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In the journey of marriage, no one wishes for an ending. However, when feelings can no longer be reconciled, choosing unilateral divorce may sometimes be a necessary solution for both parties to regain peace of mind.
In reality, many people facing divorce feel confused and overwhelmed by questions such as: Where should the application be filed? How is child custody determined? How long will the procedure take? These concerns often cause significant anxiety and fatigue.
Understanding this, OTIS LAWYERS – a team of experienced family and marriage lawyers – is always ready to accompany you, helping you complete divorce procedures quickly, lawfully, and with the fullest protection of your legitimate rights and interests.
What is unilateral divorce?
Unilateral divorce, also known as divorce at the request of one party, is when either the husband or the wife requests the Court to settle the termination of the marital relationship when the marriage falls into a serious condition, the common life cannot be prolonged, and the purposes of marriage cannot be achieved.
In addition, if the spouse of a person who has been declared missing by the Court requests a divorce, the Court shall also resolve the case as a unilateral divorce.
Who has the right to request a divorce?
Pursuant to Article 51 of the Law on Marriage and Family 2014, persons who have the right to request the settlement of divorce include:
- The wife, the husband, or both spouses have the right to request the Court to settle the divorce.
- Parents or other close relatives have the right to request the Court to settle a divorce when one spouse suffers from mental illness or another disease that makes them unable to perceive or control their behavior, and at the same time is a victim of domestic violence caused by the other spouse, seriously affecting their life, health, or mental condition.
However, the husband does not have the right to request a divorce when the wife is pregnant, giving birth, or raising a child under 12 months of age. In such cases, the wife still has the right to request the Court to grant a divorce.
Conditions for requesting unilateral divorce
- One spouse commits acts of domestic violence;
- One spouse seriously violates rights and obligations, causing the marriage to fall into a serious condition and the common life to be unable to continue;
- The husband or wife has been declared missing by the Court;
- One spouse suffers from mental illness or another disease and is simultaneously a victim of domestic violence caused by the other spouse.
What documents are required for a unilateral divorce?
Basically, the documents required for unilateral divorce and mutual consent divorce are the same. The necessary documents include:
- Divorce petition:
- For unilateral divorce: Statement of claim (re: Divorce);
- For mutual consent divorce: Application for mutual consent divorce.
- Marriage certificate (original): If the marriage certificate is not available, a certified copy may be requested from the civil status authority where the marriage was registered.
- Citizen Identity Card/ID card of both husband and wife (certified copies): If unavailable, other personal identification documents may be submitted in accordance with the Court’s guidance.
- Birth certificates of the children (if there are common children, certified copies).
- Documents proving ownership of common property (if there is common property, certified copies).
Procedures for unilateral divorce
Step 1: Filing the lawsuit
The husband or wife who wishes to request unilateral divorce must prepare a complete set of dossiers, documents, materials, and evidence (if any) and submit them to the competent People’s Court.
Step 2: Mediation
After receiving the application, the Court will consider whether to accept and handle the divorce case. If there are sufficient grounds to consider the unilateral divorce request, the Court will require the applicant to pay the advance court fee and proceed with mediation.
If mediation is successful, the Court will issue a decision recognizing the successful mediation. If mediation fails, the Court will bring the case to trial.
Step 3: Opening of the first-instance trial
After the trial, the Court will issue a judgment terminating the marital relationship between the husband and wife.
Divorce procedure consultation services of OTIS LAWYERS
Unilateral divorce is not an easy turning point, but with the right companionship, you can overcome it in a lawful and gentle manner.
OTIS LAWYERS is not merely a law firm – we are a trusted legal companion, helping you regain peace and begin anew. Having a professional legal team by your side will help you take the right steps, save time, and maximize the protection of your legitimate rights and interests. OTIS LAWYERS offers:
- More than 15 years of experience in marriage and family law;
- In-depth understanding of legal procedures at Courts nationwide;
- Comprehensive services from consultation and document preparation to representation at Court;
- Absolute confidentiality of client information.
We are committed to accompanying you from the moment the application is filed until the final judgment is issued, helping you close the old chapter and begin a more peaceful new one.
If you need consultation on unilateral divorce, please leave your information or call our hotline (+84) 987 748 111 to receive prompt support from the lawyers of OTIS LAWYERS.
