Divorce is a procedure of marriage and family law. Divorce consists of two forms: unilateral divorce and favorable divorce. So how long is the unilateral divorce to the Court? Following, the Marriage Law Call Center 1900.6512 will send to customers the content of the article on divorce unilaterally takes as long as the following.
How long does a unilateral divorce
Legal grounds
Law on Marriage and Family 2014 of the National Assembly of the Socialist Republic of Vietnam;
Civil Procedural Code 2015 of the National Assembly of the Socialist Republic of Vietnam.
Contents of consultation
Divorce means the termination of a spouse's marital relationship in accordance with a decision or judgment in effect of the Court. Unilateral divorce is one of two forms of divorce in accordance with the provisions of law; unilateral divorce is a form of divorce that comes from the will of a spouse. And when applying for a divorce unilaterally, there must be grounds for divorce.
In Article 56 of the Law on Marriage and Family 2014, unilateral divorce grounds are subject to one of the following grounds:
- There are grounds for spouses to commit acts of domestic violence affecting the health and life of the other party;
- There are grounds for violating the obligations of rights and obligations of husband and wife, making the marital status serious, the purpose of the marriage is not achieved.
- According to the provisions of the Civil Procedure Code 2015, how long does the unilateral divorce settlement take is specified in each procedure as follows:
- For a period of 10 to 15 days, the chief judge of the court has the authority to assigned 01 judge to consider and handle the case when the dossier (petition, evidence papers...);
- The time limit is 04 months to study the dossier and enter the pre-trial stage;
- The time limit is 01 month to make a decision to bring the case to trial, open the first-instance court session and make a first-instance judgment.
- Thus, the time limit for settlement of divorce cases will fall between 04 and 06 months in accordance with the provisions of law. In cases where judges need more time to collect and consolidate dossiers, evidences and documents, they may extend them further.
The above is the consultation content of the Family Marriage Law 1900.6512 On how long the content of unilateral divorce takes. If you have any questions or related questions, please contact the marriage law call center 1900.6512 to get the most accurate and complete advice. Sincerely!
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.
