Service by publication (公告送达) is the last-resort method a Chinese court uses to notify a party of a lawsuit when that party's whereabouts are unknown or other methods of service have failed. The court publishes a notice, typically in a designated newspaper or online platform. Once the publication period ends, service is deemed complete and the case can proceed even if the party never responds. Under the Civil Procedure Law the period is 30 days in domestic cases (since 1 January 2022; previously 60 days) and 60 days for a party with no domicile in China (since 1 January 2024; previously three months).
Why it matters
In divorce cases, the other spouse sometimes disappears, refuses to share an address, or moves overseas. Without valid service, a court cannot decide the case. Where an address abroad is known, service normally goes through the Hague Service Convention (China is a party) or diplomatic channels, which can take many months. Where no address can be found, publication allows the case to move forward. However, courts first require reasonable proof that the spouse cannot be located, such as returned mail, household registration checks and failed phone contact. A judgment obtained by publication may face challenges if it later emerges that an address was known, and recognition abroad can be harder.
How it works in practice
A Chinese woman living in Guangzhou had not heard from her Nigerian husband for three years; he had left China and his old phone and email no longer worked. Her lawyer filed for divorce, provided evidence of the failed contact attempts and his last known addresses, and asked for service by publication. After the notice period (then three months; since 1 January 2024 it is 60 days for a party with no domicile in China), the court heard the case in his absence and granted the divorce.
Common mistakes
- Claiming not to know an address you actually know; this can undermine the judgment
- Not preparing evidence of search efforts before filing
- Underestimating the total time: publication period plus hearing plus appeal period
- Forgetting that a judgment served by publication may be harder to recognise abroad
- Ignoring the possibility of email or messaging service where the court permits it