Unilateral divorce in Da Nang

Divorce in Da Nang is an important turning point in life. Our divorce lawyers in Da Nang clearly understand that clients must go through a challenging and emotional process during this period. The divorce procedure in Vietnam is very complex and requires divorce lawyers in Da Nang with professional experience in this field. Our divorce lawyers in Da Nang also understand our role in helping clients to get divorced more easily and accompanying clients through this challenging process.

In this article, we guide and explain to you the important and basic legal issues related to unilateral divorce procedures in Da Nang.

1. What documents are required for unilateral divorce in Da Nang?

• Application for unilateral divorce according to the issued form;
• Marriage registration certificate (Original), if not available, please request a copy;
• Certified copy of the Identity Card/Citizen Identification Card of the husband and wife;
• Confirmation of residence (replacing the family’s household registration book);
• Copy of the child’s birth certificate if there is a common child;
• If there is a common child and there is a request to divide the property after the divorce, there must be documents proving ownership of that property.

DUONG GIA LAW FIRM – DA NANG BRANCH

Address: 141 Diep Minh Chau, Hoa Xuan Ward, Cam Le District, Da Nang City

Phone: 0931548999; 02367300899

2. The competent court to resolve a unilateral divorce in Da Nang – divorce lawyers in Da Nang

The competent court to resolve a unilateral divorce in Da Nang is the court where the defendant resides or works. The competent court to resolve a unilateral divorce may be the district court or the provincial court.

According to Article 39 of the Civil Procedure Code:

“Article 39. Court’s jurisdiction by territory

The Court’s jurisdiction to resolve civil cases by territory is determined as follows:

a) The Court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has the authority to resolve according to first-instance procedures disputes regarding civil, marriage and family, business, trade and labor prescribed in Articles 26, 28, 30 and 32 of this Code.”

3. The process of Unilateral divorce in Da Nang

Step 1: The petitioner requesting divorce submits the petition to the competence Court.

The petitioner requesting a divorce must submit a petition to the competent court. The petition includes the following content: spouse’s name and information, name of the court, and lawsuit claim. The petitioner must attach to the application the relevant documents, and evidence proving their lawsuit claim as mentioned above.

Step 2: Pay the court fee in advance

The judge will consider the petition and issue the notification of payment court fee advance if seeing the petition satisfies the conditions according to law.

After the court receives the court fee advance, the judge will accept the case to resolve the petitioner’s request.

Step 3: The court holds a mediation session between husband and wife.

Before bringing the lawsuit to court for trial, the judge will hold a mediation session to mend the relationship between husband and wife. If the mediation efforts are not successful, the judge will continue the session in order to help spouses reach an agreement on common property and debt division; and child custody. If the couple cannot reach an agreement on all of the above issues, the judge will bring the case to court for trial.

Step 4: The court to bring the case to trial 

4. In case of unilateral divorce, how are the court fees calculated, and how long does it take to resolve?

4.1. Regarding court fees