be notified to the court in writing; Article 65, which sets out the rules for the appearance of the parties in divorce cases; and Article 146, which stipulates that if the plaintiff refuses to appear in court without a valid reason, the case may be treated as a withdrawal of the lawsuit. Action list: 1. When signing the power of attorney, clearly list the general and special authorizations, leaving no room for ambiguous authorizations. 2. In principle, attend court on the date specified in the court summons and truthfully state the marital status and litigation requests. 3. If it is impossible to attend court due to special circumstances, communicate with the court in advance and submit written opinions on divorce, property division, and child custody, together with supporting materials. 4. Delegate procedural matters, evidence collection, and legal advice to lawyers, while ensuring that the substantive expressions of intent are controlled by the party themselves. For more details, please refer to the relevant provisions.Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Advice

Regarding lawyers as substitutes is the biggest misunderstanding of entrusted agency. The lawyer's duty is to provide professional support within the scope of authorization, rather than to substitute for the client to make personal exclusive declarations of intent. In practice, unclear authorizations, vague written opinions, and refusal to appear in court without legitimate reasons are the three most common mistakes made by clients. In the mildest case, the case will be treated as a withdrawal of the lawsuit, and the client will have wasted their effort; in the most serious case, the client will miss the opportunity to present evidence in court. For those who are unable to attend court due to geographical distance, foreign affairs, or health reasons, they should communicate with the court as soon as possible to discuss alternative solutions. As for how to design the authorization and court appearance arrangements, it is recommended to consult as early as possible.Beijing Henglu Law FirmA professional lawyer.

VI. Frequently Asked Questions

Q1: If I appoint a lawyer as my full power attorney but do not attend the court hearing, can I still get a divorce?

It depends on whether you are the plaintiff or the defendant. As the plaintiff, if you refuse to appear in court without a valid reason after being summoned by a subpoena, the court may handle the case as a withdrawal of the lawsuit (Article 146 of the Civil Procedure Law), and you can only file a new lawsuit. As the defendant who fails to appear in court, the court can make a default judgment, but the plaintiff still needs to provide evidence to prove that the marriage has truly broken down. In either case, if the person is able to express his or her views, he or she should still appear in court. If it is truly impossible to attend the court hearing due to special circumstances, he or she must submit written opinions. Treating non-attendance as a strategy often backfires.

Q2: What materials do I need to prepare when hiring a lawyer?

The core materials include: a power of attorney, specifying the specific matters of general authorization and special authorization; the principal's identity documents; identity and marital relationship materials such as marriage certificates, household registration books, and children's birth certificates; property evidence, such as real estate certificates, bank statements, and company equity information; evidence of a breakdown in the relationship; and a confirmation letter for the address of document delivery. For special authorization matters such as acting as a mediator, acknowledging and waiving litigation claims, they should be listed item by item and confirmed by the principal's signature, to avoid vague oral authorizations.

Q3: How do lawyers charge for handling divorce cases?

The attorney's fees are set by the market and determined through negotiation between the client and the law firm. They are usually charged on a per-case or pro-rata basis, depending on the value of the property, the workload, and the procedural stage. Marriage cases are not subject to contingency fee arrangements according to law. According to Article 13 of the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), the litigation fee for divorce cases ranges from 50 yuan to 300 yuan per case. For cases involving property division exceeding 200,000 yuan, an additional fee of 0.5% of the excess amount shall be paid. It is recommended to clarify the fee calculation method, stages, and included items in writing with the law firm before entrusting them with the case.

Q4: How long does a divorce lawsuit typically take, and how many times do I need to appear in court?

The first-instance ordinary procedure shall be concluded within six months, and the simplified procedure within three months; most divorce cases will have one court hearing, and those with major disputes over property or custody may have multiple hearings. Mediation will be carried out throughout the entire process. In principle, I should attend every court hearing, but if there are real difficulties, I can communicate with the court to postpone it or participate online according to the law; matters such as case filing, evidence exchange, and pre-litigation mediation can be handled by lawyers. For cases involving foreign parties or where the defendant's whereabouts are unknown and need to be served by public notice, the time period will be significantly extended, possibly spanning over a year.

Q5: I'm really not convenient to attend the court hearing. Is there any solution for this?

There are three steps to handle this: First, contact the presiding judge in advance to explain the special circumstances (serious illness, medical treatment abroad, force majeure, etc.) and submit supporting materials to apply for a postponement of the court hearing or participate in the litigation online; Second, if unable to attend the court hearing, submit written opinions in accordance with Article 65 of the Civil Procedure Law, stating a clear attitude towards the dissolution of the marriage relationship, property division, and child custody, and have the lawyer forward and track the court's review results; Third, specify the special authorizations in the power of attorney, allowing the lawyer to handle procedures and negotiate matters within the scope of authority. It is strictly prohibited to directly fail to appear in court without prior notice.

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, so as 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 current 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.