Where is the divorce court?

1. Where is the divorce court?

Ending a marriage is an extremely difficult decision for couples. No one wants that but you have to accept it. And the road to this decision was not easy. What are the procedures and legal documents? Where can submit the divorce application? Which agency is responsible for resolving divorce cases?... Many questions need to be clarified.

2. Who has the right to request an amicable divorce settlement?

Divorce is the termination of a marital relationship due to a legally effective judgment or decision. To get a divorce, the couple must determine who has the right to request a divorce settlement.

Section 51 of the Law on Marriage and Family 2014 regulates the right to request a divorce: The spouse or both have or have the right to request the Court to resolve the divorce. The father, mother or other relatives of the spouse have the right to request the court to resolve the divorce when the spouse loses the ability to perceive and control his or her behavior due to mental illness or other illness, and is also a victim. cause of domestic violence. caused by a spouse causing serious harm to their life, health or spirit. Thus, the spouse or third person identified above will have the right to request a divorce.

3. Grounds and conditions for filing for divorce

Depending on the conditions for resolving the divorce application, there are two forms of divorce:
Divorce by consent: Husband and wife agree and agree to divorce, also known as divorce by consent or voluntary divorce.
Unilateral divorce: One spouse insists on divorce but the other does not agree to divorce, also known as unilateral divorce or divorce at the request of one party.
Each form of divorce requires different conditions. The details are as follows:

Conditions for divorce
When both spouses are really ready to divorce
When both husband and wife have an agreement on property division, alimony, education, care, and education of children... Conditions for unilateral divorce
Spouse commits domestic violence. The spouse seriously undermines the rights and obligations of the spouses, seriously worsens the marriage and makes their life together more difficult. The spouse was declared missing by the court. The spouse has a mental illness or another illness and is also a victim of domestic violence committed by the other spouse.

4. File for divorce at your place of residence or register your marriage?

According to Article 39 of the 2015 Civil Procedure Code regarding the territorial jurisdiction of the court, it is stipulated:
“Article 39. Territorial jurisdiction of the Court
The Court's territorial jurisdiction to resolve civil disputes is determined as follows:
The court where the defendant resides or works, for defendants who are individuals, or where the defendant has a registered office, for defendants who are agencies or organizations, has the authority to handle criminal proceedings. Civil and marital first instance. Family, commercial, commercial and labor conflicts specified in Articles 26, 28, 30 and 32 of this Code. The parties involved have the right to agree with each other in writing on filing an application with the Court where the plaintiff resides or works for the plaintiff being an individual or where the plaintiff has a registered office for the plaintiff being an organization. agency, organization. resolve civil, marital and family, commercial, commercial and labor conflicts specified in Articles 26, 28, 30 and 32 of this Code. Disputes related to real estate must be resolved at the Court where the real estate is located. The Court's territorial jurisdiction to resolve civil cases is determined as follows:

 The court where one of the parties agrees to a divorce, child custody agreement, property division resides, or works has the authority to resolve a request to recognize a mutual consent divorce, child custody agreement, and property division. in another country. divorce; »

Thus, the People's Courts of districts and provincial cities, collectively referred to as district-level People's Courts, have the authority to first-instance resolve civil, marital and family disputes. When a couple wants to proceed with divorce proceedings, they must send a petition to the district People's Court where the couple legally resides for resolution. Special:

For divorce by mutual agreement: If husband and wife agree to divorce, they can agree to go to the Court where the spouse resides to carry out the procedures. For unilateral divorce: The court where the defendant resides and works will have jurisdiction. In cases where there are relevant parties and assets abroad or it is necessary to entrust jurisdiction to a representative agency abroad, it falls under the jurisdiction of the Provincial People's Court.
Can I file for divorce at a temporary residence? In fact, today there are some people who do not know where to file for divorce because they work far from home.

4. Can they file for divorce at a temporary residence?

Clause 1, Article 11 of the Law on Residence 2020 clearly stipulates: Citizens' place of residence includes permanent residence and/or temporary residence. Thus, the Court of residence of the defendant (unilateral divorce) or the place of residence of one of the spouses (divorce by consent) is the place of permanent or temporary residence.
According to the above regulations, during the divorce proceedings, they can apply for divorce at the district People's Court where the couple temporarily resides.
Where to file for divorce with someone serving a prison sentence? Point a, Clause 1, Article 39 of the 2015 Civil Procedure Code regarding the territorial jurisdiction of the Court in civil matters stipulates:

“The court where the defendant resides or works, for defendants who are natural persons, or where the defendant has a registered office, for defendants who are agencies or organizations, has the authority to resolve the matter according to the provisions of law. First-time proceedings in civil matters and marriage. - and family, commercial, commercial and labor conflicts specified in Articles 26, 28, 30 and 32 of this Code;

Thus, in case of unilateral divorce with a person serving a prison sentence, a divorce request can be filed with the district People's Court where that person resides before serving the sentence.
Can I file for divorce online? How to file for divorce online. According to Clauses 1, 190 and 1, Article 363 of the 2015 Civil Procedure Code, if a person wishes to divorce, he or she can apply to the Court in one of the following forms: Directly to the Court, by way of : posted, online via the Court portal (if any). Therefore, couples who want to file for divorce can file online if the court has an electronic portal.
How to file for divorce online:

Step 1: Create an account through the portal Nopdonkhoikien.toaan.gov.vn and register a digital signature on the system.

Step 2: Log in to the system and select the petition writing function

Step 3: Click on the submit application function and confirm the digital signature to submit the application online. After filing for divorce online, you must log in to the system regularly to check and receive legal documents sent by the court through the system.
Although allowing online divorce filings can be considered a form of administrative reform to shorten travel time and reduce negative impacts in carrying out legal procedures, reality shows that filing Online divorce applications still have many shortcomings, causing difficulties. for those in need. Therefore, if not for force majeure reasons, you must now file for divorce in person or by mail.

5. Why should professionals use ACC Law Firm's divorce court service ?

• Proper Documentation: Divorce court requires extensive documentation, including petitions, affidavits, financial disclosures, and more. ACC Law Firm can assist you in preparing and submitting all necessary paperwork accurately and in a timely manner, reducing the risk of delays or legal issues.

• Strategic Planning: Experienced attorneys can help you strategize your approach to divorce court, whether it involves property division, child custody, spousal support, or other issues. They can provide guidance on negotiation tactics and represent your interests effectively.

• Court Representation: If your divorce case goes to court, having a dedicated attorney from ACC Law Firm to represent you is crucial. They will advocate on your behalf, present your case to the judge, and ensure that your rights and interests are protected throughout the legal proceedings.

Q&A

Question 1: Where can I submit my divorce application?

Answer 1: You can typically submit your divorce application to the family court in the jurisdiction where either you or your spouse currently reside. This court is responsible for handling divorce cases in your area.

Question 2: Are there different ways to submit a divorce application?

Answer 2: Yes, you can submit a divorce application in person at the family court by visiting the court clerk's office. Some jurisdictions may also allow you to submit divorce applications online or by mail. Check with your local court for the available options and procedures.

Question 3: Can I submit my divorce application at any time, or are there specific hours of operation for the court?

Answer 3: Family courts typically have specific hours of operation during which you can submit your divorce application in person. These hours may vary by court and location, so it's advisable to check with the court's website or contact them directly to confirm their hours of operation.

Question 4: Is there a filing fee associated with submitting a divorce application?

Answer 4: Yes, there is usually a filing fee associated with submitting a divorce application. The fee amount can vary depending on your jurisdiction and the specific circumstances of your case. In some cases, you may be eligible for a fee waiver or reduction based on your financial situation. Check with the court or consult with an attorney to understand the applicable fees and any available waivers or reductions.