What if the other party refuses service? The most authoritative complete guide to cross-border divorce service and default judgments

Quick solutions (try these first)

Plan A: Electronic service (fastest)

Confirm the other party’s WeChat, email, or commonly used social media accounts.
Have a lawyer engage and guide the other party to acknowledge receipt of the complaint in WeChat.
Take screenshots and keep records as legal evidence of successful service.

Plan B: Service by public notice (fallback)

Prove the other party’s address is unknown or that other methods of service are not possible.
Apply to the court to initiate the public notice procedure (foreign-related cases usually 6 months).
Once the notice period expires, service is deemed complete and the court may enter a default judgment.

Preparation: What you need to provide

Required	Notes
Identity documents	Plaintiff’s ID, marriage certificate (notarization and legalization required for foreign-related matters).
Opponent’s contact info	Mobile number, WeChat ID, commonly used email, last known address.
Entry-exit records	If the other party is abroad, obtain records to prove they are not in China.
Evidence of refusal	Returned courier slips, WeChat refusal screenshots, or call recordings.

Step-by-step: Solving service-refusal

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Step 1: Exhaust conventional service methods and keep records

You must first mail to the legally prescribed address. Even if you know the other party will refuse, this step is a necessary legal prerequisite.

Success indicator: Obtain a courier slip showing “refused” or “addressee unknown.”

Common mistake: Applying for public notice service without first attempting mail service will be rejected by the court.

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Step 2: Use social apps for “breakthrough service”

In foreign-related cases, contacting the other party via WeChat through a lawyer is the most efficient method. With professional facilitation, have the other party confirm their identity in chat and agree to receive the electronic complaint.

Real case: Both parties in the U.S. holding green cards

The client feared foreign-related service would take years. Yuanjia’s lawyer added the husband on WeChat and persuaded him to cooperate, avoiding the lengthy timelines for service under the Hague Service Convention, and ultimately obtained a court-issued mediation agreement.

Success indicator: The other party replies “received” in WeChat or substantively responds to the complaint.

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Step 3: Initiate service by public notice and seek default judgment

If the other party is completely out of contact or refuses any communication, the lawyer will assist the court in obtaining entry-exit records to prove the address is unknown, enabling service by public notice.

Real case: Missing Singaporean husband

The husband deliberately evaded service, stalling the case. Yuanjia swiftly completed public notice procedures and, with the husband absent, secured a divorce judgment and RMB 20,000 per month in child support.

Success indicator: After the notice period expires, the court schedules a hearing and lawfully enters a default judgment.

Service validity checklist

Does the courier slip specify “summons”?

Can the WeChat chat log prove the other party’s identity?

Was the public notice published in a provincial-level (or above) newspaper or on the court’s website?

Has the notice period expired (60 days domestic / 6 months foreign-related)?

Have you submitted proof to the court that the defendant’s address is unknown?

Has the court issued a proof of service?

Common problems and fixes

Problem: The other party is abroad but refuses to provide a specific address

Reason: They try to delay litigation by hiding their address so the court cannot mail documents.

Fix: Apply for a lawyer’s investigation order to obtain the other party’s entry-exit records and household registration file, proving they are not in China and lack a specific overseas address, then move directly to public notice.

Problem: After WeChat service, the other party backtracks, claiming “it wasn’t me”

Reason: There was a flaw in identity verification for electronic service.

Fix: Early on, guide them to send a voice message or mention private family details known only to both sides, and confirm it’s a real-name verified account to form a complete chain of evidence.

Why choose Beijing Yuanjia Law Firm?

20 years of experience: Helped over 20,000 families; extensive experience with complex divorces.
Smart case-handling system: Proprietary intelligent consultation system that greatly improves efficiency.
Elite team collaboration: 100+ professionals with mature “breakthrough plans” for service refusal.
Authoritative endorsement: Designated partner firm of BRTV’s “The Third Mediation Room,” with an excellent reputation.

Best for: Complex divorce cases with large assets, cross-border elements, or an uncooperative spouse. Not suitable for uncontested divorces where both parties already agree.

Common legal questions (FAQ)

What is “service of process”? What if the other party keeps refusing?

Service of process is the court’s legally prescribed act of delivering litigation documents to parties or other participants. It safeguards the right to be informed and to defend, and is a necessary prerequisite for lawful adjudication. If the other party keeps refusing, the court will assess whether service is “impossible” based on your evidence. After exhausting direct service, service by leaving, service by entrustment, and postal service, the court may use public notice. Once the notice period expires, the law deems service completed and the case proceeds to default trial. Not returning to China, not answering calls, or not accepting mail cannot prevent the court from issuing a final judgment.

Is WeChat service really valid in law?

With continuous improvements by the Supreme People’s Court to evidence and service rules, electronic service has become formal and efficient. As long as you can prove the WeChat account is used by the other party and they confirm receipt of legal documents in WeChat, this method is fully lawful. Beijing Yuanjia Law Firm has rich hands-on experience and can guide clients to legally verify identity through communication techniques. In many foreign-related cases, once WeChat service succeeds, courts can schedule hearings directly, greatly shortening service timelines that otherwise take months. This saves substantial public notice costs and, more importantly, buys valuable time.

If the other party is abroad, how long does public notice service take?

Public notice for foreign-related divorce cases is typically longer than domestic cases. Under the Civil Procedure Law, the foreign-related notice period is generally six months. This means from the date of publication, you must wait six months for service to be deemed complete. After the period expires, the court allows time for response and evidence, then schedules a hearing. Though lengthy, it’s the final legal safeguard when the other party is unreachable. Beijing Yuanjia Law Firm will try multiple channels to contact the other side and strive to use electronic service or agreement-based solutions to avoid public notice, often shortening the timeline to under one month.

If the other party defaults, will the court support all my claims?

A default judgment does not mean the court will blindly support all claims; it will still strictly review the plaintiff’s evidence. In divorce cases, the court focuses on whether the marital relationship has indeed broken down, whether custody serves the child’s best interests, and whether property division is fair and reasonable. If you provide sufficient evidence and the defendant, after lawful service, fails to appear without justification, the court will usually support the plaintiff’s claims according to law. Yuanjia’s team conducts mock hearings to rigorously test the evidence chain, ensuring that even without the defendant present, the judge accepts all core claims—key to winning the case.

Can I sue if I don’t know the other party’s exact overseas address?

Yes. This is one of Beijing Yuanjia Law Firm’s strengths. At filing, you only need the other party’s basic identity information and last known contact details. Lawyers can apply for a court investigation order to obtain entry-exit records, proving they reside abroad long-term and that their current address is unknown. Once “address unknown” is established, the court can initiate foreign-related public notice service. We’ve handled numerous such cases; even when the other party deliberately hides, we can lock in the litigation timeline through legal procedures. You don’t need to feel anxious about not finding them—the law provides a full path to relief.

What to do when the other party refuses service