LATEST GUIDANCE ON
UNILATERAL DIVORCE PROCEDURE
Figure 1. Thinh Tri Law – Advice on the latest unilateral divorce procedure
The unilateral application for divorce will have accompanying conditions, you must satisfy one of those grounds before the Court accepts the unilateral divorce file. Therefore, in conducting the unilateral divorce procedure, you must understand the provisions of the procedural law so as not to fall into a deadlock in the divorce settlement process. In the following article, Thinh Tri Law will provide readers with some information related to the application and unilateral divorce procedures.
KEY CONTENT
1. Who is entitled to file a unilateral divorce petition?
2.Dossier of an unilateral divorce application
3. Order and procedures for unilaterally applying for divorce.
4. Frequently asked questions about unilateral divorce.
- If the divorce is consensual, the divorce has the consent of both spouses, while unilateral divorce is understood as one of the two parties requesting a divorce.
- Subjects who are required to obtain a unilateral divorce are:
- Wife, husband or both have the right to request the Court to settle the divorce.
- Parents and relatives of the spouses have the right to request a divorce when one of the spouses suffers from mental illness or other diseases and cannot perceive, control and control their behavior. Concurrently, they are victims of domestic violence caused by the spouses, which seriously affects their lives, health as well as their spirit.
- Thus, the Court will settle for divorce in cases where there are grounds that the marriage is in serious condition, the conflict persists, the common voice cannot be found, the marriage purpose cannot be achieved due to other issues. following circumstances:
- One of them commits domestic violence
- Serious violations of the obligations of husband and wife such as love, respect, care, loyalty, care, help, etc.)
- In particular, in cases where the wife is pregnant, giving birth or raising a child under 12 months old, the husband is not entitled to request a divorce.
- Thus, the unilateral divorce may be caused by a spouse or other relative (must meet the conditions prescribed by the Law), then the Court can request the Court to resolve the divorce unilaterally.
→ Read more: What to know about the marriage and family law 2014.
- Unilateral divorce application
- Original Marriage Certificate, if not, you can apply for a copy of the marriage certificate or get certification from the Commune People's Committee where you have registered your marriage.
- Certified copy of ID card/ chip- based citizen card of spouses, household registration book
- A copy of the child's birth certificate if there are common children
- Papers proving ownership of the property, if there is a property dispute.
Order and procedures for unilateral divorce.
- Step 1: Submit your application
- Prepare the documents in the dossier mentioned above. In addition, you must collect evidences to prove acts of domestic violence, failure to fulfill the obligations of the other party, evidence of adultery... to provide to the Court.
- Submit the prepared file at the People's Court of the district/city/city where the defendant (spouse) is residing or working.
- Step 2: Court considers and settles
- After receiving the petition from the plaintiff, the Court will consider whether to accept the application or not after 05 working days.
- If the dossier is valid, the Court shall send a notice of payment of the court cost advance, the Court shall issue a decision to accept the unilateral divorce petition from the time the plaintiff submits the receipt for which the court fee advance has been paid.
- Step 3: Court conducts mediation
In case of successful conciliation: The Court makes a record of successful conciliation. After 07 days, if the involved parties do not change their opinions, the Court will issue a decision to recognize the successful conciliation. This decision takes effect on the day and is not subject to appeal.
In case of unsuccessful conciliation: The court must make a record of unsuccessful conciliation and then issue a decision to bring the case to trial.
After unsuccessful conciliation, the Court will issue a decision to bring the case to trial. The parties are sent a summons by the Court to clearly notify the time and place of opening the first-instance Court session.
- Step 4: The court issues a divorce judgment
If it deems that there are sufficient conditions for unilateral divorce, the Court will issue a judgment to terminate the marriage relationship of the couple and settle divorce-related issues, if the involved parties so request. bridge.
→ Read more: Things to know about divorce
- Is it possible to get a unilateral divorce in the defendant's absence?
- Divorce cannot authorize another person to participate in the proceedings. However, the Court will still resolve the divorce if the spouse is absent in the following three cases:
- The absent person submits a petition to the Court for trial in his/her absence;
- Having a representative attend the trial;
- Absence due to force majeure events or objective obstacles.
- If the divorcee is absent for the first time, the Court will issue a decision to postpone the court hearing, but for the second time, the Court will conduct a trial in his/her absence. The absence of the divorce petitioner through two summons will be considered as a waiver of the divorce request, after which the Court will suspend the settlement of this request.
- Can i process a unilaterally divorce when my husband is abroad?
- In case the husband is abroad, it will be more difficult to carry out unilateral divorce procedures when the husband resides in Vietnam. However, in this case, the law has specific provisions.
- Accordingly, when conducting a divorce while the husband is abroad, the wife living in the country can submit an application to the provincial People's Court in accordance with the law.
- If not having husband's address, the wife can follow Official Letter No. 253 of the Supreme People's Court to be able to know the husband's address and information from this person's identity.
- In case the Court requests twice but the husband's relatives still refuse to provide information and address, the Court will bring the case to trial in absentia according to procedures. After the trial, the Court will send a copy of the judgment/decision to the husband's relative for transferring that identity to the husband.
Explore more:
→ Cases where marriage is prohibited according to current laws.
→ Things to know about before and after marriage.
→ How to determine the common property of spouses during marriage.
→ Procedures for amicable divorce with foreigners.
- In this article, Thinh Tri Law has outlined the conditions you must meet if you want to unilaterally apply for a divorce, the relevant documentation procedures and frequently asked questions when conducting a unilateral divorce. Hope this article will provide you with useful information. If you have problems in the divorce process, property disputes and child custody, please contact us:
THINH TRI LAW LIMITED LIABILITY
Hotline: 1800 6365
