Procedure to File for Unilateral Divorce: A Step-by-Step Guide

1. Procedure to File for Unilateral Divorce: A Step-by-Step Guide

Divorce is the termination of a marital relationship according to a legally effective judgment or decision of the Court. Divorce procedures are regulated in the Civil Procedure Code, Marriage and Family Law, Basic Mediation Law, etc. In Vietnam, there are two forms of divorce: divorce at the request of one party (unilateral divorce) and divorce by consent of both parties.

2. Divorce dispute law firm in Vietnam

In case of divorce at the request of one party, the Court will resolve the divorce at the request of the spouse if there are grounds to believe that one spouse has committed domestic violence or serious abuse. each other's rights and obligations. spouse, seriously worsening the marriage. and makes their life together more impossible and the goal of marriage impossible. The unrealized goals of marriage include inequality in obligations and rights between husband and wife; there is no friendship between husband and wife; Husband and wife do not respect each other's honor, dignity, and reputation; does not respect everyone's right to freedom of belief and freedom; do not help each other, create conditions for each other to develop in all aspects. Furthermore, the husband does not have the right to file for divorce when his wife is pregnant, has given birth, or is breastfeeding for less than 12 months. This regulation limits the husband's right to request a divorce when his wife is pregnant or raising a child under 12 months, and if the wife applies for divorce even though she is pregnant or raising a child under 12 months, the court will always accept it. Resolved like other normal cases.

3. Documents to file divorce petition?

Unilateral divorce documents include: Unilateral divorce application; Marriage certificate (original); Identity card of husband and wife (certified copy); Child's birth certificate (if there is a child together, a certified copy); Household registration book (notarized copy); Documents proving ownership of common property (if there is common property, a certified copy).

To proceed with a unilateral divorce, the applicant must submit a divorce petition to the competent Court. The court where the defendant resides and works is the court with jurisdiction to resolve marital and family disputes according to first instance procedures. Thus, in case of unilateral divorce, the Court with jurisdiction is where the defendant resides and works. In cases where a foreigner is a spouse, the provincial or city court has jurisdiction.

4. What is procedure of divorce petition?

Before accepting a request for divorce, the state and society encourage reconciliation at the local level when the husband and wife request a divorce. Reconciliation is carried out according to the grassroots conciliation method.

After receiving the unilateral divorce petition, the Chief Justice of the Court directs the Judge to review the petition and relevant documents. If necessary, the applicant must provide the applicant with additional documents and necessary information. If the dossier is complete and meets the conditions to handle the case, within 7 days, the Court will notify the requester to pay the court fee advance to the Civil Judgment Enforcement Agency and provide it to the Border Court. Pay advance court fees. The judge will process the case upon receiving the court fee advance and notify the plaintiff, defendant and people with related rights and obligations of the case's acceptance within 03 days. The defendant and those with related rights and obligations have the right to file a counterclaim against the plaintiff's request within 15 days from the date of receipt of the acceptance notice.

After accepting the request, the Court conducts mediation according to the provisions of the Civil Procedure Law. The judge is responsible for resolving the case, holding a meeting to verify the delivery, access, disclosure of evidence, divorce mediation between the parties and clearly analyze the rights and obligations of the parties to come to an agreement agree to resolve the case. In case after mediation the husband and wife reunite, it is considered that the plaintiff withdraws the request and the Court issues a decision to suspend that person's request. If they cannot meet and agree on divorce, property division and child custody, then after 7 days from the date the Court delivers the conciliation minutes to the parties without changing their opinions. The court recognized the divorce agreement and issued a decision recognizing the parties' agreement. If conciliation fails, the court will issue a decision to bring the case to court if the settlement is not suspended according to regulations.

5. How is the trial conducted when a divorce petition is filed?

Within one month from the date of the decision to bring the case to trial, the Court must open a trial. In case of legitimate reasons, this period can be extended but for a maximum of 2 months. At the end of the trial, the unilateral divorce settlement result will be decided by a civil judgment. In case of unilateral divorce, the settlement time can be longer, from 4 to 6 months. In fact, due to disputes over child custody and property rights, the resolution time may take longer.

In the case of a property dispute, in addition to the court fee of 300,000 VND, the parties involved must also pay court fees for the disputed property, determined based on the value of the disputed property according to regulations.

It is important that the parties research and prepare relevant documents and procedures in their case and consult with lawyers on civil, family, real estate issues as well as legal advice. child custody dispute in Vietnam before taking action.

6. Why should professionals use ACC Law Firm's Procedure to file for divorce unilaterally service?

• Legal Expertise: ACC Law Firm specializes in divorce proceedings, and their legal professionals have in-depth knowledge of the specific procedures and legal requirements for filing for divorce unilaterally. This expertise ensures that professionals meet all necessary legal standards and regulations.

• Clarity and Guidance: Filing for divorce unilaterally can be legally complex, and it's crucial to understand the procedural steps involved. ACC Law Firm's service offers clear and precise instructions, breaking down the process and providing explanations to make it easier for professionals to follow.

• Customization: Each divorce case is unique, and ACC Law Firm's guidance can be tailored to meet the specific needs and circumstances of professionals. This ensures that the divorce filing accurately reflects their individual situation, grounds for divorce, and desired outcomes.

• Efficiency: Navigating the divorce filing process can be time-consuming and challenging. ACC Law Firm's service streamlines this process, saving professionals valuable time and effort by offering a structured approach to each step.

• Completeness: An incomplete or improperly filed divorce application can lead to delays and complications in the divorce process. ACC Law Firm's service helps professionals ensure that their application is comprehensive, accurate, and well-structured, minimizing the risk of rejection or the need for revisions.

• Legal Protection: Filing for divorce involves defining the grounds for divorce and making legal claims. ACC Law Firm's service helps professionals articulate their claims clearly and accurately, providing legal protection and ensuring that their interests are legally recognized throughout the divorce process.

• Cost-Effective: Hiring a lawyer to guide professionals through the divorce filing process can be expensive. ACC Law Firm's service offers a cost-effective alternative, allowing professionals to navigate the process on their own with expert guidance.

• Procedural Compliance: Filing for divorce unilaterally requires strict adherence to legal procedures and deadlines. ACC Law Firm's guidance ensures that professionals comply with these procedures correctly, reducing the risk of errors or complications.

• Confidentiality: ACC Law Firm values client confidentiality and ensures the safeguarding of all personal and legal information related to the divorce filing.

• Peace of Mind: A well-prepared divorce filing provides peace of mind, knowing that the claims and information presented are accurate and legally sound. ACC Law Firm's "Procedure to File for Divorce Unilaterally" service ensures that professionals can initiate the divorce process confidently.

Q&A

Question 1: What is the procedure for filing for divorce unilaterally, and how does it differ from other divorce processes?

Answer 1: Filing for divorce unilaterally involves one spouse initiating the divorce without the consent of the other spouse. The procedure generally includes:

1. Consultation: Seek legal advice from an attorney or divorce expert to understand the process.
2. Document preparation: Gather necessary documents such as marriage certificates, financial records, and information about children.
3. Drafting the divorce petition: Prepare a divorce petition, specifying the grounds for divorce and the requested relief, which may include child custody, support, and property division.
4. Filing the petition: Submit the divorce petition to the appropriate court or authority, paying any required fees.
5. Service of process: Ensure that the respondent spouse is legally served with notice of the divorce petition.
6. Court proceedings: Attend court hearings or mediation sessions if disputes arise during the divorce process.
7. Resolution: Reach a divorce settlement or proceed to a contested divorce trial if necessary.

Question 2: What are the key legal requirements and considerations during the unilateral divorce procedure?

Answer 2: Key legal requirements and considerations during the unilateral divorce procedure may include:

• Adherence to local divorce laws and regulations.
• Establishing valid grounds for divorce recognized in the jurisdiction.
• Ensuring proper service of process to notify the respondent spouse.
• Compliance with court procedures and timelines.
• Addressing child custody, support, spousal support (if applicable), and property division in accordance with local laws.

Question 3: How long does the unilateral divorce procedure typically take, and can it vary depending on circumstances?

Answer 3: The duration of the unilateral divorce procedure can vary widely based on factors such as jurisdiction, court caseload, complexity of issues, and the willingness of both spouses to cooperate. In some cases, uncontested divorces may be finalized relatively quickly, often within a few months. However, contested divorces with disputes can extend the process to a year or more.

Question 4: Are there any specific challenges that individuals may encounter when pursuing a unilateral divorce, and how can they address these challenges?

Answer 4: Challenges in pursuing a unilateral divorce may include disputes, emotional stress, and legal complexities. To address these challenges:

• Seek legal representation to navigate the legal process and advocate for your interests.
• Consider alternative dispute resolution methods like mediation to facilitate a smoother process.
• Maintain open communication and cooperation when possible to minimize conflicts.
• Keep accurate records of all communications and agreements to protect your rights during the divorce proceedings.