What are the things to know when to divorce? What is the divorce procedure like? Upon divorce, the two ended their marital relations and also terminated their rights and obligations to their partners.
Things to know when getting divorced.
Q: Good morning, lawyer. My wife and I now want a divorce. We have two young children, a 6-year-old and a 02-year-old. Please let me know about the things to know when divorce and divorce proceedings? Thank you, lawyer.
Counsel lawyers: Good morning, my friend. Your issue is consulted by DFC Lawyers as follows:
1. Things to know when divorcing
When divorcing, you need to consider two main issues: children and property
*Firstly, about children:
When divorced, the rights and obligations of husband and wife to each other will end but the rights and obligations of parents to their children do not end. After the separation, whether the person directly raising the child or not directly raising the child, the parents still have the rights and obligations to the child:
- Parents have the right to visit, care for and educate their children;
- Parents are obliged to protect their children's legitimate rights and interests;
- The person who does not directly raise the child is obliged to support the child and together with the person directly raising the child to care for the child;
- The person who does not directly raise the child is obliged to respect the custody of the child, the right to live with the child of the person directly raising the child;
- The person directly raising the child and the family must not prevent the person who does not directly raise the child to visit the child care.
Thus, the parental obligation to change whether divorced or not divorced.
To determine who is directly raising the child,the court will rely on the following factors to decide:
- The couple's agreement on child support;
- Children under 03 years of age will be assigned to the adoptive mother, if the mother is not eligible for nurturing, the parents will agree to match the interests of the child;
- Based on the interests of the child, the court will decide the appropriate person to raise the child;
- Based on parental ethics: whether there are social evils or not, whether there is child abuse,...
In the event that your family is a 6-year-old and a 2-year-old, the 02-year-old will be assigned to your wife's care if your wife is eligible to raise the child unless the two have other agreements, the 6-year-old will be considered by your spouse's agreement or the court will consider to decide the child support.
*Secondly, in terms of assets
Regarding the couple's common property, the division of assets will depend on the agreement of the two. In case an agreement cannot be reached, the court will rely on the level of contribution to the common property of the two people to divide. In addition, the court depends on the fault of the parties leading to the divorce.
2. Divorce proceedings
To carry out the divorce proceedings,you and your spouse need to apply to the district people's court where the two people register their permanent residence. Divorce applications include:
- Divorce petition;
- People's I.E., I.E., which is notarized;
- Birth certificates of notarized photocopies;
- Original marriage certificate;
- The agreed papers on child custody, property;
- Notarized photo household book.
After receiving the application, the court will call your spouse up for mediation. If the settlement is unsuccessful, the court will process the divorce application and handle it in accordance with the law.
The above is a consultation of DFC Law Firm on what to know when divorce and divorce proceedings. If you have further questions, please contact the Free Legal Advice Center 1900.6512 for the most accurate and dedicated advice.
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.
