What Is a Divorce Petition: Understanding the Initial Step in the Divorce Process

1. What Is a Divorce Petition: Understanding the Initial Step in the Divorce Process

The 2023 unilateral divorce application form is form 23-DS (Petition) issued with Resolution 01/2017/NQ-HDTP.

                                                            SOCIALIST REPUBLIC OF VIETNAM

                                                          Independence - Freedom - Happiness

                                                                                                                 …… ⁽¹⁾ , day…..month……year…….

                                                                          PETITION

                                           To: People's Court ⁽²⁾ ……………………………………

Petitioner: ⁽³⁾ .........................................................................................................

Address: ⁽⁴⁾ ............................................................................................................

Phone number: …………………(if any); Fax number: ………………….(if any)

E-mail address: ………................................................ (if any)

Defendant: ⁽⁵⁾ .........................................................................................................

Address ⁽⁶⁾ ................................................................................................................

Phone number: …………………(if any); Fax number: ………………….(if any)

E-mail address: ………................................................. (if any)

Person whose rights and interests are protected (if any) ⁽⁷⁾ ...................................

Address: ⁽⁸⁾ ..............................................................................................................

Phone number: …………………(if any); Fax number: ………………...(if any)

Email address: ………………………………............(if any)

Persons with related rights and obligations (if any) ⁽⁹⁾ .........................................

Address: ⁽¹⁰⁾ ...........................................................................................................

Phone number: …………………(if any); Fax number: ………………….(if any)

Email address: ..………………………..……............. (if any)

Request the Court to resolve the following issues: ⁽¹¹⁾ .............................

Witnesses (if any) ⁽¹²⁾ .....................................................................................................

Address: ⁽¹³⁾ .................................................................................................................

Phone number: …………………(if any); Fax number: ………………….(if any)

Email address: ………………………...…….…......... (if any).

The list of documents and evidence accompanying the petition includes: ⁽¹⁴⁾ ....................

1..........................................................................................................................................

2.......................................................................................................................................

(Other information that the plaintiff considers necessary for resolving the case) ⁽¹⁵⁾ .....................

                                                                                                                                                Petitioner ⁽¹⁶⁾

2. What is included in a divorce petition in Vietnam?

You can refer to the following documents necessary for a unilateral divorce petition:

- Unilateral divorce petition
- Original marriage registration certificate
- Applicant's ID card/Citizen Identification card/Passport
- Household registration book of both spouses
- Certified copy of the child's birth certificate if children are involved
- Pertinent records demonstrating assets, in the event of asset disputes, such as a copy of the Certificate of land use rights or vehicle registration certificate for cars and motorbikes. If shared bank accounts exist, attach a bank statement.

In cases where joint debts are shared, required documents may encompass loan agreements, mortgage contracts, or pledges.

Please bear in mind that for cases involving child custody, divorce in absentia, or those with international components, additional documentation may be necessary.

3. What are the procedures for handling a unilateral divorce request in Vietnam?

Article 191 of the 2015 Civil Procedure Code outlines the processes for receiving and addressing lawsuit petitions as follows:

Step 1: Courts accept lawsuit petitions from litigants through petition receiving divisions, either in person, by mail, or electronically. They record these petitions in the petition registers. When submitted in person, Courts issue an immediate receipt. For mailed petitions, Courts send receipt notifications to litigants within 2 working days. If submitted electronically, Courts notify litigants through the e-portal if available.

Step 2: Within 3 working days of receiving petitions, the Chief Justices of Courts assign a Judge to review them.

Step 3: Within 5 working days of assignment, Judges review the petitions and make one of the following determinations:

a) Request amendments or additions to the lawsuit petitions.
b) Initiate case acceptance procedures, either standard or simplified, if they meet simplified procedure criteria.
c) Transfer the lawsuit petitions to competent Courts and inform litigants if the cases fall under another court's jurisdiction.
d) Return the lawsuit petitions to litigants if they do not fall within the court's jurisdiction.

Step 4: The outcomes of petition examination by Judges are recorded in the petition registers and conveyed to litigants through the Courts’ e-portals, if accessible.

To summarize, the divorce application process in Vietnam entails the subsequent stages:

Step 1: The individual requesting a unilateral divorce submits the application in person, by mail, or online to the Court.

Step 2: Within 3 working days of receiving the divorce petition, the Chief Justice assigns a Judge to evaluate it.

Step 3: The Judge reviews the divorce petition and renders decisions according to the specified criteria.

Step 4: The results of the petition review are communicated to the petitioner.

Warm regards!

4. Why should professionals use ACC Law Firm's Divorce Petition service?

• Legal Expertise: ACC Law Firm specializes in divorce proceedings and legal documentation. Their legal professionals possess the expertise necessary to draft a divorce petition that complies with all relevant legal requirements and standards.

• Efficiency: Initiating a divorce involves various administrative and legal procedures. ACC Law Firm's service streamlines this process, saving professionals valuable time and effort by providing guidance and the necessary documentation to initiate the divorce efficiently.

• Procedural Guidance: Filing for divorce requires adherence to specific legal procedures and requirements. ACC Law Firm's service offers professionals clear and precise guidance on how to complete the divorce petition correctly, ensuring compliance with the law.

• Customization: Each divorce case is unique, and ACC Law Firm's service can be tailored to meet the specific needs and circumstances of professionals, ensuring that the divorce petition accurately reflects their individual situation.

• Cost-Effective: ACC Law Firm's service provides a cost-effective alternative to hiring a lawyer to draft a custom divorce petition. Professionals can achieve their legal goals without incurring excessive legal fees.

• Legal Protection: Using a professionally facilitated divorce petition offers legal protection by ensuring that professionals' rights and interests are clearly defined and legally recognized throughout the divorce process.

• Confidentiality: ACC Law Firm values client confidentiality and safeguards all personal and legal information related to the divorce petition.

• Peace of Mind: Initiating a divorce is a significant life decision. Using ACC Law Firm's divorce petition service provides peace of mind, knowing that the process is being managed professionally and correctly in accordance with professionals' preferences and goals.

• Legal Compliance: ACC Law Firm ensures that their divorce petition complies with all relevant legal standards, reducing the risk of complications or errors.

Q&A

Question 1: What is a divorce petition, and what is its primary purpose in the legal process of divorce?

Answer 1: A divorce petition is a formal legal document used to initiate the divorce process. Its primary purpose is to request the court's intervention in dissolving a marriage, outlining the reasons for divorce, and specifying the desired outcomes regarding property division, child custody, child support, and alimony.

Question 2: What key information is typically included in a divorce petition, and why is it crucial for this information to be accurate and complete?

Answer 2: A divorce petition typically includes information such as the names and contact details of both spouses, marriage details, grounds for divorce, child-related matters, property division preferences, and requests for alimony or child support. Accuracy and completeness are crucial to ensure the legal process proceeds smoothly and that the court has a clear understanding of the petitioner's intentions and needs.

Question 3: Are there different types of divorce petitions, and how do they vary based on factors like mutual consent or contested divorce?

Answer 3: Yes, there are different types of divorce petitions. In mutual consent divorces, both spouses may sign a joint divorce petition, indicating their agreement to divorce terms. In contested divorces, one spouse initiates the process through a divorce petition, which may be contested by the other spouse. The content and format of the petition can vary depending on the type of divorce and jurisdiction.

Question 4: What are the typical steps that follow the submission of a divorce petition, and why is it important for both parties to seek legal counsel during this process?

Answer 4: After a divorce petition is filed, the court reviews it to ensure compliance with legal requirements. Subsequent steps may include hearings, mediation, or negotiations to address issues like property division and child custody. Seeking legal counsel is vital for both parties to understand their rights, navigate the legal process, and work towards equitable and mutually agreeable resolutions.