Viet My is a law firm specializing in legal consulting and dispute resolution in the fields of business, investment, civil, criminal, land, labor, marriage and family. Our divorce consulting lawyer service is used by many couples whose marriages are truly broken and want to quickly end their unhappy marriage to start a new page in their lives.

1.Divorce consulting lawyer service in Viet My

Vietnamese law guarantees the freedom to marry, including the right to marry and divorce. However, the freedom to divorce is not arbitrary; we must comply with the law to avoid abuse of this right by husband and wife, causing serious consequences for the family and society. On that basis, in order to ensure the interests of our customers, Viet My has provided divorce consulting lawyer services to help resolve difficult situations involving disputes over property and children during divorce. .

Viet My’s divorce consulting lawyer service will be a place where customers can absolutely trust and is a great choice when using divorce services because of the following factors:

• Forms of consultation: Receive advice and support directly at our office. Online consultation via email, Zalo. Free consultation hotline. Lawyers participate in negotiations, mediation, and court trials.
• We analyze our clients’ divorce issues comprehensively and come up with the most suitable and beneficial divorce plan for our clients.
• If the customer decides to divorce hastily, or has not yet reached the stage where the divorce needs to be resolved, helping spouses avoid making regretful mistakes.
• Advise clients to collect useful evidence in case of unilateral divorce.
• Resolve divorce disputes (joint custody disputes, direct child custody disputes, alimony, etc.) with the motto of putting customers’ interests first.
• We specialize in quickly resolving complex divorce cases, divorces with fierce disputes over property, child custody, divorces involving foreign parties and ensuring legal rights for customers.
• Consulting attorney fees are very low.
• Our services are highly appreciated by customers and recommended by family and friends. Consulting on unilateral divorce, resolving property disputes during divorce; Resolve property disputes after divorce, resolve child custody disputes;
• Divorce consulting for foreigners, for spouses residing abroad…

2. Legal basis for divorce consulting

In Vietnam, the courts are the only institutions that have the authority to make decisions on the termination of marriage between husband and wife.

Pursuant to Article 3 of the 2014 Law on Marriage and Family: Divorce is the termination of a relationship between a man and a woman due to a final judgment or decision of the court.

If the two parties really want a divorce and reach an agreement to resolve all issues related to the relationship between the two genders regarding the divorce, the court will recognize the consent of the parties in the form of a ruling.

If the spouse really wants a divorce but cannot agree on property, general pension, child support obligation or only one party requests a divorce, the court will make a judgment in the form of consent to divorce.

2.1 Lawyers advise on divorce based on the provisions of law on the right to request a divorce

Pursuant to Article 51 of the Law on Marriage and Family 2014: Either spouse or both have the right to file a request for divorce.

As a general rule, only men and women can file for divorce. No one has the right to file for divorce on behalf of a spouse. If the mentally ill spouse is also a victim of domestic violence committed by the spouse and the domestic violence has seriously affected the life, health, and mental health of the other spouse, then the other spouse has the right to apply to the court for divorce settlement.

When does the husband not have the right to ask for a divorce? The husband does not have the right to request a divorce if his wife is pregnant and has given birth to a child under 12 months old.

2.2 Lawyers advise on divorce based on legal regulations on grounds for divorce

In case of mutual consent, the litigant must present the legal basis for the divorce. Unilateral divorce must also be based on the grounds prescribed by law in Article 56 of the Law on Marriage and Family. These basics can be generalized as follows:

• If the husband or wife requests a divorce and goes to mediation in court, the divorce will not be successful if the following actions are taken.
• Domestic violence is an intentional act by one family member that harms or is likely to harm another family member economically, physically, or emotionally.
• A serious marital situation can be understood as husband and wife no longer caring for each other and no longer faithful. Such incidents have happened many times and have been pointed out by relatives.
• During the process of living together, especially when the male and female parties request a divorce, the couple’s cohabitation period cannot be extended depending on their feelings.
• The unattainable ends of marriage are: marriage does not bring happiness, husband and wife do not care for each other, do not respect the freedom of belief and religion of husband and wife, do not contribute to creating predestined. Other creative developments.
• In case of divorce by a person recognized by law, the court will grant the divorce if one spouse commits an act of domestic violence that seriously affects the life, health, and spirit of the other person.

2.3 Lawyers advise on divorce based on legal regulations on authority to resolve divorce

The authority to resolve divorce belongs to the people’s court. In some cases, it is also possible to define additional permissions by level or region.

• For uncontested divorce: The authority to resolve the divorce belongs to the district-level People’s Court where one party or both spouses reside.
• In case of unilateral divorce. The local People’s Court where the defendant resides has jurisdiction to resolve divorce.
• In case of divorce involving foreign elements (consent or unilateral): The Provincial People’s Court has jurisdiction.

2.4 Lawyers advise on divorce based on legal regulations on the time limit for divorce settlement

Time limit for resolving an uncontested divorce (civil) According to the provisions of Articles 363, 365 and 366 of the 2015 Civil Procedure Code, the time limit for resolving an uncontested divorce is about 02 to 03 months (including mediation period). In some cases, the divorce deadline is unilateral.

According to the provisions of Article 203 of the 2015 Civil Procedure Code, within 01 month from the date of the decision to bring the case to trial, the court must open a trial if there are reasonable grounds.

• Time limit for litigation preparation: 4 months from the date of acceptance, 6 months if the litigation is complicated or due to force majeure events or objective obstacles.
• The time limit for opening a trial is one month from the date of the decision to bring the case to trial. This time period may apply if there is a major reason which may take up to 2 months.

3. Content of divorce consulting lawyers in Viet My

At Viet My, we provide you with extremely diverse consulting content that you can refer to below:

3.1 Consulting on legal regulations on divorce

• Advise on the time limit and legal basis for divorce when either party requests.
• Advise on conditions where the father, mother or other relatives of the spouse have the right to apply to the Court to resolve the divorce.
• Instructions and preparation for unilateral divorce and uncontested divorce
• Consulting on the process of conducting divorce proceedings in court according to the provisions of the Civil Procedure Code.
• Advice on when to resolve disputes regarding divorce.
• Consulting and guidance on resolving property disputes after divorce, child support disputes, and child support levels for husband and wife.
• Review current laws and answer other divorce questions.

3.2 Unilateral divorce consulting

• Guide and advise clients on preparing documents for uncontested divorce.
• Divorce consulting unilaterally resolves disputes: disputes about marriage, children, property.
• Prepare application forms and related documents for customers.
• Protect your interests at all levels of the courts.
• We support customers in conducting unilateral divorce procedures until the court makes a decision on the divorce.

3.3 Consent to divorce

• Consulting on procedures for divorce, child support, and property division upon divorce.
• Consulting on procedures for applying for a written agreement to change the person directly raising the child after divorce.
• Consulting, assisting in drafting and drafting divorce applications, applications for recognition of mutual consent and related documents.
• Consulting and guiding documents and procedures for divorce in court according to the Civil Procedure Code.

3.4 Consulting on divorce with foreign elements

• We will advise you on the order and procedures for divorce with foreigners, documents to prepare,…
• Drafting an uncontested divorce petition or a unilateral divorce petition with foreign elements.
• Collect documents to prove and consularly legalize divorce documents.
• We handle divorce proceedings with foreign parties in court on behalf of our clients.
• Absent divorce support with extraneous factors.
• Consulting, directly resolving divorce, child custody, asset division according to foreign shares

3.5 Consulting on preparing documents and divorce procedures

• Drafting divorce petitions or employee divorce petitions
• Consulting and support in preparing court documents and related documents.
• Drafting self-reports, counterclaims, applications for temporary relief, applications for expertise and other documents during court proceedings.
• Answers to divorce fees and divorce mediation costs.
• Consulting on divorce procedures.
• Give legal opinions to protect your legitimate rights and interests.

3.6 Consulting on initiating lawsuits to resolve divorce cases

• Consulting on divorce procedures when there is a dispute between husband and wife, such as one-party divorce or both spouses agree to divorce.
• Consulting on determining which Court has jurisdiction to resolve the dispute.
• Consulting on determining the statute of limitations and other relevant terms in filing a divorce lawsuit.
• We will answer questions about court fees and payments before divorce mediation.
• Consulting on collecting evidence, making denunciations and proceedings before competent authorities

3.7 Consulting on initiating lawsuits to resolve property disputes during divorce

• Consulting and guidance on resolving common property disputes after divorce.
• Consulting on resolving disputes about dividing common property between husband and wife; land use rights, housing and other real estate attached to land.
• Consulting on resolving disputes regarding the division of separate property between husband and wife and common property put into production and business.
• Consulting on resolving disputes and financial obligations related to land use rights, housing and other real estate.
• Consulting on determining the debt repayment obligations of husband and wife to third parties during the marriage period: Individuals lend, repay bank debt, repay debt to other agencies and organizations (if any).
• Lawyers advise on whether a man and woman living together without marriage registration will be recognized as legally married.
• Draft lawsuits, prepare documents and lawsuits to request division of assets after marriage.
• Representing clients in court and coordinating with competent authorities to resolve local property disputes.
• Consulting and representing to protect legal rights and interests in marital property disputes.

3.8 Consulting on filing a lawsuit for child custody after divorce

• Consulting on solutions to resolve disputes regarding the right to raise, care for, and educate children after divorce to ensure the best interests of the children.
• Lawyers advise on child custody disputes after divorce
• Consulting on determining the level of support, choosing the appropriate method of support to protect the child’s rights, and resolving disputes about ensuring the rights and obligations of the supporter according to the law.
• Advise and present legal risks and disadvantages that couples may encounter when going to court to resolve disputes over property and child custody.
• Representing clients at court hearings related to custody or transfer of child custody

4. Method of divorce consulting lawyers in Viet My

There are three options for consultation:

a. Online divorce consultation via free divorce consultation hotline

Online divorce consulting service is very effective in helping customers save maximum costs. No matter where you are in Vietnam or in remote areas, please call our divorce consultation hotline.

We have the opportunity to meet experienced lawyers in the field of marriage and family.

For customers, the service is free because they only have to pay communication fees to the telecommunications network and do not have to pay consultation fees to lawyers. In addition, customers do not have to travel to save time and reduce transportation costs.

b. Lawyers provide direct divorce consultation

If you would like to meet and talk casually with a lawyer in person, you can make an appointment at the office. Because Viet My has more than 63 branches nationwide, this method is suitable for most customers nationwide. So you don’t have to worry when traveling long distances.

c. Lawyers advise on divorce in writing

This consulting method helps us understand the issue in the most systematic and thorough way, based on a full review of legal bases. The logical arguments of Betmy’s lawyers will be stamped on the company’s consulting documents. This method is suitable for customers who want to learn not only about themselves but also about other topics such as family, friends…

5. Frequently asked questions about divorce services

5.1 During the divorce process, will a husband living with another woman be punished?

If you are married or married and live with another person as husband or wife, according to the law, you may be fined for an administrative violation from 3,000,000 VND to 5,000,000 VND.

5.2 If the husband dies, does the wife have to go through divorce procedures before remarrying?

According to the provisions of the Law on Marriage and Family, marriage ends when one spouse dies. Therefore, when the husband dies and the marriage ends, the wife does not have to go through divorce procedures before remarrying.

5.3 Where do I apply for divorce from a foreigner according to regulations?

The district court where the divorcing person has residence in Vietnam has the authority to resolve the divorce if divorcing with a foreigner.

5.4 How to divorce a husband who is serving a prison sentence?

Before serving the prison sentence, the woman applied for divorce at the people’s court where her husband lived and worked. After the court approves the divorce petition, the court requests the local court where the husband is serving his prison sentence to negotiate with the husband and then proceed with the divorce procedure in absentia.

5.5 An infertile wife wants a divorce but her husband does not agree, can the court decide?

If there is a reason that shows that the marriage cannot continue and the purpose of marriage is not achieved, the Court will consider and decide on divorce according to the provisions of law.

Legal services related to divorce consulting and legal issues related to divorce are one of the legal fields in which we have extensive experience. We have a team of lawyers specializing in legal advice and legal services related to divorce procedures and divorce legal issues. With our experience and knowledge, VIET MY LAW AND ACCOUNTING commits to consulting and providing you with the most effective solutions. At the same time, we will take legal action and protect your legal rights and interests to the best of our ability.