So, The time to resolve unilateral divorce is always a concern when conducting a divorce unilaterally? How long is the process of unilateral divorce with Vietnamese? Let’s find out in this article with LSX Law firm.
Legal Ground
- The Civil Procedure Code 2015.
- Law on Marriage and Family 2014.
General provisions for unilateral divorce with Vietnamese
Divorce unilaterally will resolve issues of:
- Dispute over child rearing, property division upon divorce, property division after divorce.
- Disputes over division of common property of husband and wife during marriage.
- Disputes over change of person directly raising children after divorce.
- Other disputes over marriage and family.
Disputes Resolution jurisdiction
The Court’s jurisdiction to settle civil cases is determined as follows:
- The court where the defendant resides or works, if the defendant is an individual.
- The court where the defendant is located or headquartered , if the defendant is an agency or organization.
How long is the process of unilateral divorce with Vietnamese?
Time for a unilateral divorce settlement is the time for a competent court agency to settle the unilateral divorce case.
The Civil Procedure Code 2015 does not provide specific provisions. The law only stipulates the time limits in each step of settlement. Accordingly, in order to calculate the time for unilateral divorce settlement; we need to consider each step to generalize the time for unilateral divorce settlement at Court.
Step 1: The litigant files a unilateral divorce with Vietnamese petition to the Court where the defendant resides and works.
Courts receive lawsuit petitions filed directly at the Court; or sent by postal service
- When receiving a lawsuit petition filed in person, the Court shall issue a written confirmation of receipt of the petition to the petitioner. In the case of receiving an application by postal service, within 02 working days from the date of receipt of the application, the court must send a notice of receipt of the application to the petitioner.
- In case a lawsuit petition is received by online submission, the Court must immediately notify the petitioner of receipt of the petition through the Court’s web portal (if any).
- Within 03 working days from the date of receiving the lawsuit petition, the Chief Justice of the Court shall assign a judge to consider the petition.
Within 05 working days from the date of assignment, the judge must consider the unilateral divorce with Vietnamese petition and make one of the following decisions:
- Request for amendment and supplementation of the lawsuit petition;
- Carry out procedures for accepting the case according to normal procedures or according to summary procedures if the case is eligible for settlement according to summary procedures specified in Clause 1, Article 317 of this Code;
- Transfer the petition to the competent Court; notify the petitioner if the case falls under the jurisdiction of another Court;
- Return the petition to the petitioner if the case is not within the jurisdiction of the Court.
Thus, the time to process the application in step 1 is at least 08 working days.
Step 2: Requesting involved parties to pay legal fees and fees for unilateral divorce with Vietnamese
According to Article 191, after 05 working days from the date of being assigned a judge to consider the lawsuit petition, if the lawsuit petition is valid, the litigants will be request payment of court costs and fees and the judge will issue the summary decision to proceed with the procedure for accepting the case according to the normal procedure or according to the procedure if the case is eligible for settlement according to the summary procedure.
The payment of court fees and fees is prescribed in Article 195 of the 2015 Civil Procedure Code as follows:
Article 195. Acceptance of the case
1. After receiving the lawsuit petition and accompanying documents and evidence, if deeming it to be If the case falls under the court’s jurisdiction, the judge must immediately notify the petitioner so that they can go to the court to carry out the procedures for paying the court cost advance in case they have to pay the court cost advance.
Step 3: The involved parties pay the first-instance civil court cost advance at the district judgment enforcement Sub-department and return the court fee advance receipt to the Court;
Article 195. Acceptance of the case
….
2. The judge shall estimate the amount of the court cost advance, write it in a notice and hand it over to the plaintiff for them to pay the court fee advance. Within 07 days from the date of receipt of the Court’s notice of the payment of the court cost advance, the plaintiff must pay the advance court cost and submit to the Court a receipt for the collection of the court fee advance.
3. The judge accepts the case when the plaintiff submits to the Court a receipt for the collection of the advance court fee.
4. In case the plaintiff is exempted or not required to pay the court fee advance; the judge must accept the case when receiving the lawsuit petition and enclosed documents and evidence.
Thus, within 07 days from the date of receipt of the Court’s notice of the payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance. fee. The pre-trial period is now 15 working days.
Step 4: Preparation for trial of unilateral divorce with Vietnamese
The time limit for preparation for trial of a case is in Article 203 of the Civil Procedure Code:
Article 203. Time limit for trial preparation
1. The time limit for preparation for trial of various types of cases Courts, except for cases heard according to summary procedures or cases involving foreign elements are as follows:
a) So, For the cases specified in Articles 26 and 28 of this Code, the time limit is 04 months from the date of acceptance of the case;
…
For cases of complicated nature or due to force majeure events or objective obstacles, the Chief Justice of the Court may decide to extend the time limit for trial preparation, but not exceeding 02 months for school-based cases.
In case there is a decision to temporarily suspend the settlement of the case, the time limit for trial preparation shall be recalculated from the date on which the court’s decision to continue the settlement of the case takes legal effect.
Step 5: The court opens a public meeting to adjudicate the divorce
Within 1 month from the date of the decision to bring the case to trial, the Court must open a court session; If there is a legitimate reason, this time limit is 02 months.
Thus, it takes a lot of time to bring a unilateral divorce case to trial. That’s not including trial time.
If the divorce case is not in the case of trial according to summary procedures, or there are foreign elements, the trial preparation time is 04 months; from the date of receipt of the case. For cases of complicated nature or due to force majeure events or objective obstacles; then the Chief Justice of the Court may decide to extend the time limit for trial preparation. The extension period shall not exceed 2 months.
During the trial preparation time, the Court will conduct reunification, the conciliation 02 (two) times. And if, during the mediation session, the two parties agree to reunite. Then, the Court shall issue a decision to recognize the agreement of the involved parties. Or if mediation is not possible, the court will issue a decision that the mediation has failed. The case will be brought to trial.
Thus, the total time of the process of unilateral divorce with Vietnamese cases usually falls within a period of 4-6 months. In fact, the settlement time may be shorter or longer than the statutory time. This depends on many factors.
Finally, hope this article is useful for you to know more about: How long is the process of unilateral divorce with Vietnamese? If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
Conclusion: So the above is How long is the process of unilateral divorce with Vietnamese?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
