Unilateral Divorce 08/09/2022
In divorce cases, the most concerning issue is how long a unilateral divorce takes and how many times the spouses need to go to court. The presence of the parties in court will directly affect the interests of the parties. Therefore, this is a matter of great concern to the parties. In this regard, the law has specific provisions to guide it. This article below by Apolo Lawyers - Solicitors & Litigators (Hotline: (+84) 903.419.479) will let you know about it.
In order to carry out the divorce process, it is necessary to conduct conciliation at the Court, but the conciliation process at the Court for unilateral divorce is not a mandatory order for the parties involved.
The Civil procedure code does not stipulate how many conciliations spouses in unilateral divorce need to attend, such an unlimited number of the conciliation process gives the court the flexibility to organize conciliation sessions to suit the different nature of each case. Normally, there will be at most 3 conciliations times before the Court brings the case to trial, except for some cases where conciliation cannot be conducted as prescribed in Article 207 of the 2015 Civil Procedure Code, specifically:
The defendant, the person with related interests and obligations has been duly summoned by the Court for the second time but is still deliberately absent;
The litigant can not participate in the conciliation process for a good reason;
The involved parties being spouses in the divorce case are those who have lost their civil act capacity;
One of the parties proposes not to conduct conciliation.
When a party proposes not to proceed with conciliation, the procedure may be omitted. At that time, the Court will make a record of non – conciliation.
However, at the mediation session at the court, if a spouse can reconcile with each other and agree to withdraw the divorce petition, the court will issue a decision to stop the settlement of the case.
If spouses can not reach an agreement on one or all of the issues, the court will make a record of unsuccessful conciliation and decide to bring the case to trial. Within 01 month from the date of issuance of the decision to bring the case to trial, the court must open a court session.
After hearing the case, the court will issue a judgment to settle the case. After 15 days from the date of judgment pronouncement, if the judgment is not appealed or protested against, the judgment will take effect.
The parties should also note that, in addition to having to participate in conciliation sessions, the parties were previously summoned to the court to take testimonies and participate in the first–instance trial of the case once. However, if one party is absent, the event of force majeure, there is a request to change the composition of the trial panel… the trial may be adjourned according to regulations.
The time for unilateral settlement as prescribed by law is no more than 06 months, but in reality, it can be longer, even up to several years if there is a complicated property dispute.
However, this is the time prescribed by law, but in practice, the time will be much longer, usually from a few months and can also be several years if the case is complicated, there are many disputes over property about child custody.
If you want a quick resolution, please contact Apolo Lawyers, we will send a lawyer specializing in marriage to advise and support and protect you throughout the process of settling the case. If it is an amicable divorce, we can resolve it within 1 – 20 days, you only need to go to court once to finish, if it is unilateral, the time is from 1 -3 months.
>>> Read more: 03 Cases That Are Not Allowed To Get Unilateral Divorce
>>> Read more: Consensual Divorce In The Absence Of A Spouse
To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:
Advice on the right to request the Court to settle divorce;
Advising on conciliation procedures at the grassroots level;
Advise on divorce proceedings;
Advising on grounds for divorce;
Advising on regulations on consent 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 settlement procedures at the Court.
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 conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.
Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators via Hotline: (+84) 903. 419. 479 and email: email@example.com to be supported and helped in the most optimal way.