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The Quickest Way To Prepare A Divorce Petition

Divorce Lawyers 25/08/2022

If you want a quick divorce, you must prepare a divorce application correctly, follow the form in accordance with the law so as not to be rejected by the Court or return the divorce application to amend and supple, so it will take a lot of time. Apolo Lawyers - Solicitors & Litigators will help you solve this problem.

The best way to resolve the problem that husband and wife are no longer lasting the marriage time is to apply the quick divorce procedures. Because, marriage is a relationship between husband and wife after marriage based on the principle of voluntaries, progress, monogamy and equality between husband and wife. When husband and wife no longer sympathize, cannot share and understand each other, it seems that married life becomes suffocating, there is no way out, or the husband and wife commit acts of domestic violence or seriously violate their rights, the obligations of husband and wife make the marriage fall into serious condition, the common life cannot be prolonged, the purpose of marriage is not achieved. 

1/ Preparing divorce dossier quickly. 

Apolo Lawyers - Solicitors & Litigators will prepare and standardize all divorce documents within 1 working day, depending on each case, the dossier can include the following documents, file:  

  • Application for divorce

  • The copy of identity card of the parties; 

  • The copy of household registration book of the parties; 

  • The copy of temporary residence book, confirmation of temporary residence of the parties (if any) 

  • The original of marriage certificate 

  • The copy of the birth certificate of children (if any) 

  • Documents on common and separate property 

  • Documents on joint debt of husband and wife, separate debt. 

Depending on each case, it may be necessary to prepare one or more petitions or written commitments, reports,... 

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2. Steps to carry out divorce procedures at Vietnamese Court 

After you have prepared the documents, in order to proceed with the divorce procedure as quickly as possible, you need to prepare and follow the following steps: 

  • Filing for the divorce petition: In case of consent to divorce, both 02 spouses go to file for divorce and attach documents at the Court of the district where the spouse is working or residing. In the event of a unilateral divorce, the wife or husband must file a divorce petition and accompanying documents at the Court of the district where the other is working or residing. Note that this procedure does not apply to divorce cases involving foreign elements. 

  • Notice of advance Court fees and charge: After the Court receive the divorce application and valid attached documents, the Court will issue a notice of payment of court fee advance for the divorce case. 

  • Payment of Court fees: After paying the first instance civil fee advance at the Judgment Execution Sub-department, go to the Court to pay the advance fee receipt. 

  • Acceptance Court: After paying the money, the Chief Justice will assign a judge to accept and settle. 

  • The Court summons the parties to write a statement. 

  • The Court summons the parties to examine the evidence and conciliate. 

  • Court opens first instance trial: the first instance judgment will take effect after 15 days if there is no appeal or protest. 

  • The appellate court will open an appellate trial if one of the parties has an appeal or the Procuracy has protested. The appellate judgment will take effect immediately after the sentencing 

3. Time to settle a divorce at the Court. 

  • For a consensual divorce: the normal settlement time is from 45 days to 60 days from the date of filing for divorce, valid documents. 

  • For a unilateral divorce case: the normal settlement time is from 3 months to 6 months from the date of filing the divorce application, the dossier is valid. 

4. What support will Apolo Lawyers provide to expedite divorce proceedings?  

  • Prepare divorce petition

  • Prepare all documents

  • Collect necessary evidence

  • On behalf of the client to file the application

  • On behalf of the client to pay the court fee advance

  • On behalf of the client, contact the Court to work in advance to arrange a working schedule

  • Legal advice and legal support to ensure the best interests of clients at Court​

In order not to waste time to conduct divorce procedures, please contact Apolo Lawyers - Solicitors & Litigators via email at contact@apolo.com.vn or Hotline: (+84) 903 419 479 for the best legal advice. 

APOLO LAWYERS

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