Before marriage, you dreamed of a warm and happy family. However, unfortunately after marriage you encounter a husband addicted to drugs, not even animal business, can not see the future for the whole family. So deciding to divorce due to your husband's drug addiction will probably help you get a fresh start and free you.
Should divorce due to her husband's drug addiction?
Legal grounds:
1. Should divorce be caused by her husband's drug addiction?
Hello, monk, I'd like advice. I know this is a bit cruel but I really don't know whether to divorce my addicted husband in search of new happiness. My husband has been in rehab twice in the last four years, he's promised it'll be the last time, but he's gone in there, even took the red book with him. Should divorce due to her husband's drug addiction? If divorce is caused by drug addiction, what is the procedure?
Counsel lawyers:
Hi, thank you for trusting and sharing your story, our law firm DFC would like to answer your question as follows:
Marriage is understood to be the voluntary of two people coming together based on true love. Any one of us desires a truly happy and fulfilling married life, with our partner going to the end of our lives. However, married life is not always as we expected, there are always unforeseen difficulties, contradictions and contradictions so liberation is probably the best solution for both of you - so is your case.
When your husband is addicted to drugs for a long time, you should talk to your husband about detoxification. Ask for the intervention of friends, family, as well as local authorities to get your husband to rehabised.
You should only talk frankly with your husband when he is awake, should not mention while not sober because at this time the husband can judge, analyze right and wrong as well as master the behavior, not dangerous to the life of you and those around you.
You should encourage your husband to go to rehab so that he cultivates business, stay away from sin, integrate with the community. Mention the harms of drug use such as health effects, economic exhaustion, risk of HIV/AIDS infection.
When your husband shows determination to detox, ready to detox to start a new life, give him a chance.
However, if your husband's drug addiction occurs regularly, can not quit drugs, relapse many times, directly affect the family economy, then you can think of divorce.
2. Divorce proceedings due to drug addiction?
A. Divorce proceedings due to husband's drug addiction
When both spouses agree to divorce and have reached an agreement on custody of children as well as property (if any), the grounds stipulated in Article 55 of the Law on HN & Director are as follows:
"In cases where husband and wife request a divorce, if it is found that the two parties have indeed voluntarily divorced and have agreed on the division of property, the care, nurture, care and education of their children on the basis of ensuring the right interests of their wives and children, the courts may recognize the divorce consent; if no agreement is reached or an agreement is reached but the right interests of the wife and children are not guaranteed, the court may settle the divorce."
You want a divorce to prepare the following documents:
- Divorce application (In case of consent for divorce, file a petition for recognition of divorce consent)
- Marriage certificate;
- Household book;
- Identities/ Citizen identities of both spouses;
- Birth certificates of common children (if any);
- Other documents and evidence proving common property such as: E-commerce; Car registration, savings book ...
B. Unilateral divorce proceedings due to husband's drug addiction
In case your husband and you can not agree on the divorce, you can carry out unilateral divorce procedures in accordance with the law.
Pursuing Article 56 of the Law on Marriage and Family 2014 on the provisions on divorce, the requirements for unilateral divorce are as follows:
"1. When a spouse requests a divorce, the court of concion failed or failed to request mediation due to acts of using domestic violence or seriously violating the rights and obligations of the spouses, the marriage is in a serious condition, the common life cannot be prolonged, the purpose of the marriage is not achieved."
Regarding the divorce file is similar to the case of Consent divorce due to her husband's addiction to drugs but need additional evidence that her husband is addicted to drugs, leading to the marriage life is aggravated, the purpose of marriage is not achieved.
Divorce service when husband is addicted to drugs
3. When I divorce my drug-addicted husband, can I raise my children?
I've been unlucky to marry my drug-addicted husband for years. Despite repeatedly trying to rehab at home, my husband still can not quit. So I decided to divorce. So, when I divorce my drug-addicted husband, do I have custody of my children?
Counsel lawyers:
Hi, thank you for your trust and send your questions to our law firm DFC, we would like to answer your question as follows:
Article 81 of the Law on Marriage and Family 2014 provides for the care, care, nurture and education of children after divorce as follows:
Article 81. The care, care, nurture and education of children after divorce
1. After divorce, parents still have the right and obligation to look after, care for, nurture and educate their minor children, adult children who have lost their civil act capacity or have no working capacity and no assets to support themselves in accordance with this Law, the Civil Code and other relevant laws.
2. Husband and wife agree on the person directly raising children, obligations and rights of each party after divorce for their children; where no agreement can be reached, the court decides to hand over the child to a party directly raised based on the interests of all aspects of the child; if you are at least 7 years old, you must consider your wishes.
3. Children under 36 months of age may be assigned to their mothers directly for adoption, unless the mother is ineformible to directly look after, care for, nurture or educate the child or the parents have other agreements in accordance with the interests of the child.
Thus, your spouse has the right to agree on custody and rights and obligations of both after divorce. The divorce due to the husband's drug addiction is the profound cause of your family happiness broken, you can completely be directly raising children. In addition, in order to gain custody, you need to give evidence that the request is reasonable, you need to prove that your child's ability is the best including both physical and mental factors. .
In addition, you can also point out the disadvantages of her husband that he can not raise two children as long-term addict husband, unsa guarantee health to raise children, debts, family,...
4. Should divorce services be chosen when your husband is addicted to drugs?
When encountering legal troubles, the smartest and wisest way is to ask a lawyer to advise your case. There are many people who want to settle their own divorce without consulting a lawyer, leading to many disadvantages such as not preparing enough papers, not understanding the procedures as well as the provisions of the law in favor of the individual, thereby losing the things that are in their best interest.
It can be said that divorce when her husband is addicted to drugs in particular and other complicated divorce cases in general has never been an easy problem to solve. Because not everyone can master legal knowledge and get practical experience to apply.
Therefore, when deciding to divorce, you should use divorce counseling services to be able to solve things quickly, taking the least time and effort. Lawyers are leading legal experts who will help you get the best rights and benefits when divorced.
DFC's divorce service will help clients feel shared and comforted by the ability to listen and understand the specific circumstances of the company's team of lawyers and psychological consultants.
The above is the answer of DFC Law Firm about" Divorce due to her husband's drug addiction ", to connect using the divorce service readers please contact the Free Call Center 19006512 for support.
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.
