Legal advice on unilateral divorce cases

(Baonghean) - According to the information provided by Ms. TT B, Ms. B currently lives in city V, and her husband currently lives in the United States. Ms. B and her husband have been married for 10 years and have a 9-year-old daughter. Ms. B's husband went abroad in 2007, and has been for more than 8 years now. He is currently in the United States. In 2014, Ms. B's husband said that he had lived with another woman and had a child together.

Ask:

1. Can Ms. B unilaterally divorce? If so, what procedures does Ms. B need to follow?

2. Which court has jurisdiction to resolve Ms. B's divorce?

Reply:

According to Clause 1, Article 51 of the 2014 Law on Marriage and Family, a husband and wife or both have the right to request the court to resolve a divorce.

Therefore, Ms. B can unilaterally file for divorce without her husband's signature on the divorce petition. In the petition, she must prove that her husband had an affair and had a child with another woman, so the purpose of marriage could not be achieved.

Article 56 of the Law on Marriage and Family stipulates divorce at the request of one party: When a husband or wife requests a divorce and reconciliation at the Court fails, the Court shall grant the divorce if there is a basis for the husband or wife to commit acts of domestic violence or seriously violate the rights and obligations of the husband or wife, causing the marriage to fall into a serious situation, the common life cannot be prolonged, and the purpose of the marriage cannot be achieved; In the case where the husband or wife of the person declared missing by the Court requests a divorce, the Court shall grant the divorce; In the case of a request for divorce as prescribed in Clause 2, Article 51 of the Law on Marriage and Family, the Court shall grant the divorce if there is a basis for the husband or wife to commit acts of domestic violence that seriously affect the life, health, and spirit of the other person.

Divorce procedures and divorce documents include: Divorce petition; Original marriage certificate; Certified copy of household registration book, ID card of the plaintiff; Certified copy of child's birth certificate; Certified copy of certificate of ownership and use of property (if any); Documents proving that your husband is abroad (if any). These documents issued by competent foreign authorities must be consularized and notarized translated into Vietnamese.

Regarding the content of the presentation, Ms. B needs to provide the court with full information related to her request for divorce. After reviewing her presentation, the documents in the file and other evidence collected by the court, if deemed eligible, the court will resolve the matter.

Also according to the information you provided, your husband is living abroad and is not present in Vietnam, so according to the provisions of Clause 3, Article 33 of the 2004 Civil Procedure Code (amended and supplemented in 2011), the competent authority to resolve your divorce is the Provincial People's Court where your husband resided before going abroad.

Law Office of Trong Hai & Associates