In marriage, the husband's poor qualities, entangled in social evils especially drugs is one of the very common factors leading to divorce today. So when the husband is addicted to drugs, what will the divorce procedure be like and include what steps?
Divorce counseling lawyer due to husband's drug addiction
1. How to divorce a drug-addicted husband?
Counseling question: Hello lawyer, my wife and I have been married since 2015 and have together a 5-year-old girl. I was just an ordinary teacher with little salary and my husband had no job and was dragged into the drug path by his friends. For that reason, even though we have been together for many years, the couple's assets are not much, my married life seems to have no way out. So I'd love to get a divorce but don't know what steps my drug-addicted husband's divorce procedure includes and what documents to prepare? Looking forward to consulting lawyers.
Counsel lawyers:
Hello, with the information that you provide, the legal team of family marriage law firm DFC would like to advise you through the following article:
Legal grounds:
For your case, to proceed with a divorce you can in two directions be favorable divorce and unilateral divorce:
A. Case of favorable divorce
Consying divorce is the case where both spouses agree on the divorce and there is an agreement on the division of property, the care and nurture of children on the basis of ensuring the legitimate rights and interests of the wife and children.
In this case, if the two have agreed on the above issues, the two may file for divorce in favour of divorce to the District People's Court where the spouse is residing for the procedure of recognizing the divorce consent.
B. Unilateral divorce case
Unilateral divorce is a case where the husband and wife cannot reach agreement on the divorce or the ine consensus on the division of property, the right to care for and nurture children. You can then file for divorce unilaterally to the District People's Court where your husband is residing.
When the dossiers and documents are fully documented, the Courts will handle and settle the divorce. For child custody, pursuing to Clause 2, Article 92 of the Law on Family Marriage in 2014, if the two parties do not have other agreements, children under thirty-six months of age will be given priority to the adoptive mother.
So in your case, because your child is over three years old, to ensure that you have the right to directly raise children, you must prove that your husband is addicted to drugs, have a bad life that adversely affects your children and prove that you have a stable job, have the ability to nurture and ensure your child has the most stable life.
c. On divorce files due to her husband's drug addiction
The necessary documents and documents when divorced include:
+ Petition for recognition of consent for divorce (in case of favorable divorce) or divorce petition (in case of unilateral divorce);
+ Marriage certificate (original);
+ Identity card, citizen's identity card of the couple (Certified copy);
+ Household book (Certified copy);
+ Child's birth certificate (Certified copy);
+ Documents proving ownership of disputed property.
2. Custody of children when divorced due to her husband's drug addiction?
My husband and I have been together for 10 years and have a 7-year-old child but because my husband is addicted to drugs, I can't handle business. Having a lot of money is just not thinking about my wife and children, I go to work but many people are very depressed, now I want a unilateral divorce and gain custody of my children. Ask for advice, specific answers?
Counsel lawyers:
Hi, thank you for sending your questions to our law firm DFC, with this case our team of divorce lawyers would like to be consulted as follows:
Firstly, regarding the right to request the Court to settle for your spouse's divorce:
Clearly stipulated in Article 51 of the Law on Marriage and Family 2014:
"Article 51. Right to request divorce settlement
1. Spouses or both of them have the right to request the courts to settle the divorce.
2. Other fathers, mothers and relatives may request the courts to settle divorces when one spouse, due to mental illness or other illness, cannot recognize or master his/her acts and is a victim of domestic violence caused by their husbands or wives which seriously affects their lives , their health, their spirit.
3. Husbands do not have the right to request divorce in case their wives are pregnant, giving birth or raising children under 12 months of age."
According to the above regulations, you have the right to request a unilateral divorce when your husband is addicted to drugs, playing, not worrying about business, not caring for his wife and children. When filing for divorce in Court, you must prove that your spouse's marriage is unhappy, cannot last.
The divorce file you filed in the Court where your husband is residing, the file is as follows:
- Divorce petition (in form).
- Original original marriage certificate.
- A certified copy of the joint child's birth certificate (if there are joint children).
- A copy of identities/CCCDs, household books of both spouses certified.
- Documents proving common property, private property, other types of assets.
Secondly, on child custody and child support after divorce:
Your case is in Clause 2, Article 81 of the Marriage and Family Law 2014 as follows:
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, unless the mother is ineformible to directly look after, care for, nurture or educate the child or the parents have other agreements in accordance with the interests of the child.
Thus, because your child is 7 years old, custody will have to consider according to your child's wishes to live with his father or live with his mother,
If you still have any unknown problems or need other legal assistance, please contact the online legal advice center via call center: 1900.6512 for answers.
DFC law firm is a unit with extensive experience in resolving divorce cases. Clients when using DFC's family marriage services such as Quick Divorce Service, lawyer services to protect legal rightsand interests for litigans in family marriage cases,... not only guaranteed the most optimal benefits but also supported quickly, dedicatedly, surely. Quick divorce service, contact: 19006512
The above is the content of the advice of the DFC team on the issue of " Divorce due to herhusband's drug addiction". If you have any questions or need other legal assistance, please contact us via Email: luatsudfc@gmail.com or contact the Legal Advice Center 1900.6512 for the fastest pharmacy support.
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
