Unilateral undocumented divorce of husband

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1. Unilateral undocumented divorce of husband

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.

2. Unilateral request for divorce


SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

____________________


……(1), day…..month……year…….
PETITION


To: People's Court (2) ………..

Full name of applicant: (3) ………..……….. Address: (4) …………….. ……. Full name of person whose rights and interests are protected (if any) (5)……

Address: (6) ………………………….. Full name of person prosecuted: (7) …….. ……………. ……. Address: (8) ………….. ……. Full name of person with related rights and obligations (if any) (9) …….. ……. …………. Address: (10) ………………….. Request the Court to resolve the following issues with the defendant and people with related rights and obligations (11) …………………. . …………

…………………..
………………….. Full name of witness (if any) (12) …….. ……

Address: (13) ……….. ………. ……….. Records and documents accompanying the petition include: (14)

Firstly…………………………………………………………………………………………. 2 ………………….. …………………..
(Other information that the applicant considers necessary for resolving the case) (15)

………………… ……….. ……………..………. ………. Applicant (16)

3. Instructions for use Form No. 01

(1) Note the requested location (for example: Hanoi, date…..month…..year……). (2) Appoint a court with jurisdiction to resolve the matter; If it is a district People's Court, it is necessary to clearly identify which district People's Court belongs to the province or centrally run city (for example: People's Court of district A, province B), if it is a district People's Court. At the provincial level, the People's Court of the province (city) must clearly identify (for example, the People's Court of Hung Yen province) and the address of this Court. (3) In case the applicant is an individual, write full name; In case the plaintiff is an agency or organization, write the name of the agency or organization and write the full name of the legal representative of the agency or organization that initiated the lawsuit. (4) In case the complainant is an individual, write the full address of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); If the applicant is an agency or organization, write down the address of the headquarters of that agency or organization (for example: Hin Sen Co., Ltd. has headquarters: No. 20 LTK Street, HK District, H City). (5), (7) and (9) Save similarly to instructions in (3). (6), (8) and (10) Write similarly to instructions in (4). (11) Clearly state each issue the Court must resolve. (12) and (13) Write the full name and address of the permanent witness (commune, city, district, province). If it is a workplace, write the address where this person works (for example: Nguyen Van A, works at company B, headquartered on...street...street... Hanoi city). (14) Clearly state the names of documents attached to the application that must be recorded and numbered (for example: documents attached to the application include: copy of house purchase contract, copy of certificate) of land purchase rights...)

(15) Note the information that the plaintiff considers necessary to resolve the case (for example, the plaintiff notifies the court when a dispute arises with one of the litigants who has gone abroad for medical treatment). sick….). (16) In case the applicant is an individual, the applicant's signature or address is required; If it is an organization organizing the trial, the legal representative of the agency or organization initiating the lawsuit must sign, clearly stating the full name, position and seal of that agency or organization.
3. Where to apply 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 an application, pay court fees... Instead In addition, if the couple cannot participate in the proceedings, they can file a request for trial in absentia to the Court...

Q&A

Question 1: What is the form of unilateral divorce in Vietnam and who can apply?

Answer 1: In Vietnam, unilateral divorce is a legal document used to initiate a divorce lawsuit when one spouse wishes to unilaterally end the marriage. Either spouse can file this petition, as long as they meet the legal conditions for divorce.

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

Answer 2: In Vietnam, common grounds for unilateral divorce are adultery, abandonment for at least 12 consecutive months, serious misconduct or physical violence, and living apart for at least 24 months. consecutive months without reconciliation. Specific grounds may vary depending on jurisdiction.

Question 3: When filing for a unilateral divorce in Vietnam, what documents and information are usually needed?

Answer 3: When filing for a unilateral divorce in Vietnam, you will usually need the following documents:
A completed divorce form, including details about the reason for the divorce and the settlement requested. Your marriage certificate. Identification documents of both husband and wife. Documents related to requests for property division, alimony, child custody and child support. It is essential to consult with local authorities or an attorney to ensure you have all the necessary documents for your specific jurisdiction.

Question 4: What are the procedures after filing for unilateral divorce in Vietnam?

Answer 4: After filing for divorce in Vietnam:
The court will usually schedule a hearing to review the case. Both spouses will have the opportunity to present their arguments and evidence. The court will make decisions on issues such as property division, alimony, child custody, and child support. If the divorce is finalized, the court will issue a divorce decision. This process may vary depending on the complexity of the case and local legal procedures. Legal advice should be sought to navigate the process effectively.

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