Quick procedures for unilateral divorce, what should be noted?

Unilateral divorce is when one of the spouses requests a divorce when they do not want to prolong their married life with the other.

This is a divorce form at the request of one party without having agreed from two sides - the two parties have reached an agreement on the issues of property division, termination of the marriage relationship, child rearing, alimony, etc. , the petitioner should note the following for a quick unilateral divorce:

1) There must be reasons and proof of divorce for the Court to accept the unilateral divorce petition. Specifically:

- One of the spouses must commit acts of domestic violence or seriously violate the husband and wife's rights and obligations such as being faithful, loving each other, etc.

- It is the above-mentioned behavior of husband and wife that causes the marriage to fall into a serious condition; the husband and wife cannot live together.

When a quick divorce is needed, the applicant needs to prepare sufficient evidence to prove his divorce request is correct. Thereby, the unilateral divorce request will be accepted and the time to consider and accept the case as well as prepare for trial will also be more favorable.  

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2) Must prepare enough divorce dossier. When the divorce file is sufficient, it does not take more time to amend and supplement. According to Clause 1, Article 193 of the Civil Procedure Code, the Court only allows the husband and wife to amend and supplement within 01 month or an extension of no more than 15 days in case of special circumstances.

3) To be present when summoned by the Court under Clause 1, Article 227 of the Civil Procedure Code:

- If he is absent at the first summons, the court shall adjourn the court session, unless there is a written request for trial in his/her absence.

- Absent at the second summons, the Court will suspend the settlement of the case because it is considered that the plaintiff has abandoned the lawsuit claim.

If there is no proper application for a trial in absentia or absenteeism when the court summons it , the settlement time will be extended because the court session is adjourned.

4) Do not ask the Court for conciliation because if one of the involved parties proposes not to conciliate. According to Article 207 of the Civil Procedure Code, this unilateral divorce case will not be reconciled. As a result, the trial preparation time may be shorter than usual.