In the divorce proceedings, there are cases of unilateral divorce that are currently of great interest to many people, Toan Long Law would like to present the contents of the unilateral divorce procedure: Thủ tục ly hôn đơn phương nhanh nhất
In the divorce procedure, there is a case of unilateral divorce (divorce at the request of one party) that is currently of great interest to many people, so today, Toan Long Law would like to present the contents of unilateral procedures. Apply for a divorce:
I. Right to unilaterally apply for divorce
According to the provisions of Article 51 and Article 56 of the Law on Marriage and Family 2014, “The wife, husband or both have the right to request the Court to settle the divorce”. Specifically, spouses have the right to unilaterally apply for divorce in the following cases:
1. When a spouse requests a divorce but the conciliation is unsuccessful at the Court, the Court shall grant the divorce if there are grounds for the fact that the husband or wife has committed acts of domestic violence or seriously violated their rights and obligations. The service of husband and wife has caused the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage cannot be achieved.
2. In case the spouse of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.
3. In case there is a request for divorce as prescribed in Clause 2, Article 51 of this Law, the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence which seriously affect them. to the other person’s life, health, or spirit.”
II. About the unilateral divorce procedure
– You need to submit a divorce application with the necessary documents to the People’s Court of the district where your sister’s husband and wife currently register their permanent or temporary residence. Documents include:
1. Divorce application, certified by the Commune People’s Committee of your household registration and signature. In the application you need to present the following issues:
– About marriage: Where? Time? Is marriage legal? When does the conflict happen? What is the main contradiction? Do husband and wife live separately? If yes, from what time to when?
– About the common child: What’s your name? What year of birth? Now that you are applying for a divorce, what are your requirements for the settlement of common children?
– Regarding common property: What are the common properties? accompanying documents (if any). If you get a divorce, how do you want to settle the joint property?
– Regarding general debt: Do you owe anyone? Does anyone owe the couple? Name, address and debt number of each person? How do you want to solve it?
2. A copy of the child’s birth certificate;
3. A copy of your ID card, household registration book and that of your spouse (if any);
4. Original Marriage Registration Certificate. If you do not have the original marriage registration certificate, you must ask for the certification of the commune-level People’s Committee where the marriage procedures have been carried out .
5. Copies of documents and documents on property ownership (if the parties cannot reach an agreement and request the court to divide the property upon divorce, this request must be clearly stated in the divorce application).
-Conciliation in court
– The court issues a divorce judgment stating the divorce at the request of one party.
– Time limit for trial: From 3 to 6 months from the date of acceptance of the case.
If you need advice on divorce procedures , please contact us, a team of experienced and dedicated lawyers will help answer all questions quickly and bring satisfaction to customers.