Unilateral Divorce Application in Word: A Customizable Legal Document

1. Unilateral Divorce Application in Word: A Customizable Legal Document

I want to unilaterally divorce my husband. How is the latest unilateral divorce form 2022 in Vietnam implemented? What are the conditions for unilateral divorce according to Vietnamese regulations? 

2.What conditions are required for a unilateral divorce?

Vietnam's latest unilateral divorce application form (Form No. 23-DS) 2022? Unilateral divorce is currently the form prescribed in Resolution 01/2017/NQ-HDTP according to form No. 23-DS Petition as follows:

3. What are the conditions for unilateral divorce in Vietnam?

According to Section 56 of the Law on Marriage and Family 2014, divorce at the request of either party is prescribed as follows:

- When a husband and wife apply for divorce or reconciliation before the Court fails, the Court will grant a divorce if there are grounds to believe that one of the spouses has committed domestic violence or seriously violated the rights, The obligations of husband and wife lead to serious deterioration. marriage and makes their life together more impossible and the goal of marriage impossible.
- When the spouse of a person declared missing by the court requests a divorce, the court grants the divorce.
- For requests for divorce according to the provisions of Clause 2, Article 51 of this Law, the Court allows divorce if there are grounds to believe that domestic violence committed by one spouse causes serious harm to the character of the other. the life, health, and spirit of the other person. Therefore, if you want to unilaterally divorce, you must prove that you fall into the above cases.
Where to file for unilateral divorce in Vietnam? Article 39 of the 2015 Civil Procedure Code stipulates that the Court where the defendant resides and works has the authority to resolve marital and family disputes according to first instance procedures. Thus, in case of unilateral divorce, the court with jurisdiction will be where the defendant resides and works.
Please note: Currently, according to the provisions of Clause 4, Article 85 of the 2015 Civil Procedure Code, spouses are not allowed to divorce another person to participate in the proceedings but can only file applications and pay court fees... Instead, if the couple cannot participate in the proceedings, they can request the court to hear the case in absentia...

4. Divide assets and gain custody of children after divorce according to Vietnamese regulations?

According to Article 59 of the Law on Marriage and Family 2014, the division of property after divorce is as follows:

“Article 59. Principles for resolving husband and wife property upon divorce
1. Property settlement is agreed upon by the parties in case of applying the legal marriage regime. If no agreement can be reached on this issue, at the request of one or both spouses, the Court will decide according to the provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 This. This action. If the marital agreement regime is applied, property settlement upon divorce must be carried out according to this agreement. In case the agreement is incomplete or unclear, the settlement shall be carried out in accordance with the corresponding provisions in Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law. . 2. Common property is divided into the following two bases:
a) Family and spousal circumstances;
b) The contribution of each spouse to the creation, maintenance and development of common property. Housework performed by husband and wife in the family is considered income-generating work;
c) Protect the legitimate rights of each spouse in production, commercial and professional activities to create conditions for each spouse to continue working to generate income;
d) Each party's fault in violating the rights and obligations of husband and wife. 3. The common property of husband and wife will be divided in kind. If it cannot be divided in kind, common property will be divided according to value. The party who receives property in kind with a value greater than the portion to which he or she is entitled will pay the difference in value to the other party. 4. Separate property of husband and wife is owned by husband and wife, except for separate property merged into common property according to the provisions of this Law. Husband and wife who request to divide separate property that has been merged or mixed with common property will be paid according to the value of their property contributed to the common property, unless the husband and wife have otherwise agreed. 5. The legal rights and interests of wives, minor children, adult children who have lost civil capacity or are unable to work and have no property to support themselves are protected. 6. The Supreme People's Court is primarily responsible for and coordinates the direction of this with the Supreme People's Procuracy and the Ministry of Justice.

According to Article 81 of the 2014 Law on Marriage and Family, child custody rights after divorce are regulated as follows:
“Article 81. Caring for, raising and educating children after divorce
1. After divorce, parents still have the right and obligation to care for, care for, raise and educate minor children or adult children who have lost civil act capacity and are unable to work. and have no assets to meet their needs according to the provisions of this law. , Civil Code and other relevant laws. 2. Husband and wife agree on who will directly raise the child and their obligations and rights to the child after divorce. If no agreement can be reached, the court will appoint one person or the other to directly raise the child, taking into account the family's interests in all aspects. If the child is 7 years old or older, the child's wishes will be taken into account. 3. Children under 36 months old must be directly raised by the mother, unless the mother is unable to directly care for, care for, raise, educate the child or otherwise agreed by the parents for the benefit of the child.

5. Why should professionals use ACC Law Firm's unilateral divorce application word service?

• Customization: ACC Law Firm's Word document format allows professionals to customize their unilateral divorce application to their specific needs and circumstances. This ensures that the application accurately reflects their individual situation, grounds for divorce, and desired outcomes.

• Ease of Use: Microsoft Word is a widely used and user-friendly application. Professionals are likely familiar with its interface, making it easier for them to navigate and modify the divorce application according to their requirements.

• Legal Compliance: Filing for divorce unilaterally requires adherence to specific legal standards and requirements. ACC Law Firm's service provides a template that helps professionals maintain legal compliance, reducing the risk of errors or omissions that could lead to complications or rejections.

• Clarity and Detail: The Word document format allows for detailed and clear articulation of claims and requests within the divorce application. Professionals can express complex circumstances or specific issues more comprehensively.

• Cost-Effective: Preparing a unilateral divorce application in Word format with the assistance of ACC Law Firm can be a cost-effective alternative to hiring a lawyer for document preparation. It offers a practical and budget-friendly solution for professionals seeking a customized legal document.

• Efficiency: ACC Law Firm's service provides a structured template that streamlines the process of creating a unilateral divorce application. This efficiency allows professionals to prepare their divorce documents promptly and accurately.

• Legal Protection: A well-prepared and legally compliant Word document divorce application provides legal protection by ensuring that claims and requests are clearly articulated and supported within the legal framework.

• Peace of Mind: Professionals can have peace of mind knowing that their Word document application is comprehensive, legally sound, and adheres to the necessary procedures, reducing stress and uncertainty during the divorce process.

• Confidentiality: ACC Law Firm values client confidentiality and ensures the safeguarding of all personal and legal information provided in the Word document divorce application, preserving the privacy of professionals throughout the divorce process.

Q&A

Question 1: What is a unilateral divorce application in Word format, and how does it differ from other divorce filing methods?

Answer 1: A unilateral divorce application in Word format is a digital document created using Microsoft Word or a similar word processing software. It allows individuals to prepare their divorce application electronically and customize it according to their specific needs. This differs from traditional paper-based forms and may offer greater flexibility and ease of editing.

Question 2: What are the advantages of using a unilateral divorce application in Word format for divorce filings?

Answer 2: Using a unilateral divorce application in Word format offers several advantages:

• Customization: It allows individuals to tailor the divorce application to their specific circumstances, ensuring that it accurately reflects their requests and grounds for divorce.
• Editability: Users can easily make changes and revisions to the document as needed.
• Neatness: Word processing software ensures that the application is neatly typed and legible.
• Electronic storage: The digital format enables users to store, share, and back up their divorce application electronically.

Question 3: What are the key components that should be included in a unilateral divorce application in Word format?

Answer 3: A unilateral divorce application in Word format should include essential components such as:

• Identifying information: Names, addresses, and contact details of both spouses.
• Grounds for divorce: A clear statement of the reasons for seeking the divorce.
• Relief sought: Requests for remedies such as child custody, child support, spousal support (if applicable), and property division.
• Marital history: Relevant details about the marriage, including the date and place of marriage, and information about minor children.

Question 4: Are there any specific guidelines or precautions individuals should follow when using a unilateral divorce application in Word format to ensure its legality and compliance with local laws?

Answer 4: To ensure the legality and compliance of a unilateral divorce application in Word format, individuals should consider the following:

• Consult with an attorney: Seek legal advice to understand local divorce laws and requirements.
• Use official templates: If available, use official or standardized unilateral divorce application templates provided by local authorities or courts.
• Follow local rules: Adhere to the specific rules and procedures for divorce filings in your jurisdiction.
• Keep copies: Maintain copies of the digital document for your records and future reference.
• Consider legal review: It may be wise to have an attorney review the application to ensure it meets legal standards and requirements.