Divorced because of husband beatings, violence against wives and children is no longer a rarity. The question of whether husbands and wives should divorce is a question that is being learned by a lot of people? I don't know whether to keep this relationship forever or to free myself. The same law firm DFC consults with the case below.
Should husbands beat their wives to divorce? Divorce proceedings because of her husband's beating.
Q: Good morning, Lawyer. I have a problem with my lawyer' advice. I've been married for five years, I've got a four-year-old girl. My husband was often drunk and beat me and his daughter. I can't take it anymore, so I want a divorce. I want to ask the husband's lawyer should the wife should divorce? If I give reasons for wanting a divorce because of my husband's beating, will the court accept me for divorce? If I get a divorce, will I have custody of my children? I hope your lawyer helps. Thank you very much.
A: Thank you for trusting DFC Law Firm and sending questions to us. The following, Lawyers of DFC Law Firm would like to answer the question of whether the husband beat his wife should divorce, divorce proceedings because of your husband's beating as follows:
Legal grounds:
- Marriage and Family Law 2014;
- Domestic Violence Prevention Law 2007.
Contents of consultation:
1. Should domestic violence hit the wife with a divorce?
According to the Law on Marriage and Family 2014, marriage is the conduct of a one-woman marriage with the aim of building a warm, progressive and happy family. When the purpose of the marriage is not achieved, either party or both parties have the right to request a divorce.
According to Article 56 of the Law on Marriage and Family 2014, a party may request a divorce when there are grounds for the spouse to commit acts of domesticviolence, seriously violating the rights and obligations of the spouse, making the marital status serious, the marriage life can not last.
*Marriage falls into a serious condition that cannot be prolonged as follows:
- Husband and wife no longer love each other, have been reminded but i can not overcome;
- Husband and wife who have abused each other, have been reminded but still commit misconduct;
- Spouses are no longer faithful.
In this case, she has full authority to ask the Court for divorce because of her husband's beating. If her husband commits acts that infringe on her life, health, honor and dignity, she has the right to request a unilateral divorce. According to the Law on Domestic Violence Prevention and Control 2007, domestic violence acts include:
- Beating, mistreing or committing other acts that infringe on health and life;
- Insulting, intentionally insulting the honor of dignity;
- Deliberately putting psychological pressure on often causes serious consequences or isolation, alienation, expulsion;
- Preventing the implementation of family rights and obligations;
- Forced sexual intercourse;
- Forcible child marriage, forced marriage, forced divorce or prevent voluntary marriage;
- There are acts of appropriating, intentionally destroying, destroying or otherwise intentionally damaging the private property of other family members or common property of family members;
- Forcing over-working family members or financial contributions beyond their capacity; to control the income of family members in order to create financial dependence;
- There are unlawful acts that force family members out of accommodation.
Because her husband commits acts of domestic violence, beating her and her children, she has absolutely grounds to gain custody of her children. In order to have evidence of her husband's violent actions, she needed a photo or video clip proving the violence, the results of the injury assessment after being beaten by her husband to prove that her husband was not morally qualified to raise children. In addition, she needs to prove her financial ability, accommodation, conditions to take care of her children.
2. Divorce proceedings due to husband beatings, domestic violence
Divorce proceedings due to husband beatings, divorces when abused by husbands are carried out as cases of unilateral divorce requests. You need to prepare your divorce application including:
- Divorce petition;
- Original marriage certificate;
- Birth certificate of notarized photocopying daughter;
- Certified copy of identities/citizen's identities;
- Evidence that she suffered domestic violence.
- The papers prove economic conditions( payroll,...) to gain custody of children.
The divorce application is filed at the District People's Court where her husband registered permanent residence.
After receiving her divorce application, the Court will call her and her husband up for mediation. If the settlement is unsuccessful, the Court will proceed to process your divorce application.
The above is the consultation of DFC Law Firm on the issue of husband hitting his wife should divorce her. If you have further questions about divorce proceedingsdue to your husband's beating, please contact 1900.6512 Call Center for the most detailed and dedicated advice.
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.
