Dragon Law Firm provides advice and answers to some specific questions about unilateral divorce in accordance with the current law such as: Child custody after divorce, instructions for preparing a divorce application ... and other related legal issues:

Question: My husband and I have been married since October 2014. We currently have 2 months child. Because our life is so controversy, my husband doesn't worry about children and family so I want to get a divorce. Therefore unilateral divorce procedure like? Who was raised by whom, please. Thank lawyer!

Answer:

The 2014 Law on Marriage and Family stipulates the right to divorce as follows:

Article 56. Divorce at the request of one spouse

1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

 

Thus, according to the above provisions, if you file for divorce, there must be grounds on whether the spouse commits domestic violence or seriously violates the rights and obligations of the spouse. A person falls into a serious situation, the life cannot be extended, the purpose of marriage is not achieved; the spouse of a person declared missing by a court to request a divorce, ... if without the above grounds, the request for unilateral divorce will not be resolved.

About unilateral divorce procedures

Records include:

- Divorce application (Refer to: Unilateral divorce form)

- Original copy of Marriage Certificate (or copy and the reason there is no original)

- Copy of permanent and temporary residence of the plaintiff and defendant;

- Copy of Identity Card or passport of the plaintiff and defendant;

- Documents proving assets: Certificate of land use right, house ownership ...

 

- Copy of birth certificate of children.

Place of settlement:

 

Clauses a and b, Article 39 of the 2015 Civil Procedure Code, District-level People's Courts according to the residence or workplace of your husband are competent to settle divorce. Or you and your husband may agree in writing to ask the Court of your place of residence or employment to resolve it.

Custody of children

The Law Family 2014 stipulates custody of children when husband and wife divorce but cannot reach agreement for children under 36 months of age:

Article 81. Looking after, care for, raising and education of children after divorce

3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.

According to the above provision, in principle, a child under 36 months of age will be assigned to the direct parent, so in your case, your child will be less than 36 months of age, after the divorce, you will gain the direct right. raising children.

 

 For more detail, kindly contact to Dragon Law at:

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