Ask about divorce counseling when abused by your husband

Just because of the small frictions in family life that husbands have come down to domestic violence, tormented his wife once knees hatched. The family, which is known two hours dearly as "Home", but for many poor women it is "Earthly Hell". The pain from the judgments and wounds of the soul is forever an obsession throughout the life of man.

Ask about divorce counseling when abused by your husband

Good morning, lawyer. I have a problem wanting lawyers to help as follows. I'm 28 years old working as a teacher, my husband is 30 years old as a worker. We have been married for 4 years now and have 2 children, the 3-year-old grandchildren, the 4-month-old grandchildren. When we first got married we lived together very happy, but about 1 year ago, my husband's work was unfavorable, often with friends drinking then came home scolding, cursing even beat me very badly. I was beaten to bruise my body and face, which made me very painful as well as affecting my teaching. I want a divorce from my husband, but is it okay for you to be young?

Answered.

Hi, thank you for sending your questions to DFC. In her case, DFC lawyers give advice as follows:

According to Clause 1, Article 51 of the Law on Family Marriage 2014, there are provisions:

Article 51. Right to request divorce settlement

Spouses or both have the right to request the Court to settle the divorce.

Thus, in this case, she and her husband can send a divorce settlement request (Consent for Divorce) or if her husband does not agree to divorce, she can ask the Court to settle the divorce (unilateral divorce).

1. Consent for divorce due to domestic violence

In case both spouses want a divorce, they can ask the Court to settle the divorce

Article 55. Favorable divorce

In cases where husband and wife request a divorce, if it is considered that the two parties actually voluntarily divorced and have agreed on the division of property, the care, nurture, care and education of children on the basis of ensuring the right interests of their wives and children, the courts recognize the divorce consent; if no agreement is reached or an agreement is reached but the right interests of the wife and children are not guaranteed, the court may settle the divorce.

2. Unilateral divorce due to domestic violence

If your husband doesn't agree to a divorce, you can ask for a unilateral divorce.

Article 56. Divorce at the request of a party

1. When a spouse requests a divorce but the concion at the court is unsuccessful, the court settles for divorce if there are grounds for the husband and wife committing acts of domestic violence or serious violations of the rights and obligations of the spouses, which cause the marriage to fall into serious condition, the common life cannot beprolonged, the purpose of the marriage is not achieved.

2. Where the spousesof the person declared missing by the courts request fordivorce, the courts settle the divorces.

3. Where thereis a request for divorce as prescribed in Clause2, Article 51 of this Law, the court settles for divorce if there are grounds for husband and wife to commit acts of domestic violence that seriously affect the life, health and spirit of the other person.

Thus, based on Clause 1, Article 56, in case her husband regularly beats, commits acts of domestic violence against her, when there are grounds, the Court can settle her divorce request. Grounds for proving abuse such as images, videos, work minutes...

It's about your second child being four months old. As stipulated in Clause 3, Article 51

Article 51. Right to request divorce settlement

Husbands do not have the right to request a divorce in case the wife is pregnant, giving birth or is raising a child under 12 months of age.

Thus, the law only prohibits husbands from requesting divorce in case the child is less than 12 months but does not prohibit his wife from requesting a divorce. Therefore, when her child is now only 4 months old, she can completely request a divorce.

3. Dossiers and papers to be prepared for divorce due to domestic violence include:

1. Unilateral divorce petition

2. Original marriage registration certificate (in case of lack of originals, copies may be provided with reasons)

3. Copy of ID card

4. Copy of household book

5. Copies of their birth certificates

6. Papers on property.

Jurisdiction: After preparing the above documents, she brought them to the District Court where her husband resides or works. After approximately 5 working days, the Court will review and make a Notice of Processing.

Ls. Le Minh Cong