The Standard Divorce Form: A Guide to the Most Commonly Used Document

1. The Standard Divorce Form: A Guide to the Most Commonly Used Document

During divorce proceedings, a standard form must be submitted to the court.

2. Standard divorce application form according to Resolution 01/2017/NQ-HDTP

Currently, divorce application forms cannot be prepared arbitrarily but must comply with the standard form of the Council of Judges of the Supreme People's Court issued in Resolution 01/2017/NQ-HDTP (amended by Resolution 01/2017/NQ-HDTP). Decision 04/2018/NQ-HDTP).
Accordingly, in case of unilateral divorce and uncontested divorce, two different forms will be applied, including: Form No. 23-DS: Petition and Form No. 01-VDS: Request to resolve civil matters.

3. Consent divorce form

4. Unilateral divorce application form

5. Handwritten divorce application form

6. Instructions for writing a divorce application

Besides the 2023 divorce petition form, below are detailed instructions on how to write a divorce petition:
Regarding general information: Write down the exact information of both husband and wife to match the household registration book or ID card.

Regarding the marital relationship, accurately describe the entire time, the process of living together between the couple, and the reasons leading to divorce? (Due to adultery/gambling/domestic violence or due to disagreements, boring married life...?), Where did the conflict arise, whether the couple separated or not, how long they lived apart. How long have we been together? Have we ever been reconciled?...
Regarding children: If you have children together, write down all information about the children together (name, date of birth...), wishes and proposals for raising the children.... If there are no children together.
If the couple has reached an agreement on raising the child, write down the content of the agreement.
If the child custody cannot be agreed upon, write: The two parties cannot agree on child custody rights. We request the Court to base on current legal regulations and divide child custody and support rights in accordance with the provisions of law.

Regarding property: If you have common property and request the Court to divide it, list all information about the property, actual value, and request division. If there is no common property, write: None. If you do not request the Court to divide, write that the two parties mutually agree and do not ask the Court to divide.

Joint debt: If there is a joint debt, specify the debt amount, who the creditor is, the debt repayment period... and request division of debt repayment obligations in the application. If there is no common debt, write: No... If there is common debt but no need to divide, write: Joint debt is voluntarily agreed upon by both parties without asking the Court to divide...

7 .Why should professionals use ACC Law Firm's divorce from Service ?

• Legal Compliance: ACC Law Firm's standard divorce forms are carefully crafted to meet the legal requirements of divorce proceedings in the applicable jurisdiction. Using these forms helps ensure that all necessary legal elements are included, reducing the risk of errors or omissions that could lead to delays or complications in the divorce process.

• Time Efficiency: These standard divorce forms are designed to simplify and expedite the divorce filing process. Professionals can save valuable time by using pre-prepared forms rather than creating documents from scratch or dealing with complex legal drafting.

• Accuracy: The use of standardized divorce forms enhances accuracy in legal documentation. Standardized language and formatting help prevent misunderstandings or misinterpretations that can occur when using non-standard or improvised divorce documents.

• Consistency: Using standard divorce forms ensures consistency in the documentation presented to the court. This can help maintain the integrity of the legal process and reduce the likelihood of disputes or objections related to document format or content.

Q&A

Question 1: Full Legal Name of the Petitioner (Person Initiating the Divorce):

Answer: Enter your full legal name as it appears on your identification documents.

Question 2: Full Legal Name of the Respondent (Spouse)

Answer: Enter the full legal name of your spouse as it appears on their identification documents.

Question 3: Grounds for Divorce

 Answer: Please specify the reason(s) for seeking a divorce. Common grounds include irreconcilable differences, adultery, abandonment, or domestic violence. Provide a brief explanation if needed.

Question 4: Property and Asset Division

Answer: Indicate how you would like to divide your marital assets and debts. Do you have a mutually agreed-upon plan for property division, or do you request the court's assistance in determining a fair distribution?