In marriage, the husband's addiction to gambling, debt is one of the very common factors leading to divorce today. So when the husband is addicted to gambling, what will the divorce procedure be like and include what steps?
Husband gambling addiction - How to divorce?
1. How to get a divorce due to her husband's gambling?
Counseling question: Hello lawyer, my wife and I have been married for 7 years and have together a 6-year-old baby. Although I have lived together for 7 years, the family's accumulated assets are not partly because my husband is addicted to gambling, debt does not do business. I'm just an office worker, and in seven years everything in my family is on my own. Currently I would love to divorce but do not know what steps my husband is addicted to gambling and what documents to prepare? Looking forward to consulting lawyers.
Counsel: Hello, with the information you provide, DFC's family marriage team 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/ Where the divorce is agreed
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
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 gambled, had a bad life that adversely affected your children while proving that you have a stable job, have the ability to nurture and ensure your child has the most stable life.
c/ About divorce records
The necessary documents and documents when divorced include:
+ Petition for recognition of consent for divorce (in case of favorable divorce) or divorce application (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);
+ The shoe sheet proving ownership of the disputed property.
2. Husband gambling debt pile up? When divorce who has to pay?
My husband is addicted to gambling, debt piled up for many years, debt in places about 1 billion. But that debt was borrowed by my husband on his payroll. So when I get divorced, do I have to bear that debt?
Counsel lawyers:
First, to determine if you have to repay your husband's gambling debt, you must first see if the debt is a common debt or private debt.
Article 37 of the Law on Marriage and Family 2014 provides for the general property obligations of husband and wife:
"Article 37. General obligations on the property of husband and wife
Spouses have the following general property obligations:
1. Obligations arising from transactions established by husband and wife, obligations to compensate for damage which in accordance with the law the husband and wife must be held accountable;
2. Obligations performed by spouses to meet the essential needs of their families;
3. Obligations arising from the possession, use and appropriation of common property;
4. Obligations arising from the use of private property to maintain and develop common assets or to create the main source of income of the family;
5. The obligation to compensate for damage caused by their children, but in accordance with the Civil Code, parents must pay compensations;
6. Other obligations as prescribed by the relevant laws."
From the above provisions, it can be seen that the husband borrowing money to gamble is not a transaction made by the couple, nor a transaction to meet the essential needs or develop the common property of the family. Therefore, it is possible to determine the amount of money the husband borrowed to gamble as his own debt, does not ins arise the obligation to repay the debt of both spouses.
Clauses 3 and 4, Article 45 of the Law on Marriage and Family 2014 also provide for separate obligations of husband and wife:
"Article 45. Separate obligations on the property of spouses
Spouses have their own obligations on the following assets:
1. Obligations of each spouse available before marriage;
2. Obligations arising from the possession, use and disast of private property, except for cases where obligations arise in the preservation, maintenance and remodeling of private property of spouses as prescribed in Clause 4, Article 44 or as stipulated in Clause 4, Article 37 of this Law;
3. Obligations arising from transactions established or performed by a party not because of the needs of the family;
4. Obligations arising from law-breaking acts of husband and wife."
Therefore, your husband's gambling, debt pile up is your husband's own behavior specified in Clause 4 of this Article and your husband's self-made civil transactions to borrow money to repay the debt is not because of the essential needs of the family as provided in Clause 3 of this Article. Therefore, when liabilcing a divorce, she is not obliged to repay the debt owed by her husband.
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 with fast divorce service, contact immediately: 1900.6512
The above is the content of the consultation of the DFC team on the issue of "Divorce due to her husband's addiction to gambling". 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.
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.
