Can parents file for divorce on behalf of their daughter? Is it possible to get a divorce if the husband keeps the documents?
Do parents have the right to divorce on behalf of their daughter?
Editorial Board, I would like to ask. In the case where the wife is mentally ill, do the parents of the wife have the right to file for divorce and request the court to resolve the divorce?
Answer:
According to Article 51 of the 2014 Law on Marriage and Family, the right to request the resolution of a divorce is stipulated as follows:
The wife, husband, or both have the right to request the court to resolve the divorce.
Parents or other relatives have the right to request the court to resolve the divorce when one spouse is mentally ill or suffers from another illness, rendering them incapable of perceiving and controlling their behavior, and is also a victim of domestic violence caused by their spouse, severely affecting their life, health, and spirit.
The husband does not have the right to request a divorce in cases where the wife is pregnant, has given birth, or is nursing a child under 12 months old.
Thus, if the daughter is mentally ill and unable to carry out the divorce procedures herself, her biological parents have the right to act on her behalf to request the court to resolve the divorce.
Can you get a divorce if your husband keeps all the documents?
I want to get a divorce, but my husband keeps all the documents. The eldest child is 7 years old, and the younger one is 4 years old. What should I do?
Clause 1, Article 56 of the 2014 Law on Marriage and Family stipulates divorce at the request of one party:
When a spouse requests a divorce and conciliation at the court is not successful, the court shall grant the divorce if there are grounds proving that the husband or wife has committed acts of domestic violence or seriously violated the rights and obligations of the husband or wife, making the marriage situation serious, common life cannot continue, and the purpose of the marriage is not achieved.
Therefore, if you want to get a divorce, you need to prove that your husband has committed acts of domestic violence or seriously violated the rights and obligations of the husband or wife, making the marriage situation serious, common life cannot continue, and the purpose of the marriage is not achieved. You need to provide a marriage certificate and other personal documents if you want to get a divorce.
If your husband keeps all the documents, you can resolve it as follows: You may go to the People's Committee of the commune/ward where you and your husband registered your marriage and birth previously to request copies of these documents.
Can you return to live in your ex-husband's house after divorce if encountering difficulties?
Hello Editorial Board, my husband and I have just divorced because I committed adultery. I want to ask, after the divorce, I don't have a place to live. Can I temporarily return to my ex-husband's house? How long can I stay?
Answer:
According to Article 63 of the 2014 Law on Marriage and Family, the right to temporary residence of husband or wife upon divorce is specified as follows:
A house owned exclusively by the husband or wife that has been put into common use shall remain the sole property of that person; if the husband or wife has difficulty finding a place to stay, they have the right to reside for 6 months from the date the marital relationship ends, unless otherwise agreed upon by the parties.
Thus, based on legal regulations, in this case, if you have difficulty with housing, you have the right to temporarily reside at your ex-husband's house for 6 months from the date the marital relationship ends.
Sincerely!
