Divorce is the last solution and escape of a marriage. Minh Khue Law Firm provides legal consultancy services in the field of marriage and family.

Please keep in mind that divorce always leaves a serious and detrimental consequence for a woman and children. According to psychologists, when parents divorce, it will cause psychological trauma, affect the learning and intellectual results of children.

Online legal consultancy on marriage and family law by telephone: 1900.6162

When divorce?

In Vietnam, divorce is considered a case (or "civil matter") settled by the Court.

In order for the court to approve a divorce, you must actually register and have a marriage certificate with your spouse. If you do not have this paper, your marriage is considered illegal, you are not admitted to having a spouse. And the court will not accept your divorce petition.

In addition, you must state the reasons (that is also what you have actually experienced) to prove that the divorce is necessary. Under Vietnamese law, the purpose of marriage is family happiness. Therefore, you must prove that there is no happiness in marriage. The reasons that you can raise and reviewed by the court are:

- Your spouse committed adultery, or cohabited with another person.

- You have been insulted (verbally abusive, abusive, insulting) for many times and for a long time. And now you can not accept or tolerate anymore.

- Between two people there are conflicts on many issues, not finding common words and solutions: from raising children to the conception of life, career, joy ...

- The husband/wife is an irresponsible, unprivileged person: not contributing to family economics, drinking alcohol, verbally abusing children ...

- The spouse voluntarily abandoned his/her family, left (for whatever reason) for a long time, even years, and may have been without information for a long time.

- There is no love between husband and wife, no love, no respect, separation ... (In Vietnamese law there is no provision regulates the separation, while in the case of some countries, if two people live separately from each other for 3 years or more, you will definitely be able to resolve the divorce.)

Where to file for divorce?

As mentioned, the divorce must be resolved by the court.

If you are divorced unilaterally, you will be the person who filed for divorce to the Court as the plaintiff.

If you both agree to divorce, both will sign the divorce petition.

The divorce petition should state the reason for the divorce, ask the court - or clarify why not - ask for joint care, child support and division of common property. The petition must be accompanied by the original marriage certificate, the birth certificate of the children, papers on the common property ...

Divorce applications are filed with the District People's Courts - where either or both of you have permanent residence.

If your divorce case is simple, not a dispute over property, custody, justification, or both, then the court settlement time will be quite fast, maybe in a month. But in fact there are many divorce cases that the resolution must last a whole year, even years.

Legal issues to deal with in a divorce case

In a divorce case, there are three issues to deal with:

1. Spouse relationship: Accept of refuse to divorce.

2. Property relations: To determine the common property, separate and settle the common property of the couple.

3. Child relationship: the decision on custody, the obligation to provide support for minor children.

If the first content (conjugal relationship) necessarily go through the court, then the two contents can be agreed between themselves and the couple without having to ask the court to settle it.

However, most of the following two things always have a dispute, sometimes very tough, complicated. Often the parties want to have the greatest share of the property, or the wives often want to have custody of their children.

The court will consider and rule on the basis of the evidence of each party (by reason and by legal evidence).

Get a lawyer when you divorce

Since divorce is a case, it is a definitive break-up between two individuals - while both continue to live in a new situation, starting a new life from loneliness - with much difficulty. Therefore, there is no reason why you should not fight and ask the court to resolve your interests in the best way. It will be funny and pitiful when you show or prove that you are a noble - by not asking for a dispute or asking the court to deal with property or material problems in a clear, accurate way. Because you have to pay for your innocence right after the divorce.

So, in any divorce case, big or small, complicated or simple, find a lawyer for advice and support.

The lawyers will assist you with issues such as:

- Name and prove your reason for divorce.

- Claim for property rights for you as high as possible.

- Debating on custody and child support issues. Include issues regarding the right to care, visitation, control and parenting, circumstances changing custody.

- Other related issues (eg divorce before property, private property, debts, property "sinking" one party, taxes ...).

- Divorce records, including from petition to the search for evidence, proof of ownership of property, instructions to write the documents, presented in court ...

- The lawyer can also assist you in agreeing to divide your property before divorce - through a joint divorce decree, or custody agreement - for the resolution of the case. faster, faster.

Lawyer of Minh Khue Law Firm supports in the case of divorce

Please do not hesitate to contact us if you intend to divorce, to be advised by lawyers and assisted.

Lawyer' fees are as follows:

- Legal consultancy about your divorce directly at the office: 300,000 VND / 60 minutes.

- Drafting divorce petition: from 100,000 to 500,000 VND.

- Appoint the Defense lawyer in the court and assist in the process of divorce settlement: from 3-6 million VND.

- If the disputed property has great value, complicated circumstances: the lawyer's fees can be negotiated according to the achieved results.

Translated from: Dịch vụ tư vấn giải quyết vụ án ly hôn

Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi

Phone to request for legal consultancy service, call:0986.386.648 (Lawyer, Mrs. Dzung)

Online legal consultancy office and appointment for a consultation at the office: 1900.6162

Email: lienhe@luatminhkhue.vn