Unilateral Divorce 12/08/2022
You are wondering about the steps to carry out the unilateral divorce procedure but do not know how to do it correctly. What is the processing time and what documents need to be prepared? In this article, Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will help you research unilateral divorce procedures.
A divorce is an important event in life, so a unilateral divorce is more difficult and complicated than a consensual divorce. It is more difficult because people who do not agree to a divorce if do not cooperate with the Court, the settlement time will be prolonged, the procedures are more complicated, and especially, the petitioner for a unilateral divorce must have a reasonable reason and meet all conditions, the Court will grant a unilateral divorce.
After thinking carefully and deciding to divorce unilaterally, you will make basic documents and information to be prepared to submit to the Court, including:
Marriage registration certificate;
ID/CCCD and family register of both husband and wife;
The copy - Birth certificate of the child (if any);
Certificates of land use rights (if any)
Loan certificate (if any).
In addition, in some other cases, such as:
If you do not keep the Marriage registration certificate, you can directly contact the civil status agency where the marriage has been registered to apply for a copy.
In case you do not have identity card of your spouse, follow the instructions of the Court to be able to submit another identity document instead.
Step 1: Complete the documents and submit the application for unilateral divorce to the Court
After having the above documents, you must make an application according to the correct form provisions for filing an application with the competent court. A petition for divorce must contain the following contents:
Date of filing;
The name of the court receiving the application;
Full name of the petitioner and the defendant;
Where is the date of marriage registration;
Cause of conflict;
Full name, date of birth of the child;
Who raises children when divorced, how to provide support;
What is common property, how to divide it;
Is there a common debt, who is the creditor, how is the responsibility to pay the debt?
Step 2: The court considers the application and pays the legal fee when the application is valid.
After having the application and the above documents, the applicant should contact the court where the defendant is residing to file an application. The court will consider, receive and resolve the application in the next 10-15 working days.
In case the application is not valid, an amendment will be requested according to the instructions of the court.
If the application is valid, a notice of payment of court fees will be received at Sub-Department of Civil Judgement Enforcement..
After the court fee is paid, the court begins to calculate the date of acceptance. The court will transfer the application and file to the Tribunal President to assign the judge to handle. About a month later, the assigned judge will send a letter inviting the couple to the court to testify.
Step 3: The court conducts conciliation and first-instance trial
After that, the court will invite to conciliation at least 02 times, if there is a property dispute, the court must carry out relevant proceedings such as measuring, drawing, valuation…, if there is a joint debt, the court must invite the creditor to participate as a person with related interests and obligations.
When mediation is unsuccessful and all other relevant proceedings are completed, the court will bring the case to first instance trial. The court can decide for divorce and division of custody, or division of joint property and joint debt.
Note: The court can also reject the divorce request if the conflict is not serious enough. When the court rejects the divorce petition, it must be 1 year after the petitioner has the right to file a petition for divorce again.
Step 4: The Court of Appeal continues to handle the case
After the first-instance court hears, the parties have the right to file an appeal within 15 days, the appellate court will re-trial within 2-4 months. The appellate court has the right to cancel the first-instance judgment, request a re-trial from the beginning or amend the content of the first-instance judgment.
Thus, to complete a unilateral divorce case normally takes from 6 months to 2 years and sometimes even longer if there is a large and complicated property dispute.
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Note: If the child is from 7 years old, he must go to the court to be asked about his opinion about who he wants to live with. When the child is studying abroad, he must wait for him to return to the court or he must go to the Vietnamese Embassy abroad to make a document confirming who he wants to live with and send it to the court.
Apolo Lawyers provides services related to unilateral divorce procedures such as:
• Advising clients on divorce procedures and consequences. legal consequences after the divorce;
• Advising the client when the client obtains custody of the child and requires the other party to fulfill the support obligation;
• Advising clients on procedures for property division during the marriage, including the common property of husband and wife, separate property, joint debt, and separate debt.
• Prepare divorce petition;
• Prepare documents and evidence to be submitted to the Court;
• On behalf of clients to file documents at a competent Court;
• Keep track of records, and supplement documents when requested by the Court;
• Join the client in working sessions at the Court or work with the other party to agree on issues in the divorce case;
• Appoint a lawyer to participate in the trial to protect interests of the client.
• Assist clients in requesting the enforcement of legally effective divorce judgments.
Therefore, do not hesitate to contact us via Apolo Lawyers - Solicitors & Litigators or Hotline: (+84) 903.419.479 so that the Lawyer can advise you the best.