Divorce is something that all couples do not want to happen, but when marriage no longer has a common voice, the couple is no longer happy. So there is a common case here is how to divorce without importing her husband's family?
Is it possible to divorce without importing households?
Q: DFC Law Firm please adviseme. I want a unilateral divorce from my husband, but I haven't imported it back to my husband's house. Currently, we have one child together and grandchildren are currently imported at my husband's household. I have a household in Hai Ba Trung District, Hanoi and my husband is in Nam Tu Liem District, Hanoi with my parents-in-law. So, can I get a divorce without importing it? What conditions do I need to get a child after a divorce? I hope your lawyer advises me and answers me. I sincerely thank you!
Counsel: Hi, thank you for trusting and asking questions about the consulting mailbox of DFC Law Firm. Given your situation, we would like to answer the following:
1. Divorce without importing households
Regarding the specific situation of how to divorce without importing her household, whether or not to import or not to her husband's house does not affect the divorce of the two parties. Because she did not specify the reasons for her and her husband's divorce, the Court's acceptance of the divorce will depend on the reasons she gave and in accordance with the conditions of the Law on Marriage and Family 2014.
Pursuing from Clause 1, Article 51 of the Law on Marriage and Family 2014, spouses or both spouses have the right to request the court to settle the divorce.
The grounds for the Court to handle the divorce petition at the request of a party based on Article 56 of the Law on Marriage and Family 2014 are as follows:
"When a spouse requests a divorce but the award 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 causes the marriage to fall into serious condition, the common life cannot last , the purpose of the marriage is not achieved".
Thus, based on the above provisions, if she wishes to unilaterally divorce because her husband does not sign the divorce petition, she has the right to request the Court to settle the divorce at the request of a party if there are sufficient grounds to prove that the marriage can not last any longer. Then you absolutely do not need to worry about divorce without importing.
2. Custody of children in unilateral divorce
In Article 81 of the Law on Marriage and Family 2014,the care, nurture and education of children after divorce will be based on the agreement of the two spouses. In case the husband and wife cannot reach an agreement, the Court will consider the following factors to determine who is directly raising the child:
First, material economic conditions: In terms of jobs, Her legal income must be stable and higher than her husband's, have a good place of residence and living and ensure the eligibility for her children's education, physical and intellectual development, creating a better living environment for her children than her husband,... the Court to process your divorce petition.
Secondly, the conditions of spiritual life: Time can care for, nurture, teach children, love, care for children to give children the most comfortable conditions to play, study, education level, personality, morality superior to her husband,...
In addition, because she did not provide information about how old her child was, the lawyer could not advise her specifically. However, if the common child of the husband and wife is less than 36 months old, in accordance with the law will give priority to the mother to be directly nurtured, if the child is full 07 years of age or older, consult and consider the aspirations of the child (Article 81 of the Law on Family Marriage).
The above is the content of advice of DFC Law Firm on the contents of divorce withoutimportation . Thank you very much!
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.
