Unilateral Divorce: How Long Does the Settlement Process Take?

Regarding your query, Kiemsat.vn responds as follows:

Firstly, according to the procedure for resolving civil cases as stipulated in Article 54 of the 2014 Law on Marriage and Family: "After accepting the divorce petition, the Court will conduct a reconciliation session as per the provisions of the civil procedure law."

Reconciliation at the Court is a mandatory procedure before the case is brought to trial. If reconciliation succeeds, the Court will draft a record of successful reconciliation, and if the parties do not change their opinions, the Court will issue a decision recognizing the reconciliation, which takes effect immediately. If your husband is absent, the reconciliation cannot proceed.

Based on Article 227 of the 2015 Civil Procedure Code regarding the presence of the parties, representatives, and protectors of lawful rights and interests of the parties:

1. If the Court summons the parties validly for the first time, the parties or their representatives, protectors of lawful rights and interests must be present at the hearing; if someone is absent, the Trial Council must postpone the trial, except in cases where there is a request for trial in absentia.

The Court must notify the parties, representatives, and protectors of lawful rights and interests of the postponement.

2. If the Court summons the parties validly for the second time, the parties or their representatives, protectors of lawful rights and interests must be present at the hearing, except in cases where there is a request for trial in absentia; if absent due to force majeure or an objective obstacle, the Court may postpone the trial; if absent without a valid reason, the following actions will be taken:

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b) If the defendant has no counterclaim and related parties have no independent requests and are absent without a representative present, the Court will proceed with the trial in their absence;

Thus, firstly, you and your spouse will be summoned by the Court for reconciliation. If your husband does not attend the second summons without requesting trial in absentia and without a representative present, the Court will proceed with the trial in his absence.

Secondly, as per Clauses 1 and 4 of Article 203 of the 2015 Civil Procedure Code regarding the time limit for preparation of trial:

Article 203. Time limit for preparation of trial:

1. The time limit for preparation of trial for various types of cases, except for cases tried under summary procedures or foreign-related cases, is regulated as follows:

a) For cases stipulated in Articles 26 and 28 of this Code, the time limit is 4 months from the date of case acceptance;

b) For cases stipulated in Articles 30 and 32 of this Code, the time limit is 2 months from the date of case acceptance.

For complex cases or in cases of force majeure or objective obstacles, the Chief Justice of the Court may extend the trial preparation period by no more than 2 months for cases under Point a of this Clause and no more than 1 month for cases under Point b of this Clause.

If there is a decision to temporarily suspend the resolution of the case, the trial preparation period will be recalculated from the date the Court's decision to continue the case takes effect.

4. Within 1 month from the decision to bring the case to trial, the Court must open the hearing; in cases with valid reasons, this period is 2 months.

Thus, the time limit for resolving a unilateral divorce is a maximum of 4 months; for complex cases or if there are objective obstacles, it may be extended by no more than 2 months. Within 1 month from the decision to bring the case to trial, the Court must open the hearing; if there are valid reasons, this period is 2 months.

According to Kiem Sat Online

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