The divorce process and procedures are generally not too complicated, but they do require accuracy and a clear understanding of the contents. To guide you through writing a divorce petition and the divorce procedure at the court, let’s refer to today’s article from BachHoaXanh’s Tips and Tricks section!
1 Content of the Divorce Petition
According to the Law on Marriage and Family, in the content of the petition, the petitioner has the right to record the entire period and process of cohabitation between the spouses, including questions about the reasons for the divorce (adultery/gambling/domestic violence, etc.), the origin of the conflict, whether they have lived apart, and if so, the duration of separation…
Divorce Petition Form Template
Section on Children
If the couple has children together, provide information about the children (names, dates of birth…), wishes, and requests for child custody.
If there are no children, indicate “none.” If the couple cannot agree on child custody, write, “The two parties cannot agree on child custody, and request that the court base its decision on the current legal regulations and divide custody and support according to the law.”
Section on Joint Property
For the couple’s joint property, provide information about the property (list all assets), their actual value, and propose a division. If there is no joint property, indicate “none.” Alternatively, write, “Joint property will be voluntarily agreed upon by the two parties without requesting the court to divide it.”
Section on Joint Debts
If the couple has joint debts, specify the amount of debt (whether it is money or property, who the creditor is, the repayment period…), and propose a division of the debt repayment obligation in the petition. If there are no joint debts, indicate “none.” Or, if there are joint debts but both parties want to handle them themselves, write, “Joint debts will be voluntarily agreed upon by the two parties without requesting the court to divide the repayment obligation.”
2 Divorce Procedure at the Court: Required Documents
To complete the divorce procedure, you need to provide the following documents:
- Divorce petition.
- ID/Citizen ID or Passport; household registration book (certified true copy).
- Complete marriage registration documents (original marriage certificate. If the original is not available, submit a certified true copy).
- If the couple has children, provide a certified true copy of the children’s birth certificates.
- Present documents, materials, or evidence related to the couple’s property (if there is a property dispute).
- If the couple got married in Vietnam and one of them has exited the country without a specific address abroad, a certificate from the local authorities about the exit of one of the spouses is required.
Prepare documents for divorce procedure at the court
3 Steps for Getting a Divorce
Follow these correct steps to initiate the divorce procedure:
Step 1: Submit the divorce petition to the People’s Court of the district/ward where the defendant resides, lives, or works, or according to the parties’ choice.
Step 2: After submitting the divorce petition, the court will determine the divorce fee, which both spouses will then pay.
Step 3: The court will proceed with the case after meeting the conditions.
Submit the divorce petition at the People’s Court of the district/ward where the defendant resides or according to the parties’ choice
According to Article 55 of the Law on Marriage and Family No. 52/2014/QH13 of the National Assembly, if the case is an amicable divorce, the following procedure shall apply:
– Within 15 working days at the court, a mediation session will be held for both parties.
– After the unsuccessful mediation, the court will issue a decision recognizing the amicable divorce. The court’s official divorce decision will be made within seven days.
The court will hold a mediation session for both parties before making the official divorce decision.
In the case of a unilateral divorce:
The court accepts the case and proceeds to resolve it according to the common procedure, issuing a judgment or decision.
According to Article 54 of the Law on Marriage and Family 2014, the time limit for divorce proceedings is as follows:
It takes four to six months from the date of accepting the case, depending on the nature and complexity of the case.
The above information covers the essential contents of the divorce petition and how to file for divorce at the Court. We hope our sharing will help simplify your divorce process. We wish you happiness and good health on your future path.
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