Law on unilateral divorce but absent many times

Unilateral divorce is one of the divorce cases recognized by marriage and family law today. However, during the settlement process, one of the litigan parties in the divorce case is unilaterally absent several times. So how will the law on unilateral but absentee divorce proceedings be resolved? The following, DFC Law Consulting through marriage law call center 1900.6512 will send you the following article to clarify this issue as follows:

Regulations on unilateral divorce proceedings but repeated absences

Legal grounds

• The 2015 Civil Procedural Code of the National Assembly of the Socialist Republic of Vietnam;
• The Law on Marriage and Family 2014 of the National Assembly of the Socialist Republic of Vietnam.

Contents of consultation

1. What is a unilateral divorce? Which agency settles the divorce unilaterally?

Unilateral divorce is one of two cases of divorce recognized by law as asserted above, besides the case of favorable divorce. Compared to the divorce agreement, the involved parties agree with each other on the jurisdiction of the court to settle, the issue of common children and common debt assets, then there is a petition for the competent authorities to settle the recognition of divorce, unilateral divorce is a case based on the will of a party , the other party has no need for divorce or need for divorce but does not meet the agreed conditions (Court of Settlement, Property and Joint Children).

According to the Provisions of the Civil Procedure Code 2015, the People's Court is the agency competent to settle divorce in both cases: consystuality and divorce by court judgment or decision.

2. Unilateral divorce proceedings but repeated absences

When a unilateral divorce case takes place, one of the litigan defendants, especially the defendant, will find out or occur in a number of situations of reasoned absence at the unilateral divorce settlement court session including:

- Having received the summons notice of the Court to conduct divorce mediation several times but not present at the Court for mediation;

- Not present at the place of residence (temporary or permanent residence);

- The missing cannot contact the litigan ent?

- Because of illness, illness or health is not guaranteed to proceed with divorce.

However, in accordance with the Civil Procedure Code 2015, specifically in Article 228, in case the litigance is absent, the Court will still proceed with the unilateral settlement of divorce if there are divorce grounds such as:

- The involved defendant is the plaintiff requesting a divorce but his/her spouse has an application for divorce trial in absentia;

- Having representatives to participate in court sessions in the absence of spouses;

- Due to unmicrobial events or objective obstacles that cannot participate in the trial.

When conducting unilateral divorce but absent many times, the following steps should be taken, including:

Step 1: Prepare necessary documents including:

- Certificate of marriage registration (original);

- Identities/citizen identities of the couple (certified copy);

- Birth certificates of children (if any) (copies);

- Household book (certified copy);

….

Step 02: Submit the dossiers to the People's Courts where they have jurisdiction to settle them in accordance with the Civil Procedure Code in direct form at the Court or by post.

Step 03: The Court will conduct the review, handling and settlement in accordance with the provisions of law.

Step 04: The court may order the divorce judgment in accordance with the law to cede that the couple's marital relationship has ended.

The above is the content of legal advice 1900.6512 on the contents of consultation on unilateral divorce procedures but absent many times. If you have any questions or related questions, please contact the Call Center to receive the most accurate and complete advice. Sincerely!