LY HÔN ĐƠN PHƯƠNG

UNILATERAL DIVORCE

1. Unilateral Divorce Procedure

Legal Basis:

Article 56 of the Law on Marriage and Family 2014.

When marital disputes become severe and the purpose of marriage cannot be fulfilled, either spouse has the right to request the court to grant a unilateral divorce. This procedure applies when the parties cannot reach an agreement on:

Marital relationship,
Child custody and alimony,
Division of common assets and debts.

The court will approve the unilateral divorce request if there is evidence that one spouse has:

Engaged in domestic violence or seriously violated marital obligations, making the marital life unbearable and impossible to maintain.

Grounds for Determining Irretrievable Breakdown of the Marriage:

Despite multiple reminders and mediation attempts, no positive change occurs.
One spouse continues to engage in extramarital affairs or live separately.
Ongoing mistreatment, abuse, or serious insult to the dignity and honor of the other spouse.

Failure to Achieve the Purpose of Marriage:

The emotional bond between spouses no longer exists.
The rights and obligations between spouses are not respected.
No mutual support for each other's physical and emotional development.

2. Jurisdiction

District-level People’s Court: Handles cases where the respondent (the spouse being sued for divorce) resides or works.
Provincial-level People’s Court: Handles cases involving foreign elements (e.g., when one spouse resides abroad).

3. Required Documents for Unilateral Divorce

Petition for divorce (in the prescribed form).
Original Marriage Certificate.
Certified copies of ID/CCCD and household registration of both parties.
Certified copies of birth certificates of the children (if any).
Documents and evidence related to shared assets and liabilities (if applicable).

4. Steps in the Unilateral Divorce Process

Step 1: Submit the petition to the competent court.
Step 2: Receive notification of case acceptance from the court.
Step 3: Pay the court fee advance and submit the payment receipt to the court.
Step 4: The court summons both parties to provide statements and conducts mediation as prescribed by civil procedure law.
Step 5: If the court rejects the divorce request, the petitioner has the right to appeal for a review at the appellate court.

5. Timeline for Resolution

First-instance trial: Approximately 4 to 6 months (may take longer if there are complex disputes).
Appellate trial: Approximately 3 to 4 months (if there is an appeal).

6. Unilateral Divorce Legal Services

ADVN Law offers comprehensive legal services in the field of marriage and family, including:

Legal consultation on unilateral divorce matters.
Preparation and completion of divorce petition documents.
Representation and support throughout court proceedings.

With a team of legal experts well-versed in marriage and family law and extensive litigation experience, we are committed to providing fast and effective support tailored to your specific case.