Unilateral divorce records 2022

1. Unilateral divorce records 2022

As per Article 56 of the Marriage and Family Law of 2014, a unilateral divorce (also referred to as a divorce requested by one party) will be acknowledged by the Court under the following circumstances:

(1) In situations where one spouse seeks a divorce but court-mediated reconciliation proves unsuccessful, the Court may grant the divorce if there is evidence indicating that the husband or wife has engaged in domestic violence or has substantially violated the rights of the other spouse. The marital obligations have deteriorated to a severe degree, cohabitation has become unmanageable, and the marriage's intended purpose cannot be realized.

(2) When the spouse of a person declared missing by the Court requests a divorce, the Court will grant the divorce.

(3) If a request for divorce is made by the father, mother, or other relatives of a spouse suffering from a mental illness or another condition that renders them incapable of perceiving and controlling their behavior, and they are also a victim of domestic violence perpetrated by their husband or wife, significantly affecting the life, health, and well-being of the affected spouse, the Court will decree a divorce if there are valid grounds to believe that the husband or wife has committed acts of domestic violence that seriously impact the life, health, and well-being of the other party.

Please note that a husband does not have the right to request a divorce if his wife is pregnant, giving birth, or caring for a child under 12 months old (as stipulated in Clause 3, Article 51 of the Marriage and Family Law of 2014).

2. Procedure for One-Sided Divorce

2.1 Filing for a Unilateral Divorce

- Submission of a divorce application (available form HERE);

- Presentation of the original marriage registration certificate;

In cases where the spouse does not possess the marriage registration certificate or refuses to provide it due to disagreement with the divorce, the requesting party can approach the People's Committee of the commune or ward to request an extract of the marriage registration certificate.

- Provision of a certified copy of the spouse's identity card or citizen's identity card;

- Furnishing a certified copy of the children's birth certificate in case the husband and wife share common children;

- Submission of other relevant documents and evidence demonstrating shared assets, such as certified copies of the land use rights certificate (red book), vehicle registration, passbook, and so forth.

2.2 Steps for Initiating a One-Sided Divorce

Step 1: The party seeking a divorce must file a unilateral divorce petition at the district-level People's Court in the jurisdiction where the respondent (husband or wife) resides or works. In cases involving international elements, jurisdiction falls under the province-level People's Court.

Step 2: Advance payment of court fees

The petitioner (spouse) is required to make an initial civil court fee payment at the district-level Judgment Execution Sub-Department within 7 working days of receiving the Court's notification.

The specific amount of the court fee advance is outlined in Resolution 326/2016/UBTVQH14.

The spouse requesting a unilateral divorce must return the court fee advance receipt to the Court within 3 working days.

Step 3: Court acceptance of the case, initiation of general case resolution procedures, and issuance of a judgment or decision for case resolution.

The Court will urge the involved parties to engage in mediation at the Court. If mediation proves unsuccessful, the Court will commence the first-instance trial procedure.

2.3 Timeline for Resolving a One-Sided Divorce Case

Currently, there is no specific regulation regarding the timeline for resolving divorce cases. Nevertheless, based on real cases, the duration for resolving divorce cases can range from 4 to 6 months (or possibly even shorter) depending on the complexity level and the willingness of the parties involved.

Q&A

Question 1: What are the grounds for obtaining a unilateral divorce in 2021 under the Law on Unilateral Divorce?

Answer 1: The grounds for obtaining a unilateral divorce in 2021 may vary by jurisdiction, but common grounds typically include situations where one spouse has committed acts of domestic violence, serious rights violations, mental illness, or if a spouse has been declared missing by the court. It's essential to consult your specific jurisdiction's laws for precise criteria.

Question 2: Are there any restrictions on requesting a unilateral divorce in 2021 according to the law?

Answer 2: Yes, restrictions may apply. For instance, in some jurisdictions, a husband may not have the right to request a divorce while his wife is pregnant, giving birth, or caring for a child under a certain age. Such restrictions can vary by region and should be examined under the specific laws in place.

Question 3: What is the typical procedure for filing for a unilateral divorce in 2021?

Answer 3: The procedure for filing a unilateral divorce generally involves submitting a divorce application to the appropriate court, providing necessary documentation such as marriage certificates, identity cards, and birth certificates of children (if applicable). Additionally, court fees are usually involved. The exact steps may vary depending on your jurisdiction, so it's advisable to seek legal guidance or consult local legal resources.

Question 4: Is there a specified time frame for resolving unilateral divorce cases in 2021?

Answer 4: The time frame for resolving unilateral divorce cases can vary widely, and there may not be a specific regulation setting a universal time limit. The duration of the process depends on factors such as the complexity of the case, the court's caseload, and the willingness of the parties to reach an agreement. Parties involved in a unilateral divorce case should consult with their legal representatives or the court to get an estimate of the expected timeline based on their specific circumstances and jurisdiction.