What does it take to file for a unilateral divorce?

1. What does it take to file for a unilateral divorce?

Guidance of unilateral divorce procedure in Vietnam

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.

Q&A

Question 1 : What is a unilateral divorce procedure?

Answer: A unilateral divorce procedure, also known as a "no-fault divorce," allows one spouse to initiate the divorce without the need to prove fault or wrongdoing on the part of the other spouse. It's a legal process that can be initiated by one party without the consent of the other.

Question 2 : What are the general requirements for filing for a unilateral divorce?

Answer: The requirements for a unilateral divorce can vary by jurisdiction, but in most cases, you'll need to meet residency requirements, such as living in the state or country for a specified period. You'll also need to provide a valid reason for seeking the divorce, which often includes citing irreconcilable differences.

Question 3: Do both spouses need to agree to a unilateral divorce?

Answer: No, the key feature of a unilateral divorce is that it can be initiated by one spouse without the other's consent. It's a legal mechanism designed to allow individuals to end their marriage unilaterally if they believe the marriage is irreparable.

Question 4: What documents and steps are typically involved in a unilateral divorce procedure?

Answer: The specific documents and steps can vary depending on your jurisdiction, but generally, you will need to file a divorce petition or complaint with the court. You may also need to serve divorce papers to your spouse. From there, the process typically involves negotiation or court proceedings to address issues like property division, child custody, and spousal support before the divorce is finalized. It's advisable to consult with a lawyer or seek legal guidance to navigate the process correctly.