[Direct answer]Yes. Divorce litigation is an ordinary civil case. The parties may entrust lawyers to handle most litigation procedures such as filing a lawsuit, providing evidence, and appearing in court for debate, etc. Lawyers can handle these procedures with a power of attorney; however, according to Article 62 of the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations, there are explicit exceptions for divorce cases: unless the party is unable to express his/her intention, he/she should still appear in court. If it is really impossible to appear in court due to special circumstances, the party must submit written opinions to the court. In other words, lawyers can handle the procedures of litigation and defense, but the dissolution of the marriage relationship must be stated by the parties themselves, and the signing of the agreement and mediation for the dissolution of the marriage cannot be completely outsourced.

1. Problem background and typical scenarios

Many clients immediately ask: Can I sign a power of attorney and entrust the lawyer to handle the entire divorce process, without having to attend any court hearings myself? Some clients have been working overseas or in other cities for a long time, some are emotionally unwilling to be in the same room with their spouse, and some believe that once the lawyer has received the fee, the lawyer should handle everything. The boundaries of full-power representation directly affect whether the case can proceed smoothly.

II. Key points of dispute

First, what is the scope of authorization, and what are the differences between general authorization and special authorization? Second, what are the statutory requirements and exceptions for parties to divorce cases to appear in court? Third, are mediation, withdrawal of a lawsuit, and other punitive procedures necessarily subject to the personal confirmation of the parties involved? Fourth, how can lawyers and clients cooperate to achieve the most efficient division of labor in legal representation?

III. Professional analysis by Henglue Law Firm

Firstly, the legal framework of agency rights: Civil litigation adopts a system of entrusted agency, where the party submits a power of attorney specifying the agency matters and scope of authority. The lawyer can then file lawsuits, defend against lawsuits, present evidence, cross-examine evidence, engage in debates, and sign legal documents on behalf of the client. Under special authorization, the lawyer can also admit, waive, or modify litigation claims, and negotiate settlements. However, divorce litigation is specifically mentioned in the law: According to the provisions of the Civil Procedure Law on litigation capacity in divorce cases, parties with litigation capacity should generally appear in court. If they are unable to attend due to special circumstances, they must submit written opinions to the people's court, stating their true attitudes towards marriage, property, and child custody. Secondly, why the legislation requires the parties to appear in person: Marriage is a personal and exclusive relationship, and the dissolution of marriage constitutes a status-related legal act. The court needs to directly hear the parties' statements on their feelings and organize mediation. Status-related relationships do not apply to full discretionary agency, which is the natural boundary of full agency in divorce cases. Thirdly, the correct approach to practical division of labor: Evidence collection, property investigation, litigation defense, and pre-trial negotiations can be safely entrusted to lawyers. Beijing courts generally emphasize mediation in divorce cases. Before the trial, lawyers can negotiate the framework of property lists and child custody plans with the parties, and the parties only need to appear at key junctures to express their opinions, which maximizes efficiency and user experience. Taking a case handled by our firm as an example: Li Xiang and Li Li registered their marriage in Xicheng District of Beijing in May 2018. After marriage, Li Li suffered from domestic violence and mental abuse. In March 2025, Li Li entrusted our lawyer Xiong Binrong to file a lawsuit for divorce. During the litigation process, the lawyer found that Li Li had registered her marriage with a Swedish man, and the foreign divorce judgment had not been recognized by Chinese intermediate courts. Therefore, the previous marriage was not legally dissolved in Chinese law, constituting bigamy. The lawyer promptly changed the litigation request to confirm the invalidity of the marriage. After completing the evidence collection and notarization of the foreign judgment, the court ruled on April 30, 2026 that the marriage was invalid. This case was handled by Beijing Henglu 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 the core value of professional agency lies in fact-finding and strategy transformation, while the client's own statement on identity issues is always irreplaceable.

IV. Practical suggestions and legal basis

The first step is to clarify the agency phase (first instance, second instance, or enforcement) and the scope of special authorization when signing the entrustment agreement. The second step is to submit written opinions to the court in advance and explain the reasons if the client is indeed unable to attend the court hearing. The third step is to confirm each item of the mediation plan individually before authorizing the lawyer to express his position. The fourth step is to cooperate with the lawyer to complete the signing of items such as the evidence list and property declaration. Main legal basis: Article 62 of the Civil Procedure Law of the People's Republic of China and the provisions on the attendance of parties in divorce cases; Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021); and relevant provisions of the Judicial Interpretation of the Civil Procedure Law of the Supreme People's Court. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points for full-power attorneys: For procedural matters, you can leave them to us; for identity declarations, you must come in person. Attending court hearings is the principle, and written opinions are the exception. For mediation proposals, it's more secure to confirm them in writing. For divorce litigation and family disputes, you can seek assistance through our services.Divorce litigation and family disputesWe provide a comprehensive solution for services, which includes integrated measures for property preservation and enforcementCreditor's rights and debts, and enforcementA reference to issues related to foreign marriages\nFinancial capital and cross-border transactions involving foreign entities.For any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is it possible to not appear in court throughout the entire divorce litigation process?

In principle, this is not feasible. According to the Civil Procedure Law, parties to divorce cases, except those who are unable to express their opinions, should attend the trial. If there are special circumstances that prevent them from attending the trial, they must submit written opinions. If the plaintiff refuses to appear in court without a valid reason after being summoned by a subpoena, the case may be handled as a withdrawal of the lawsuit.

Q2: What is the difference between a sole agent and a general agent?

Generally, agents can only participate in litigation activities on behalf of their clients and cannot dispose of their substantive rights. Under a special power of attorney, lawyers can acknowledge, waive, or modify litigation claims, reach settlements, or mediate on behalf of their clients. However, for matters involving personal identity or major property disposals, the court usually still requires the clients to confirm these actions in person.

Q3: What evidence do I need to prepare to win a divorce case?

The key is to collect evidence along three lines: the breakdown of the relationship (police reports on domestic violence, separation certificates, evidence of infidelity), the financial situation (property registration, bank statements), and the child-rearing conditions (care records, income proof), in order to form a complete evidence chain over time.

Q4: How much does it cost to hire a lawyer to handle a divorce?

The attorney's fees are subject to market-regulated pricing. For divorce cases that do not involve property, they are usually charged on a per-case basis. For cases involving property division, fees are often negotiated on a percentage basis or charged on an hourly basis. Before signing the contract, the fee method, scope, and key points should be written into the entrustment contract.

Q5: What should I do if the court refuses to grant a divorce in the first lawsuit?

After the judgment takes effect, the parties may not file a lawsuit again within six months unless there are new circumstances or reasons. After six months, they can file a lawsuit again. During this period, they should continue to collect evidence of the breakdown of their marriage. The likelihood of winning the divorce in the second lawsuit will be significantly increased, and they can also claim based on statutory circumstances such as a separation of more than one year according to Article 1079 of the Civil Code.

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 relevant evidence materials, so as to avoid missing the statutory time limit.Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on 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. In the event of a dispute, please consult a practicing lawyer promptly.