A spouse has the right to request the Court to resolve a request for divorce at the request of one spouse. So, how long does it take to settle cases of divorce at the request of one spouse in Vietnam?
Article table of contents
How long does it take to settle cases of divorce at the request of one spouse in Vietnam? (Internet image)
Regarding this matter, LawNet would like to answer as follows:
A spouse has the right to request the Court to resolve the divorce at the request of one spouse in Vietnam
Based on Article 56 of the Law on Marriage and Family 2014, a spouse have the right to request the Court to resolve the divorce at the request of one spouse if:
- When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.
- Then the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.
- if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.
Thus, based on the above provisions, the spouse has the right to request the Court to resolve the divorce at the request of one spouse if it falls under the above cases. At the same time, the Court will resolve the divorce request according to the procedures prescribed in the Civil Procedure Code 2015.
How long does it take to settle cases of divorce at the request of one spouse in Vietnam?
Article 28 of the Civil Procedure Code 2015 stipulates that marriage and family-related disputes falling under the courts' jurisdiction in Vietnam as follows:
- Divorces, disputes over child rearing or property division upon divorces; post-divorce division
- Disputes over division of spousal common property during their marriage.
- Disputes over change of post-divorce child custodian.
- Disputes over determination of fathers or mothers for children; or determination of children for fathers or mothers.
- Disputes over alimonies.
- Disputes over childbirth using the childbirth assistance technique or surrogacy for humanitarian reasons.
- Disputes over child custodian, division between couples living like husbands and wives without marriage registration or between spouses illegally cancel the marriage registration.
- Other disputes relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law
In addition, according to the provisions of Clause 1, Article 203 of the Civil Procedure Code 2015,the time limits for preparation for trial over cases of various types, except for cases resolved under simplified procedures or cases involving foreign elements are specified as follows:
- For the cases prescribed in Articles 26 and 28 of this Code, the time limit shall be 04 months counting from the day on which the cases are accepted;
- For the cases prescribed in Articles 30 and 32 of this Code, the time limit shall be 02 months counting from the day on which the cases are accepted.
- For complicated cases, or when due to force majeure events or objective obstacles, the Chief Justices of Courts may decide to extend the trial preparation time limits but for not more than 02 months for cases prescribed in Article 26 and Article 28 and 01 month for cases prescribed in Article 30 and Article 32.
Thus, according to the above provisions, the fastest time for the Court to resolve a case of divorce at the request of one spouse is about 04 months or the trial period may be extended but not more than 02 months depending on the nature and complexity of each divorce case.
Ty Na
