1, divorce can be authorized by a lawyer. However, in divorce proceedings, the parties should still appear in court in person after entrusting an agent ad litem.
2. There are also special circumstances. In divorce cases, the parties who cannot correctly express their will and who cannot appear in court due to special difficulties and submit written opinions to the people's court may also not appear in court.
In divorce cases of persons without civil capacity, their legal representatives shall appear in court.
In a divorce case, what should be done if the defendant refuses to be present?
1. According to the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default. This principle should be the general provision for people's courts to try all kinds of civil cases.
2. The party concerned has full capacity for civil conduct and refuses to appear in court after receiving the summons.
(1) I really don't want to appear in court to participate in the proceedings, but I will state my opinions to the court in writing. According to the provisions of Article 93 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of Civil Procedure Law, a judgment may be made by default according to law.
(2) I don't want to appear in court, and I don't give the court a written divorce opinion. The parties to such divorce cases should be regarded as defendants who must appear in court, because the parties to divorce cases have the obligation to take care of their children, and it is impossible to find out the relevant cases without appearing in court. Therefore, if he refuses to appear in court after two summonses, he can be summoned to participate in the proceedings according to law.
According to the provisions of Article 62 of China's current Civil Procedure Law, if a party to a divorce case has an agent ad litem, he will still attend the proceedings in court unless he can't express himself. If it is really impossible to appear in court under special circumstances, a written opinion must be submitted to the people's court. Judging from the content of this article, divorce cases are based on the principle that both parties must appear in court in person to state their opinions. Under the condition that the parties can express themselves, it is the obligation of the parties to appear in court to respond to the lawsuit, and they cannot be represented only by litigation agents. At the same time, Article 144 of the current Civil Procedure Law also stipulates that if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it can be treated as withdrawing the lawsuit. In combination with these two laws, if the plaintiff can't appear in court for objective reasons after suing the court for divorce and signing the court summons, he should submit written opinions to the court. If the people's court considers that the reason is established after examination, it may postpone the handling according to law. If there are no special circumstances or there are special circumstances and no written opinions are put forward in advance, then the lawsuit can be dismissed.
If you don't want to participate in divorce proceedings and want to entrust a lawyer, you can consult a lawyer first and what responsibilities you should bear.