Application for trial in absentia divorce

1. Application for trial in absentia divorce

Many people believe that divorce should be resolved in court with the participation of both parties. However, according to the 2015 Civil Procedure Code, if one of the parties is absent during the divorce process, it will still be accepted by the court. The proceedings will be resolved according to the procedures specified in Article 227 of the 2015 Civil Procedure Code.
The first time the court properly meets, the litigants or their representatives, the person protecting the legitimate rights and interests of the litigants must be present at the trial; If someone is absent, the Trial Council must postpone the trial, unless that person has a written request for trial. The court must notify the litigants, their representatives, and defense attorneys of their legitimate rights and interests in postponing the trial. If the court summons the defendant a second time, the litigant or his representative or the person protecting the litigant's legitimate rights and interests must be present at the trial, unless they request to be absent from the trial; If the litigant is absent due to force majeure or objective obstacles, the Court may postpone the trial; If it is not a case of force majeure or objective obstacle.

2. In case the applicant is absent without a representative present at the court hearing

The case will be considered suspended and the court will issue a decision to suspend the resolution of the case regarding that person's lawsuit request, unless in case that person requests a lawsuit. There is a written request for trial. The plaintiff has the right to sue according to law;

3. If the defendant does not have a counterclaim,

The person with related rights and obligations does not have an independent claim and is absent without a representative participating in the trial, the Court will adjudicate in their absence;

vs. If the defendant has filed a counterclaim and is absent without a representative coming to court, he is considered to have abandoned the counterclaim and the court decides to suspend the processing of the counterclaim, unless the defendant By default, there is someone to receive the counterclaim. . The defendant has the right to initiate this counterclaim according to the provisions of law;

4. A person with related rights and obligations who has an independent request is absent without a representative present at the trial

It is considered to have abandoned the independent request and the Court issues a decision to suspend the resolution of the independent request. there. If that person requests a trial, it is independent. A person with related rights and obligations who makes an independent claim has the right to sue for that independent claim in accordance with the provisions of law

5. In case the person protecting the litigant's legitimate rights and interests is absent

The Court will proceed with the trial in their absence. This means that if the plaintiff or defendant is absent, the court will apply divorce procedures in the case of the parties' absence and, depending on the plaintiff or defendant, their rights and obligations at trial will be determined. will be different. During divorce proceedings, the applicant will be deemed to have abandoned his or her claim. In case of a second absence, the defendant will lose the rights that he would have had if he had attended the trial. Thus, except in cases of force majeure, the defendant cannot be absent during the divorce proceedings.

Q&A

Question 1: Full Name of Petitioner

Answer: Please provide your full legal name as it appears on your government-issued identification.

Question 2: Reason for Requesting Trial in Absentia

Answer: Explain the reason for requesting a trial in absentia divorce (e.g., spouse's unavailability, separation, abandonment, etc.).

Question 3: Attempts to Notify the Respondent

Answer: Describe any efforts made to notify the respondent about the divorce proceedings and their response, if any.

Question 4: Supporting Documents

Answer: List any supporting documents or evidence you intend to submit in support of your request for a trial in absentia divorce (e.g., marriage certificate, communication records, etc.).

Remember to adapt these questions and answers to your specific jurisdiction's requirements and legal procedures. It's also essential to consult with an attorney or legal expert familiar with divorce laws in your area for guidance on the appropriate documentation and procedures to follow.