Where to apply for a divorce?

1. Where to apply for a divorce?

There are two ways to get a divorce according to Vietnamese law: Divorce by mutual consent or divorce at a request of one of the spouses. Based on both legal provisions and in practice, divorce by mutual consent will take the shortest time to get done.

So, how can you get the divorce by mutual consent? This paragraph will explain and specify the conditions and procedures for getting a quick divorce by the mutual consent of both the wife and the husband.

2.First, the conditions for obtaining a divorce by mutual agreement:

These are prerequisites that must be met if you wish for a competent court to acknowledge a divorce by mutual consent:

1. Both parties genuinely and willingly desire the divorce.
2. Both parties have reached a complete agreement regarding the division of their jointly owned properties and the care, nurturing, and education of their children.
3. This agreement must safeguard the lawful interests of the wife and the children.

Note: In cases where attempts at reconciliation for reunification are unsuccessful, and the involved parties cannot agree on property distribution or the care, nurturing, and education of their children (even with minor disagreements), the Court will suspend the divorce proceedings concerning the recognition of divorce by mutual consent and the agreement on child custody upon divorce. It will accept the case for resolution as divorce procedures upon the request of one spouse. The Court will not be obligated to notify the acceptance of the case or reassign a judge to handle the matter.

3. Second, the procedures for divorce by mutual consent:

The divorce by mutual consent procedures encompass four steps:

Step 1: Submission of a divorce petition to the competent Court in the locality where the spouses reside or work, seeking resolution for mutual consent divorce. The dossier should include:

- A mutual consent divorce recognition application and standard agreements on child custody and property distribution. Both spouses must sign or provide fingerprints on this application.
- Original marriage registration certificate.
- Certified copy of the registration book.
- Certified copy of identification card/passport.
- Birth certificates of children.
- Other relevant data and evidence substantiating joint properties.

This dossier can be submitted either directly or via postal services to the court.

Step 2: Payment of court fees

Upon receiving the case, a judge will be assigned within three business days to handle it. If the judge determines that the dossier satisfies all jurisdictional conditions, the spouses, as applicants, will be requested to pay the court fee for accepting the case within five days of the request.

Step 3: Preparation for reviewing the application

The Court has one month to assess the application. During this period, the Court must attempt reconciliation to facilitate the reunification of the wife and husband. If reconciliation succeeds, the Court will suspend the petition, and the marriage will continue. If not, the Court will proceed to the next step in reviewing the application.

Step 4: Holding a meeting to review the application

During the period outlined in step 3, the court may decide to convene a meeting to assess the application. Within 15 days of the decision date, the Court must hold this meeting to determine whether the mutual consent divorce petition can be approved. If the petition and agreements meet all legal requirements, the Court will recognize their request, and the divorce is often finalized within one month in such cases.

Step 5: Appeal proceedings at the appellate court

If either spouse appeals or the procuracy protests against the first-instance Court's decision within the legally defined timeframe, the matter may be addressed at the appellate Court. The decision of the appellate Court is binding on both the wife and husband and is not subject to further appeal or protest.

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Q&A

Question 1: Where should I go to initiate the divorce process?

Answer 1: To begin the divorce process, you typically need to visit the family court in the jurisdiction where you or your spouse currently reside. This court is responsible for handling divorce cases in your area.

Question 2: Can I apply for divorce online, or do I need to visit the courthouse in person?

Answer 2: The ability to file for divorce online varies by jurisdiction. Some courts offer online divorce filing services, while others require you to submit divorce papers in person at the courthouse. You should check with your local court or consult an attorney for guidance on the specific procedures in your area.

Question 3: Is it necessary to hire an attorney to apply for divorce, or can I do it myself?

Answer 3: You have the option to file for divorce without an attorney, often referred to as "pro se" or "self-representation." However, it's advisable to seek legal advice, especially if your divorce involves complex issues like property division, child custody, or spousal support. An attorney can help you navigate the legal process and ensure your rights are protected.

Question 4: What documents and information should I bring when applying for divorce?

Answer 4: When filing for divorce, you should typically bring the following documents and information:

1. A completed divorce petition or complaint.
2. Your marriage certificate as proof of the marriage.
3. Financial records, including details about assets, debts, income, and expenses.
4. Arrangements for child custody and support if you have minor children.
5. Any relevant prenuptial or postnuptial agreements.
6. Your identification details and contact information.

These requirements may vary by jurisdiction, so it's essential to check with your local court for specific guidelines.