What documents are required for a unilateral divorce according to the law?
“Hello Lawyer, Due to often being abused by my husband in the process of living together, now I have decided to divorce my husband. However, my husband does not want to do that. That’s why I have chosen the image. Form of the divorce application. Dear lawyer, can you tell me, What documents are required for a unilateral divorce according to the law? I sincerely thank the lawyer.”.
Thank you for sending us your question. Unilateral divorce is the form that many people choose when they want to divorce one of their wives; or one husband. Because not everyone wants their marriage to lead to divorce; despite the fact that married life was completely broken; cannot be mended. What documents are required to be able to find out about unilateral divorce? Today, LSX Lawfirm will give you an article about “What documents are required for a unilateral divorce according to the law?“, as follows:
Legal grounds
Law on marriage and family 2014
What is divorce?
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
Pursuant to Article 51 of the Law on Marriage and Family 2014, the right to request divorce settlement prescribed as follows:
1. Husband, wife, or both have the right to request the Court to settle the divorce.
2. Parents and other relatives have the right to request the Court to settle the divorce when one of the spouses suffers from mental illness or other diseases; but is unable to perceive and control their behavior, and are also victims of domestic violence caused by their husbands and wives, which seriously affects their lives, health, and spirit.
3. Husband has no right to request a divorce in case his wife is pregnant, giving birth, or raising a child under 12 months old.
What is a unilateral divorce?
Unilateral divorce is divorce at the request of one party; occurs when only one wife; or her husband has requested a divorce due to an unsatisfactory married life; The purpose of marriage not achieved.
Article 56. Divorce at the request of one party
1. When a spouse requests a divorce but conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds for the fact that the husband or wife has committed acts of domestic violence or seriously violated their rights and obligations. The service of husband and wife has caused the marriage to fall into a serious condition, the common life cannot prolonged, and the purpose of the marriage cannot achieved.
2. In case the spouse of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.
3. In the case of a request for divorce as prescribed in Clause 2, Article 51 of this Law, the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence that seriously affect them. to the other person’s life, health, or spirit.”
Thus, in order to resolve a unilateral divorce, the person requesting a divorce must meet the provisions of one of the three articles in Article 56 of the Law on Marriage and Family.
Where can I ask for a unilateral divorce?
When a spouse requests a divorce but the court conciliation fails; then the court will settle the divorce; if the spouse commits domestic violence or violates the wife’s rights; the husband makes the marital situation so serious that it cannot continue.
A spouse who declared missing by the court requests a divorce; The court will decide the divorce.
If the parents, relatives, or loved ones like to request, the court will settle the divorce; if there are grounds for the husband or wife to commit acts of domestic violence; seriously affecting health; spirit, and even life
What documents are required for a unilateral divorce?
For a unilateral divorce, the following documents required:
Firstly, Applications for divorce.
Secondly, a Valid copy of household registration, and identity card.
Thirdly, the Original Marriage Certificate.
Proof of property documents.
Finally, a copy of the child’s birth certificate (if applicable)
Unilateral divorce process
The following is the unilateral divorce process:
Step 1: You submit the petition for divorce at the competent People’s Court then;
And Step 2: Receive the application processing result;
Step 3; You pay the first-instance civil court fee advance; at a competent civil judgment enforcement agency; and return the receipt of the unilateral court fee advance to the Court then;
And Step 4: The court will summon testimony; conciliation and conduct procedures in accordance with the civil procedure law;
Step 5: In case, the Court does not accept the divorce request; divorce petitioners have the right to appeal; to the immediate superior court to hear the appellate trial according to law then.
Where to file for a unilateral divorce?
Because unilateral divorce is a form of divorce at the request of one party; occurs when only one wife; or her husband has requested a divorce due to an unsatisfactory married life.
Therefore, when divorce, there will often be no agreement on the choice of court to settle between husband and wife; Therefore, the person who has requested a divorce (ie the plaintiff) will have to file a divorce petition at the District People’s Court; where your spouse (ie the respondent) resides and does business.
Note: For divorce involving foreign elements; for example, your spouse is a foreigner; there is a slight difference in the level of court filing for divorce; As for the location of the application, it is completely similar to the divorce procedure between people who are Vietnamese citizens.
- Firstly, If the divorce is between a Vietnamese citizen and a citizen of a neighboring country residing in the border area with Vietnam, an application can file at the People’s Court of the district where the Vietnamese citizen resides.
- Secondly, If the divorce case between Vietnamese citizens; and foreigners with whom both husband and wife reside and do business; long-term residents in Vietnam will be the People’s Court of the province where their residence in Vietnam will have jurisdiction. And the determination of the place to file for divorce done similarly to the divorce between two Vietnamese citizens; The only difference is that it filed at the People’s Court of the province instead of the District level.
- Finally, If a divorce case between Vietnamese citizens; and foreigners both spouses; or either of them does not reside, do business or live permanently in Vietnam; At this time, Vietnamese courts and foreign courts have jurisdiction to settle.
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Related questions
– Firstly, If the wife is pregnant or the child is under 12 months old, the husband is not entitled to unilaterally request a divorce; – Secondly, Can ask the Court where the Respondent works to settle if the respondent’s place of residence cannot be determined; – Thirdly, The court will summon children from 7 years old to under 18 years old to give testimony about their desire to live with their parents. – finally, the Divorce cost is 200,000 VND.
The husband and wife’s common property shall be divided in kind, if it cannot be divided in kind, it shall be divided according to its value; Separate property of a husband or wife belongs to that person.
Husband and wife agree on the person directly raising the child, obligations, and rights of each party after the divorce towards the child; Children under 36 months of age shall be assigned to their mothers to directly raise them unless the mothers are not eligible to directly look after, care for, nurture and educate the children or the parents have other agreements in accordance with the interests of the children. child
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