Issues need to know when going through divorce procedures and how to get a divorce

Issues need to know when going through divorce procedures and how to get a divorce

Divorce can be a challenging and emotionally exhausting process, but understanding the legal procedures can make it easier for you. In Vietnam, the divorce process can be relatively quick if handled effectively and with proper guidance. In this article, we will learn the steps to quickly resolve divorce in Vietnam, ensuring a smooth transition to a new chapter of life. In this article, Apolo Lawyers ((+84) 903.419.479) will provide Clients information about procedure getting a divorce.

1. Find out the grounds for divorce:

In Vietnam, divorce can be granted for many different reasons, including incompatibility, adultery, domestic violence or abandonment. Learning the specific grounds that apply to your situation is the first step. Consulting with a knowledgeable family attorney can help clarify your eligibility for an expedited divorce on these grounds.

Issues need to know when going through divorce procedures and how to get a divorce

2. Legal consultation and preparation:

Seeking legal advice from an experienced divorce attorney is important. A skilled attorney can guide you through the legal requirements and documents needed for the divorce process. They can help you gather the necessary documents, including marriage certificates, financial records and details about joint assets and children, ensuring all necessary information is available at all times.

3. Consider mediation or collaborative divorce:

Choosing mediation or collaborative divorce can speed up the process significantly. Mediation involves a neutral third party facilitating discussions between spouses aimed at reaching an amicable agreement. Collaborative divorce involves both parties and  attorneys working together to negotiate a settlement without going to court. These approaches often result in faster resolution, reducing stress and legal costs.

Issues need to know when going through divorce procedures and how to get a divorce

4. Filing for divorce:

Filing for divorce is a formal step in the process. Your attorney can assist in preparing the necessary documents and filing them with the appropriate court. In Vietnam, divorce cases are often resolved through the local Peoples Court. It is important to submit documents promptly and accurately to speed up the process.

4.1. Consultation with an Attorney:

Before initiating the divorce process, it is advisable to consult with an experienced divorce attorney. A lawyer can provide legal advice, explain your rights, and guide you through the entire process. They can also help you understand the laws specific to your jurisdiction.

4.2. Grounds for Divorce:

Determine the grounds for divorce applicable in your jurisdiction. Common grounds include irreconcilable differences, adultery, abandonment, cruelty, or long-term separation. Understanding the grounds is crucial as they can impact the legal proceedings.

4.3. Filing the Divorce Petition:

With the assistance of your attorney, you will need to prepare and file a divorce petition in the appropriate court. The divorce petition outlines the reasons for the divorce, requests for specific outcomes such as property division, child custody, and support. The court where you file is typically in the jurisdiction where you or your spouse reside.

4.4. Service of Process:

After filing the divorce petition, the other spouse (the respondent) must be served with the legal documents. This ensures that they are aware of the divorce proceedings and have the opportunity to respond. Service of process can be done by a process server or a law enforcement officer.

4.5. Response from the Respondent:

The respondent has a specific timeframe, usually 30 days, to respond to the divorce petition after being served. They can either contest the divorce or agree with the terms outlined in the petition. If the divorce is contested, the legal process can become more complex and time-consuming.

Issues need to know when going through divorce procedures and how to get a divorce

4.6. Negotiation and Settlement:

Many divorce cases are resolved through negotiation and settlement discussions between the parties and  attorneys. During this stage, both parties work to reach an agreement on issues such as property division, child custody, visitation, and support. If an agreement is reached, it is typically documented and submitted to the court for approval.

4.7. Court Hearings and Finalization:

If the parties cannot reach an agreement, the case may proceed to court hearings. Both parties present  evidence and arguments, and a judge makes decisions on unresolved issues. Once all matters are resolved and approved by the court, a final judgment of divorce is issued, officially ending the marriage.

5. Settlement negotiations:

Effective negotiation is the key to a quick divorce. Your attorney will represent your interests, working with your spouses attorney to reach a fair resolution regarding property division, child custody, and support. Being willing to compromise can speed up the negotiation process, leading to a quicker resolution.

6. Finalize the divorce:

After reaching an agreement, the divorce will be resolved through court. The judge will review the settlement, ensuring it is consistent with Vietnamese law. Once approved, a divorce decree will be issued, officially ending the marriage.

For further information, please contact us via email at contact@apolo.com.vn or Hotline: (+84) 903.419.479