Divorce counseling due to her husband's addiction to gambling, debt, prostitutes

It can be asserted that gambling addiction, debt piling up is one of the important causes of breakdown in marriage. So how is the divorce procedure due to gambling addiction and debt done? Which agency has jurisdiction to resolve? The same DFC Counsel advises with the case below.

Divorce counseling due to her husband's addiction to gambling, debt, prostitutes

1. Divorce due to her husband's gambling addiction

Lawyer,I'd like to ask about divorce. My husband and I are married and have some common property. However, in recent years, my husband has been involved in gambling, which costs me a lot of money. The land that we accumulated to buy must also be sold to repay the debt. I can't take it anymore, so I want a divorce. My lawyer asked if I would file a petition in court on the reason that my husband gambled on divorce, would the court agree? Thank you, Attorney.

Counsel lawyers:

Hi, we have understood your question and would like to answer the following.

In accordance with the Law on Marriage and Family 2014, the purpose of marriage is to build a warm, progressive and happy family. Therefore, when the purpose of marriage is not achieved, you have complete right to ask the court for a divorce.

Your husband's gambling behavior not only violates the law but also leads to family conflicts, affecting the economy and spiritual life of other members. Accordingly, you only need to prove your husband's gambling behavior and submit it to the court as divorce evidence. When divorced, the court will base on the factors to be able to divide the common property of two people:

• The contribution of the parties in the creation. maintaining and developing common assets;
• The family circumstances of the couple;
• The fault of the parties in violating the obligations and interests of husband and wife;
• Create conditions for the parties to continue production and business activities to generate income.

In your case, the fault is largely due to your husband, so the court will consider the parts of the property to divide accordingly.

2. Divorce because her husband is addicted to drugs and violence

Good morning, Lawyer. My husband is addicted to drugs, has now taken all the property in the house to sell for money to inject drugs. We have a 5-year-old girl. Now I want a divorce but my husband disagrees, saying if divorced, all the property belongs to him and the child is also he raised. I agreed to leave the entire property but I wanted to win custody of the child for fear he would not be able to care for my child. My lawyer asked me how to handle this case?

Counsel lawyers:

Based on your husband's addiction, affecting the family economy, you have enough grounds to file for divorce in court. Regarding the custody of children, the court will base on the conditions stipulated in Article 81 of the Law on Marriage and Family 2014 to decide the person directly raising the child.

Article 81. The care, care, nurture and education of children after divorce

1. After divorce, parents still have the right and obligation to look after, care for, nurture and educate their minor children, adult children who have lost their civil act capacity or have no working capacity and no assets to support themselves in accordance with this Law, the Civil Code and other relevant laws.

2. Husband and wife agree on the person directly raising children, obligations and rights of each party after divorce for their children; where no agreement can be reached, the court decides to hand over the child to a party directly raised based on the interests of all aspects of the child; if you are at least 7 years old, you must consider your wishes.

3. Children under 36 months of age may be assigned to their mothers directly for adoption, except for cases where the mother is not eligible to directly look after, care for, nurture, educate the child or other agreed parent in accordance with the interests of the child."

Thus, in your case, your husband is infected with social evils, as long as you prove it, you will have custody of the child.

3. Divorce proceedings due to husband's gambling addiction, debt pile up

My lawyer, my sister is married, has a daughter who is almost 3 years old and wants a divorce from her current husband because of her husband's gambling, debt, daughter. My sister now lives at her husband's house. My job is unstable, selling at the night market, precarious income. Now how does my brother want to file for divorce? I hope you have a lawyer to help me. Thank!

Counsel lawyers:

Hi, your question has been forwarded to DFC's legal team and has been consulted in detail:

+ For this case of your brother, DFC's legal team would like to offer 2 divorce measures for your brother as follows:

• First: Favorable divorce

In this case, both your siblings must agree with each other in favour of divorce, agree on issues of child custody, property division. If the two agree on these issues, the couple will file a petition for recognition of the divorce agreement to the District People's Court where the couple resides.

• Second: Your brother's unilateral divorce

If your brother and wife cannot agree on a favorable divorce, your brother can file for divorce unilaterally to the District People's Court where her husband resides. The court will process and resolve the divorce.

For child custody, as stipulated in Clause 2, Article 92 of the Law on Family Marriage, children under three years of age give priority to adoptive mothers if no other agreements are reached between the two parties. So in your brother's case, if the couple does not have an agreement, the nearly 3-year-old will be assigned to the adopted sister. And your sister will have to prove her husband gambling, debt, adultery seriously affect the current family relationship.

• Records, procedures, time of divorce unilaterally when her husband is addicted to gambling, debt includes the following documents:

- Divorce petition (in the form below this article);

- Original marriage certificate;

- Certified copy of the couple's ID/CCCD;

- Certified copies of household household books;

- Certified copies of the child's birth certificate;

- The shoe sheet proving ownership of the disputed property,...

The time limit for 04 months of unilateral divorce settlement, if the case is of a complex nature and has objective obstacles, it may be extended but not more than 02 months. Within 01 month from the date of decision on bringing the case to trial, the court must open the court session; in case of good reason, this time limit is 2 months.

But in fact, the time to settle a divorce case unilaterally may be shorter or longer than the provisions of law, depending on the nature of each case.

4. Divorce applications when your husband is addicted to gambling, debt