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What if I receive a divorce summons from the court?
It is best to respond actively. If you don't go, the court may judge by default. However, the divorce case belongs to the case of dissolving the relationship between husband and wife, which has its particularity. According to the principle that the identity relationship cannot be represented, divorce proceedings can only be conducted by both parties to the marriage (except for those without civil capacity, your sister is mentally ill and belongs to those with limited civil capacity or those without civil capacity during the onset). Therefore, the application of default judgment in divorce cases is clearly stipulated by law. Article 62 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "If there is an agent ad litem in a divorce case, unless I cannot express my will, I will still appear in court; If it is indeed impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court. " Article 151 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "The people's court shall accept a case in which one spouse's whereabouts are unknown, and the other spouse only asks for a divorce when he appeals to the people's court, and does not apply for a declaration of the missing person's whereabouts or death, and the people's court shall announce the litigation documents to the missing person." Article 157 stipulates: "In the divorce proceedings of a person without civil capacity, the legal representative of the party concerned shall appear in court. If the legal representative cannot appear in court, the people's court shall make a judgment according to law on the basis of ascertaining the facts. " In addition to the above circumstances, other divorce cases are generally not applicable to default judgment.
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