1. Grounds for the Court’s approval of divorce

The court settled for the wife. Husband divorces if the conditions mentioned in Article 56 of the Law on Marriage and Family are as follows:

[1] The two parties failed to conciliate successfully in the Court and There are grounds for domestic violence/violation of husband and wife’s rights and obligations, causing serious marital problems and unsustainable cohabitation, The purpose of marriage is not achieved.

[2] The spouse of the person declared missing by the Court requests a divorce.

2. Common unilateral divorce settlement procedures and time

If according to normal procedures, a unilateral divorce case will be resolved within 06 – 08 months.

Step 1: The spouse files a divorce petition to the district-level People’s Court of the place where the husband or wife – the person being asked for divorce or where the husband and wife agree to file (if the agreement is reached).

Divorce files include:

• Applications for divorce
• Marriage registration certificate (original)
• Birth certificate of common child (copy)
• ID/CCCD of both spouses;
• Papers on disputed property of husband and wife.

Step 2: If submitted directly, the Court will immediately issue a certificate of receipt of the application, if sent by post, the confirmation will be issued within   02 working days.

Step 3:  Consider the petition for unilateral divorce within  03 working days.

Step 4: The judge issues one of the decisions within  05 working days. Request to amend and supplement the divorce petition; accept the case or transfer the application to the competent court or return the application.

Step 5:  After receiving the unilateral divorce petition, the Court notifies the petitioner to pay the court cost advance within  07 days from the date of receipt of the Court’s notice.

Step 6:  The judge announces the acceptance of the case within  03 working days. At the same time, assign a judge to handle the case within 3 working days.

Step 7: Prepare to hear the case within  04 months or 06 months from the time of accepting the case if the unilateral divorce case has complicated nature/force majeure events/objective obstacles. During this time, the Court verifies, collects evidences, conciliates… and makes one of the following decisions:

– Acknowledge the agreement.

– Temporarily suspend or terminate the settlement of the case.

– Bring the case to trial.

Step 8: The time limit for bringing the case to trial after the decision to bring the case to trial is issued is  01 month.

3. To resolve unilateral divorce quickly

First, there must be reasons and proof of divorce for the Court to accept the unilateral divorce petition. Specifically:

– Either of the spouses must commit acts of domestic violence or seriously violate the husband and wife’s rights and obligations such as being faithful, loving each other, etc.

– It is the above-mentioned behavior of husband and wife that makes the marriage fall into a serious situation, husband and wife cannot live together.

Second, have to prepare enough divorce documents. When the divorce file is sufficient, it does not take more time to amend and supplement. According to Clause 1, Article 193 of the Civil Procedure Code, the Court only allows the husband and wife to amend and supplement within a period of no more than 1 month or an extension of no more than 15 days in case of special circumstances.

Third, to be present when summoned by the Court under Clause 1, Article 227 of the Civil Procedure Code:

– If he is absent at the first summons, the court shall adjourn the court session, unless there is a written request for trial in his/her absence.

– Absent at the second summons, the Court will suspend the settlement of the case because it is considered that the plaintiff has abandoned the lawsuit claim.

Therefore, if there is no application for trial in absentia or absenteeism when duly summoned by the Court, the settlement time will be prolonged due to the adjournment of the trial.

Fourth, Make a request to the Court not to organize conciliation. Then, according to Article 207 of the Civil Procedure Code, the unilateral divorce case will not be reconciled. Therefore, the time from accepting the case to the time of trial at the Court will be shorter than usual.

Above is Khoa Tin‘s advice on “Unrequited divorce procedure? Time to resolve unilateral divorce at Court”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.