Steps to apply for a unilateral divorce

1. Steps to apply for a unilateral divorce

Divorce is an important event in life, that's why unilateral divorce is more difficult and complicated than divorce by consent. It is more difficult because if the person does not accept the divorce and does not cooperate with the court, the settlement time will be prolonged, the procedure will be more complicated, and above all, the person requesting a unilateral divorce must have a legitimate reason and answer. meet the conditions. If all conditions are met, the court will declare a unilateral divorce.

2.  Procedures for unilateral divorce settlement

After thinking carefully and deciding to unilaterally divorce, you will prepare basic documents and information ready to submit to the court, including:

Registration of marriage;

ID card/CCCD and household registration book of husband and wife;

Copy - Child's birth certificate (if any);

Certificate of land use rights (if any)

Loan certificate (if any).
In addition, in some other cases such as:

If you do not keep your Marriage Certificate, you can contact the marriage registration agency directly to request a copy.
If you do not have your spouse's identification card, follow the court's instructions so you can present another form of identification instead. ​enemy-vu-luat-su-apolo-lawyer

3. Steps to successfully complete unilateral divorce procedures according to regulations

Step 1: Complete the documents and submit a unilateral divorce application to the court

After you have all the above documents, you must submit the application according to formal regulations to submit the application to the competent court. The divorce petition must contain the following contents:

Deposit date ;
Name of the court receiving the request;
Full names of the applicant and the defendant;
Where is the marriage registration date?
Causes of conflict;
Full name and date of birth of the child;
Who raises the children when divorced, how to support them?
What is common property and how is it divided?
Is there a joint debt, who is the creditor, and how is he responsible for paying the debt?

Step 2: The court reviews the application and pays the court fee when the application is valid.
After receiving the application and the above documents, the plaintiff must contact the Court where the defendant resides to file the application. The court will review, receive and resolve the application within the next 10 to 15 working days. In case the request is invalid, amendment will be requested as directed by the court.
If the request is valid, the notice of payment of court fees will be received at the Civil Judgment Enforcement Department.
After paying the court fee, the court begins calculating the date of acceptance. The Court will transfer the request and documents to the Chief Justice of the Court for the Judge to resolve. About a month later, the assigned judge will send a letter inviting the couple to testify in court.

Step 3: The court conducts mediation and first instance trial

After that, the court will invite mediation at least twice. If there is a real estate dispute, the court will have to carry out related steps such as measuring, drawing, valuation.... If there is a common debt, the court will Carry out related steps such as measuring, drawing, valuation... The court must invite the creditor. Participate as a person with related rights and obligations.
When mediation fails and all other relevant procedures have been completed, the court will refer the case to the trial court. The court can order divorce and division of child custody, joint property and joint debts.
Note: The court can also reject the divorce petition if the conflict is not serious. When the court rejects the divorce petition, it must be one year from the date the plaintiff has the right to reapply for divorce.

Step 4: The Court of Appeal continues to hear the case

After the first instance trial, the parties have the right to appeal within 15 days, and the appellate court will conduct a retrial within 2-4 months. The Court of Appeal has the right to annul the first instance judgment, request a new trial or amend the content of the first instance judgment.
Thus, resolving a unilateral divorce case usually takes from 6 months to 2 years, and sometimes even longer if there is a large and complicated property dispute.
Note: If the child is over 7 years old, he must go to court to consult with the person he wants to live with. When children study abroad, they must wait until they go to court or go to the Vietnamese Embassy abroad to make a certificate confirming who they want to live with and send it to the court. translation-vu-luat-su-apolo-attorney

4. Consulting service on unilateral divorce procedures

Apolo Avocats provides services related to unilateral divorce procedures such as:

• Advise clients on divorce procedures and their consequences. Legal consequences after divorce;

• Advise clients when winning child custody and requiring the other party to fulfill their support obligations;

• Advise clients on procedures for dividing assets during marriage, including marital assets, separate assets, common debts, and separate debts.
• Prepare divorce petition;

• Prepare documents and evidence to submit to the Court;

• Submit documents to the competent court on behalf of the client;

• Maintain records and complete records as required by the Court;

• Participate with clients at court hearings or work with the other party to agree on issues related to the divorce case;

• Appoint lawyers to participate in court hearings to protect customers' rights.
• Support customers in implementing legally effective divorce judgments.

Q&A

Question 1: What are the initial steps to successfully complete unilateral divorce procedures?

Answer 1: The initial steps to successfully complete unilateral divorce procedures typically include gathering all necessary documentation, such as your marriage certificate, identification documents, and any relevant financial records.

Question 2: What role does legal counsel play in the successful completion of unilateral divorce procedures?

Answer 2: Legal counsel can play a crucial role in ensuring the successful completion of unilateral divorce procedures. They can provide guidance on the legal requirements, help you prepare the necessary documents, and represent your interests throughout the process.

Question 3: Can you outline the key stages involved in the unilateral divorce process?

Answer 3: The key stages in the unilateral divorce process generally include filing the divorce petition, serving notice to the other spouse, attending court hearings, and finalizing the divorce decree. Each of these stages requires careful attention and adherence to legal requirements.

Question 4: How can effective communication with your spouse impact the success of unilateral divorce procedures?

Answer 4: Effective communication with your spouse can positively impact the success of unilateral divorce procedures, especially if you can reach agreements on key issues like property division, child custody, and support. It can lead to a more streamlined process and potentially reduce conflict during the divorce proceedings.