Demystifying Unilateral Divorce Timelines in Vietnam: A Comprehensive Guide

Questioning the wait? Unilateral divorce in Vietnam can raise anxieties about timelines. This guide from NT International Law Firm unravels the legal framework and sheds light on the expected timeframe, helping you navigate the process with clarity.

Demystifying Unilateral Divorce Timelines in Vietnam: A Comprehensive Guide

Grounds for Unilateral Divorce:

First, understand that not every marital discord qualifies for unilateral divorce. According to Article 56 of the Law on Marriage and Family 2014, you can file if:

• Marriage breakdown: Living together is impossible due to serious issues, rendering the marriage’s purpose unachievable.
• Missing spouse: The Court has declared your spouse missing.
• Mental illness or domestic violence: When your spouse suffers from a mental illness or a condition affecting their behavior and has committed harmful domestic violence, you have grounds for unilateral divorce.

The Unilateral Divorce Process

The Unilateral Divorce Process:

1. Petition Submission: Submit your divorce petition at the competent People’s Court, outlining your situation and grounds.
2. Court Review and Fee Payment: Within 5 working days, the Court will assess your petition. If deemed valid, they’ll issue a notice for court fee payment. Pay this within 7 working days.
3. Case Acceptance: Upon receiving the fee receipt, the Court accepts your case and initiates the resolution process within 3 working days.

Timeframes to Expect

Unilateral Divorce Timelines:

• Incomplete Documents Notice: Be prepared for potential document requests within 3 working days of submitting your petition if anything is missing or incorrect. You have up to 1 month to address these issues, with a possible 15-day extension for complex situations.
• Court Acceptance Confirmation: Expect a written notice confirming your case’s acceptance within 3 working days of fulfilling all requirements.
• Case Resolution: Brace yourself for the trial preparation stage, lasting 4 months. Complex cases or unforeseen circumstances may warrant a 2-month extension. During this period, the Court may hold meetings for evidence disclosure, reconciliation attempts, and handover discussions. If reconciliation succeeds, a decision recognizing the agreement will be issued. Otherwise, the Judge will schedule a trial within 1-2 months from the decision to proceed.

Beyond the Numbers:

While these timelines offer a framework, remember that each case is unique. Factors like case complexity, Court workload, and evidence availability can influence the duration. Additionally, unforeseen circumstances like holidays or judge availability may cause slight deviations.

Empowering Yourself:

Knowledge is power! Understanding the legal framework and expected timelines empowers you to plan effectively and manage expectations. Remember, seeking legal counsel from a qualified professional specializing in family law is crucial for navigating this process with confidence and ensuring a smooth resolution.

Unilateral Divorce Timelines in Conclusion:

Unilateral divorce can take 4-6 months or longer from the case acceptance date. While legal procedures ensure thoroughness, understanding the timelines can alleviate anxiety and help you plan effectively. Remember, legal advice specific to your situation is crucial for navigating this process smoothly.

NT International Law Firm is Here to Help

NT International Law Firm is Here to Help

NT International Law Firm has addressed the question of how long you will have to wait before your divorce request is processed. If you have any further questions or concerns regarding family law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English
• The 2014 Law On Marriage and Family in English