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03 Cases That Are Not Allowed To Get Unilateral Divorce

Unilateral Divorce 22/08/2022

When the married life can no longer be maintained, a spouse wants to divorce but are not allowed. In this case, people often wonder why they are not allowed to get a unilateral divorce. In this article, Apolo Lawyers - Solicitors & Litigators (Tel: (+84) 903. 419. 479) will point out the cases in which a unilateral divorce is not allowed according to the provisions of the law and how to deal with this situation.

1/ Cases that are not allowed to get a unilateral divorce 

The court does not grant unilateral divorce at the request of the husband or in other words, the husband does not have the right to divorce in the following cases: 

  • The wife is pregnant

  • The wife is in the time of giving birth

  • The wife is raising a child under 12 months old

The law restricts the rights of the husband to divorce in case the wife is pregnant, giving birth or raising a child under 12 months old to ensure the interests of the family. However, in reality, it must be clearly determined whether the wife is raising a child under 12 months.

For example, if the wife is a surrogate for another person, in principle the woman is still considered pregnant and the husband has no right to divorce. On the contrary, the wife is asking someone else to carry on the surrogate, so in fact they are not determined to be pregnant/giving birth/raising a child under 12 months old, so in this case the husband is not restricted in his right to divorce. Or in the case of a woman who legally adopts a child whose child is under 12 months old, in principle the husband is also limited in his right to request a unilateral divorce

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In addition, the law also stipulates that one party requests a divorce but there is no evidence or evidence to serve as a basis for divorce, for example: evidence of sequelae of domestic violence, adultery or the evidence that the other party is addicted to drugs, etc… that is not satisfy the conditions for a unilateral divorce and the Court does not accept the request for divorce settlement. 

2/ What should you do in case of not able to get a unilateral divorce? 

Depending on the specific circumstances of the case, there are significant differences in the resolution of cases that are not part of unilateral divorce cases. Specifically as follows:

a/ If it is in the case of not allowing divorce unilaterally, but the divorce dossier has been submitted to the Court, then:

+ Case 1: The Court will not accept, process the dossier and return the petition.

+ Case 2: The court still accepts the petition because it does not know information about the fact that you are not allowed to get a unilateral divorce. However, in the process of verifying and discovering information, the Court will suspend the settlement of the case.

+ Case 3: If a unilateral divorce is not allowed due to lack of grounds for divorce, even if the case has been brought to a public trial, the Court will not accept the divorce request.

If you are in this case, the petitioner can only wait 1 year after the decision of the court takes legal effect to re-file the unilateral divorce file.

Thus, if you are in the cases that can not be unilaterally divorced, you should remind about the withdrawal of the application or you can collect evidence to prove that you are eligible for a unilateral divorce to provide to the Court. 

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b/ If you are not allowed to get a unilateral divorce and have not submitted your documents to the Court, you should consider choosing one of the following two options:

+ Case 1: In case, the wife is pregnant or giving birth. If you have children or raise children under 12 months of age, you should wait until the end of the legal period limiting the right to sue to file for a unilateral divorce.

+ Case 2: In case, you are limited to the remaining unilateral divorce rights, you can make a divorce file and send it to the Court when you have collected enough information to prove the divorce is grounded.

>>>Read more: Consulting Lawyers Of Divorce Involving Foreign Elements

>>>Read more: Disputes Over The Common Property In Divorce

3/ Apolo Lawyers - Solicitors & Litigators provides consulting services on unilateral divorce

To better understand the cases of not being unilaterally divorced as well as divorce issues, you should find a lawyer to resolve the divorce reputation to authorize a lawyer. Our company provides consulting services on unilateral divorce such as:

  • Consulting on the right to request the Court to settle divorce;

  • Advising on mediation procedures;

  • Advice on divorce proceedings;

  • Advising on conciliation procedures at the Court;

  • Advising on grounds for Divorce;

  • Advising on regulations on consent to divorce and divorce at the request of one party;

  • Advice on principles of the property division upon divorce and procedures for property division;

  • Advice on divorce proceedings in court.

  • Appointing Lawyers to work with the Court and in working sessions to protect the rights and interests of clients. 

  • Represent the clients to work and resolve all the problems relating to the divorce of clients. 

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can carry out the divorce proceedings by himself or ask for a divorce procedure consultation. When coming to the divorce procedure consulting service at Apolo Lawyers - Solicitors & Litigators, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

The clients can contact Apolo Lawyers - Solicitors & Litigators via Hotline: (+84) 903. 419. 479 to present your problem for the lawyer and be given the best advice. 

APOLO LAWYERS 
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