QUICK DIVORCE CONSULTING SERVICES
- Divorce is based on the principle of voluntariness and equality. Consensus divorce is said to be the most appropriate and fastest solution to a divorce. However, during the divorce process, other disputes will arise. Therefore, in this article, Thinh Tri Law will advise you on the fastest way to get a divorce today. Hope it can be of help to you!
OUTLINES
1. Will the consent divorce be resolved quickly?
2. The fastest unilateral divorce procedure.
3. How long does the fastest divorce procedure take?
- In order to get a quick divorce, it is necessary to depend on different divorce methods. The current marriage and family law stipulates two divorce cases, which are unilateral divorce and consensual divorce. If you choose the consent form of divorce, the divorce time will be faster than in the case of unilateral divorce.
- In case both husband and wife sign the divorce petition together, the request for the competent People's Court to recognize the request for consent to divorce will be settled according to the civil procedures prescribed in the Civil Procedure 2015.
- In this proceeding, there is a special note that will mediation the divorce.
- The divorce settlement procedure takes place only in cases where both husband and wife jointly request a divorce and two people have reached an agreement on other related issues. If the Court considers that the two spouses voluntarily divorce, they have agreed on the issue of property division, rearing and child support.
- The amicable divorce settlement procedure can only take place in cases where husband and wife jointly request a divorce and have reached other relevant agreements. If deeming that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children, the Court shall consent to divorce. If an agreement cannot be reached or an agreement is reached but the legitimate interests of the wife and children are not guaranteed, the Court shall settle the divorce.
→Read more:: Advice on divorce procedures during pregnancy fastes
Figure 2. Thinh Tri Law - The fastest unilateral divorce procedure.
- Pursuant to Article 56 of the Law on Marriage and Family 2014 stipulates that a divorce can be resolved by a competent People's Court at the request of one party. Thereby, both spouses have the right to request the People's Court to settle the divorce unilaterally when having one of the following grounds:
- A spouse engaged in domestic violence;
- A spouse commits a serious violation of his or her rights and obligations, causing the marriage to fall into a serious state, unable to continue living together, and unable to fulfill the purpose of contributing to a family.
- The court has jurisdiction to declare one of the missing spouses.
- Because a unilateral divorce is derived from the request of one spouse, in reality there are many cases where the other party causes difficulties, even acts to hinder the divorce.
- Về bản chất, đơn phương ly hôn là một vụ án dân sự.
- Therefore, the actual time of unilateral divorce will be much longer than prescribed by law. In essence, a unilateral divorce is a civil case.
- Therefore, the procedure for unilateral divorce settlement will be carried out according to the procedures of a civil case specified in the Civil Procedure Code 2015:
- Step 1: Submit an application to the competent People's Court
- The person who requests for a unilateral divorce shall send the application to the competent People's Court.
- Step 2: The court considers the petition
- After receiving the petition from the petitioner, the competent People's Court will assign a judge to consider the petitioner's petition within 3 working days. Then, within 05 days from the date of assignment, the Judge will make one of the following decisions:
- The petitioner must amend and supplement the lawsuit petition;
- The court handles the case;
- The court shall transfer the petition to another unit competent to handle it and notify the petitioner;
- The court returns the petition;
- Step 3: The court accepts the petition
- In case the Court accepts the lawsuit petition, within 04 months, the People's Court will prepare the trial to collect relevant evidences, determine the litigants' status, conduct conciliation,…
- During this period, the person requesting the divorce will be notified to pay the court fee advance and return the receipt to the People's Court and the Court will issue one of the following decisions: Recognition of the agreement of involved parties, temporarily suspending the settlement of the case, suspending the settlement of the case, and bringing the case to trial.
- For cases of complicated nature or nature of force majeure or objective obstacles, the Court may extend the trial preparation time, but must not exceed 02 months.
- Step 4: The court opens the trial
- Within 01 month from the date of bringing the case to trial, a competent court must open a trial. If there is a plausible reason, the time limit for bringing the case to trial shall not exceed 2 months.
→ Read more: The latest divorce procedures in 2022
- One of the issues that many couples are concerned about is the divorce settlement time when using the fast divorce service. According to the normal procedure, the time to resolve the consent divorce procedure will be about 2 months to 3 months, for a unilateral divorce it will be about 4 to 6 months or it may depend on the severity of the complexity of the case.
- Divorce service at Thinh Tri Law will help customers shorten the divorce time, avoid losing customers' time and effort in commuting to handle administrative procedures, specifically:
- For consensual divorce. Lawyers at Thinh Tri Law will compile applications, prepare documents according to the provisions of the law, and at the same time represent the client to the competent Court to file, pay the court fees, schedule the client to come to work at Thinh Tri Law Firm. Court. The client only takes 1 working session directly at the Court with the support of a lawyer of Thinh Tri Law, the working session only lasts from 30-45 minutes, and after 07 days, the client's divorce decision will be granted. sent to the legal expert of Thinh Tri Law. Thinh Tri Law will hand over the divorce decision to the customer.
- For unilateral divorce: Similar to the consent divorce procedure, however, for the unilateral divorce procedure, the customer needs to arrange an appointment with the Court for about 3 times (depending on the complexity of the divorce process). complexity of the case). After about 3 months of working, the divorce judgment will be handed to the client through the legal team of Thinh Tri Law.
→ More articles:
→ Before applying for a divorce, what do you need to know in the division of common property?
→ Principle of equality in divorce.
- Hope this article will provide useful information for you. If you have any problems in the divorce settlement process, please contact
THINH TRI LAW FIRM
Hotline: 1800 6365
