Divorce dossiers and procedures due to domestic violence

At the moment, our family life has many contradictions. Since getting married, my husband has been constantly beating, cursing, hurting me both physically and mentally. I want to decide to divorce to avoid affecting my grandchildren and want to get rid of being tormented by my husband, beaten regularly. My lawyer asked me about the dossier, how is the divorce procedure due to domestic violence?

Divorce dossiers and procedures due to domestic violence

Counsel lawyers:

Hello, thank you for sending your request to our DFC Law Firm. For your question, we would like to answer the following:

1. Regulations on the right to request divorce settlement

Regulations on the right to request divorce settlement are clearly stipulated in Article 51 of the Law on Family Marriage 2014:

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.

Thus, Article 51 clearly states that you have the right to request a divorce settlement when abused by your husband. At the same time, Clause 1, Article 56 of the Law on Social Security 2014 also provides that domestic violence is the grounds for divorce:

"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 spouse to commit acts of domestic violence or serious violation of the rights and obligations of the spouses, which cause the marriage to fall into serious condition, the common life cannot last , the purpose of the marriage is not achieved."

Thus, in accordance with the law, if the married life of the couple falls into a serious condition, co-living cannot last long, does not achieve the common purpose, she has full right to file for divorce. Kissing.

2. Divorce dossiers when abused by their husbands

+ Petition (according to court form);

+ Certificate of marriage registration (original);

+ Copies of identities and household certificates of the couple (certified);

+ Copies of birth certificates of children (certified) if they request the court to settle on common children;

+ Certified copies of documents proving common property or separate property spouses (if requesting court settlement on property).

3. Regarding divorce order and procedures

Step 1: Prepare a dossier requesting a unilateral divorce;

Step 2: File for divorce in the court where the defendant resides or works competently;

Step 3: The court announces the payment of court fees and the processing of divorce applications;

Step 4: Take testimony, median and bring the case to trial;

Step 5: Open the first instance trial of the divorce case;

Step 6: Get the verdict.

You can also refer to DFC's fast divorce service with steps, shortened time, so that you can quickly free up the scene of domestic violence daily:

Step 1: Prepare the dossier, submit the dossier;

Step 2: Pay court fees and handle the case;

Step 3: Reconcile the case and wait for the decision.

4. On the issue of child support if you have children in divorce

Spouses agree on the person directly raising the child, the obligations and rights of each party to the child after the divorce; Where no agreement is reached, the court decides to hand over the child to a party directly raising the child based on the interests of all aspects of the child; Children aged full 07 years or older must consider their aspirations. (In my case, both children are over 7 years old)

Thus, the Court, based on the economic conditions of the two parties, considers the individual who is capable of caring for and nurturing the child, meeting the minimum needs of the child to be assigned to that party.

5. On the issue of division of assets if there are common property in the marriage, there is a request for division of assets

- On personal property: Who's divided between that person;

- The division of common property upon divorce:

+ Agreed upon by the parties; If no agreement is reached, the court may be reached for settlement. The division of common assets is carried out according to the following principles:

+ The common property of husband and wife in principle is divided into two parts, but taking into account the circumstances of each party, the status of assets, the effort of each party in the creation, maintenance and development of this property. The work of spouses in the family is considered to be paid labor;

+ Protecting the legitimate rights and interests of wives, minor children, adults who are disabled, incapable of civil acts, inability to work, have no assets to support themselves;

+ Common property of husband and wife is divided in in-house or by value; whoever receives the property in an artifact of greater value than the part he/she is entitled to, must pay to the other party the difference in value.

+ The payment of general property obligations of husband and wife agreed upon by husband and wife; If no agreement is reached, the court may be reached for settlement.

The above is our consultation with your problem, please contact the Free Legal Advice Hotline 19006512 for answers. Thank you!

Ls. Le Minh Cong