Unilateral divorce papers

1. Unilateral divorce papers

When married life is not as expected, when the purpose of marri is not achieved and one of the spousagees refuses to sign the divorce papers, what should we do? Let's immediately learn about the unilateral divorce procedure in the article below.

2. Conditions for unilateral divorce

According to Article 56 of the Law on Marriage and Family 2014, unilateral divorce (also known as divorce at the request of one party) will be accepted by the court in the following cases:

(1) When a husband or wife applies for divorce but mediation in court fails, the court will grant a divorce if there are grounds to believe that the husband or wife has committed domestic violence or seriously violated the rights of the husband or wife. me. . The obligations of husband and wife put marriage in a serious state, life together cannot last, and the purpose of marriage is not achieved. (2) In case the spouse of the person declared missing by the Court requests a divorce, the Court will grant the divorce. (3) There is a petition for divorce from a father, mother or other family member because of mental illness or another illness that makes them unable to perceive and control their behavior and is a victim of domestic violence. family caused by her husband. /wife, seriously affecting the life, health, and spirit of the spouse, the court will grant a divorce if there are grounds to believe that the spouse has committed domestic violence. seriously affects the lives, health and spirit of others. Note that the husband does not have the right to file for divorce if his wife is pregnant, has given birth or is raising a child under 12 months old (according to Clause 3, Article 51 of the Family Law on Marriage and Family 2014).

3. Unilateral divorce procedure

Unilateral divorce:
- Divorce application (form HERE);

- Marriage certificate (original);

If the couple does not provide a marriage certificate or because they do not agree to divorce, the other party intentionally does not provide a marriage certificate, the couple can apply to the Commune People's Committee. Go to the commune or district level to complete the procedures for issuing a marriage certificate. marriage registration. . - Identity card or citizen identification card of spouse (certified copy);

- Child's birth certificate if the couple has a child together (certified copy);

- Other documents and evidence proving co-ownership such as: Certificate of land use rights (red book); Vehicle registration; notebook... (certified copy).
Steps to unilateral divorce:
Step 1: The party requesting a divorce must submit an application for unilateral divorce to the district People's Court where the defendant (husband and wife) resides and works. Divorce cases involving foreign elements fall under the jurisdiction of the Provincial People's Court. Step 2: Pay court fees in advance

The requester (husband and wife) must pay the civil court fee advance to the district-level judgment enforcement agency within 7 working days from the date of receiving the Court's notice. The level of court fee advance is specified in Resolution 326/2016/UBTVQH14. Unilaterally divorced spouses must submit to the Court a receipt for payment of court fees within 03 working days. Step 3: The court accepts the case, resolves the case according to general procedures and issues a judgment or decision to resolve the case. The court will require the parties to mediate in court. If conciliation fails, the Court will open a first instance trial.
Time limit for resolving unilateral divorce cases
Currently, there are no specific regulations on the time limit for resolving divorce cases. However, depending on each actual case, the time to resolve a divorce case can be from 4 to 6 months (possibly longer). The shorter the better). more) depending on the complexity and will of the parties.

Q&A

Question 1: What is unilateral legal divorce?

Answer 1: Unilateral divorce, also known as no-fault divorce, is a legal procedure that allows one spouse the right to apply for divorce without having to prove the other party's fault or wrongdoing. It is based on irreconcilable differences or the breakdown of the marital relationship.

Question 2: What are the common reasons for unilateral divorce?

Answer 2: Unilateral divorce is often based on reasons such as irreconcilable differences, incompatibility or the belief that the marriage is irreparable. These grounds do not require one party to prove wrongdoing by the other party but rather reflect a desire to end the marriage due to a breakdown in the relationship.

Question 3: What are the steps involved in the unilateral divorce procedure?

Answer 3: Unilateral divorce procedures usually include:
Filing for Divorce: One spouse begins the process by filing for divorce with the appropriate court. Service of Divorce Papers: The applicant serves the other spouse with divorce papers, notifying them of the divorce proceedings. Answer: The defendant spouse may have a specific deadline to respond to the divorce petition. Problem solving: Couples can negotiate or litigate issues such as property division, child custody, and spousal support. Finalization: Once all issues have been resolved or resolved, the court will make a final decision regarding the divorce.

Question 4: In case of unilateral divorce, is there a waiting period or mandatory consultation requirement?

Answer 4: In some jurisdictions, there may be a waiting period or mandatory counseling requirement before an uncontested divorce is finalized. These requirements vary by location, and it is essential to consult an attorney or research local laws to understand the specific requirements in your jurisdiction.