UNILATERAL DIVORCE PROCEDURE - DETAILED GUIDE

When marital life becomes severely strained, and the purpose of marriage can no longer be fulfilled, yet the spouses cannot reach an agreement on issues such as terminating the marriage, child custody, and asset division, one party has the right to file a unilateral divorce petition with the court.

ADVN Law provides a detailed guide on unilateral divorce procedures, helping clients understand the legal process and requirements.

 
1. Right to Request a Unilateral Divorce

According to the Law on Marriage and Family, either spouse has the right to request a divorce if:

· One party feels they can no longer maintain the marriage;

· The request for divorce can be filed even if the petitioner is at fault in the marriage;

· Note: The husband is not allowed to file for divorce if the wife is pregnant or nursing a child under 12 months of age.

 
2. Required Documents for Unilateral Divorce

To initiate a unilateral divorce, the petitioner must prepare the following documents:

1. Unilateral divorce petition (as per the court’s template);

2. Original marriage certificate;

3. Certified copies of identity documents (Citizen ID card or passport of both spouses);

4. Certified copies of children's birth certificates (if applicable);

5. Certified copies of property ownership documents, such as: 

o Land use right certificate;

o Vehicle registration papers;

o Savings books and other related financial documents (if asset division is involved).

 
3. Where to Submit the Divorce Petition

Depending on the circumstances, the petition must be submitted to:

· The district-level People’s Court where the respondent (the spouse not filing) resides or works. For example, if the wife files for divorce, the petition must be submitted to the district court where the husband is registered for permanent residence;

· The provincial-level People’s Court if the divorce involves foreign elements (one spouse is a foreign national or resides abroad).

 
4. Unilateral Divorce Procedure

Step 1: Filing the Divorce Petition

The petitioner submits the divorce petition at the competent People's Court in the respondent’s place of residence or work.

Step 2: Acceptance of the Petition

Within 5 working days, the court will review the petition and decide whether to accept or request additional documents if necessary.

Step 3: Payment of Advance Court Fees

The petitioner must pay the advance court fee at the Civil Judgment Enforcement Department and submit the receipt to the court.

· The fee amount is regulated under Articles 191 and 195 of the Civil Procedure Code 2015.

Step 4: Court Mediation

· According to Article 54 of the Law on Marriage and Family 2014, mediation is a mandatory step before the trial;

· If reconciliation is successful, the court will issue a decision recognizing the agreement, which takes immediate effect;

· If reconciliation fails, the court will issue a record of the unsuccessful mediation and proceed to trial.

Step 5: First-instance Trial

The court will summon both parties to the hearing. If a party is absent twice without a valid reason, the court may proceed to trial in their absence in accordance with Article 227 of the Civil Procedure Code 2015.

Step 6: Execution of Judgment or Appeal

Within 15 days, if no appeal is filed, the judgment becomes legally effective and enforceable.

 
5. Timeframe for Unilateral Divorce Resolution

· The average timeframe for resolving a unilateral divorce is 4 to 6 months from the date of case acceptance;

· The first-instance trial is usually scheduled within 1 to 2 months after the court's decision to proceed with the case.

 
6. Child Custody Rights After Unilateral Divorce

According to Article 81 of the Law on Marriage and Family 2014, custody rights are determined as follows:

1. By mutual agreement: Spouses are encouraged to agree on who will directly raise the child;

2. By court decision: If no agreement is reached, the court will decide based on the best interests of the child, considering: 

o Living conditions from birth until divorce;

o Moral and social environment affecting the child’s development;

o Financial stability and ability to provide for the child;

o Housing conditions and other essential factors;

o The child’s preference (if they are 7 years old or older).

 
7. Frequently Asked Questions About Unilateral Divorce

7.1. Can the parties be absent during the unilateral divorce proceedings?

· The petitioner cannot authorize another person to appear on their behalf;

· If the respondent is absent twice, the court may proceed with the trial in their absence;

· If the petitioner is absent twice, the court will dismiss the divorce request.

7.2. How is a unilateral divorce handled if one spouse is abroad?

· The case falls under the jurisdiction of the provincial-level People's Court according to Article 37 of the Civil Procedure Code 2015.

· If the respondent's address abroad is unknown, the court may request information from relatives. If they fail to provide it, the court may proceed with the trial in absentia.

 
Unilateral divorce is a complex legal process that requires thorough preparation of documents and strict adherence to legal procedures. It is recommended to consult with a lawyer to receive professional legal support, ensuring the protection of your rights and interests.

If you require consultation or assistance with unilateral divorce procedures, please contact ADVN Law for expert legal support.

Contact Information:

If you need more information or support, please contact ADVN LAW for detailed advice.

A.D.V.N LAW OFFICE

- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City

- Phone: 0903.693.301 – 0909.393.329

- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com