Can't a divorce lawyer come forward himself? It depends on the specific situation and legal provisions.
Under normal circumstances, it is allowed to entrust a lawyer to represent a divorce, but it does not mean that the parties can not come forward at all.
First, the basic requirements of divorce procedure
Divorce is a legal procedure involving the rights and interests of both parties, which usually needs to follow certain legal procedures and regulations. According to the Marriage Law of the People's Republic of China and its related judicial interpretation, the parties to a divorce case have the right to entrust an agent to conduct litigation, but this does not mean that the parties can't participate in the divorce procedure at all.
Second, the authority to entrust a lawyer.
When a party entrusts a lawyer to represent a divorce case, the lawyer will handle legal affairs on behalf of the party according to the authorization of the party and the legal provisions. Lawyers can draft the complaint, reply, collect evidence and participate in the trial on their behalf. However, whether the parties need to appear in court in person still needs to be determined according to the specific circumstances and the requirements of the court.
Third, the parties appear in court in person.
In some cases, the court may require the parties to appear in court in person to verify their identity, hear statements or mediate. For example, in some divorce cases involving key issues such as child custody and property division, the court may require both parties to appear in court in person in order to better understand the situation and wishes of both parties and make a more just and reasonable judgment.
In addition, if the client entrusts a lawyer to represent him, the lawyer thinks that the client needs to appear in court in person to safeguard his rights and interests, and the lawyer will also advise the client to appear in court.
To sum up:
Whether it is feasible to entrust a divorce lawyer not to come forward by himself needs to be judged according to specific circumstances and legal provisions. Although it is allowed to entrust a lawyer to represent the divorce, in some cases, the court may require the parties to appear in court in person. Therefore, when entrusting a lawyer to handle divorce, the parties should fully understand the relevant legal provisions and procedural requirements, actively participate in divorce proceedings under the guidance of lawyers, and safeguard their legitimate rights and interests.
Legal basis:
the marriage law of the people's republic of china
Article 32 provides that:
If one of the men and women requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
People's Republic of China (PRC) Civil Procedure Law
Article 62 provides that:
If there is an agent ad litem in a divorce case, I should still appear in court unless I can't express my meaning; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.