The full divorce service in Hai Phong is becoming more and more popular and is of interest to many people. Sometimes the reason for divorce lies in small conflicts in the family, such as education or child rearing. In fact, divorce cases are often resolved by couples living and working in big cities. Especially in a densely populated city like Hai Phong, the number of divorces is often higher than in other regions. Many people still do not know about the divorce procedure and do not know what the court has jurisdiction over. Viet My aims to inform customers and provide a full divorce service in Hai Phong with just one trial.

1. Divorce documents in Hai Phong

Drafting a divorce petition to submit to the court is the first step in the unilateral and consensual divorce procedure. Preparing the documents directly affects the court’s ability to accept and resolve the case. Many people are confused because the legal regulations on this issue are unclear, in many cases the court requires additional documents or does not accept the documents.

1.1 Consensual divorce documents

Consensual divorce documents according to the latest regulations include the following documents:

• Application for consensual division of property upon divorce, child custody, consensual divorce;
• Original marriage certificate
• Certified copy of the identity documents of both spouses (ID card, citizen identification card, valid passport).
• Certified copy or extract of the birth certificate of the common child.
• Notarized copy of household registration book
• Documents and evidence related to the common property and common debt of the couple (if any) approved by the court.
• Other documents and evidence as required by the law on consensual divorce.

1.2 Unilateral divorce records

The unilateral divorce records in Hai Phong include the following documents:

• Divorce application.
• Original marriage certificate
• Certified copies of the identity documents of both spouses (ID card, citizen identification card, valid passport).
• Certified copies or extracts of birth certificates of common children (if any).
• Documents and evidence proving the dispute over the custody of common children.
• Notarized copy of household registration book.
• Documents and evidence related to the common property of the spouses, common debts (if any) that the Court requires to resolve the dispute.
• Other documents and evidence according to the law on unilateral divorce.

The divorce records of foreigners in Hai Phong also include documents such as unilateral divorce or consensual divorce. However, there are some other regulations, such as:

• Divorce petitions written in a foreign language must be translated into Vietnamese before being sent to the Hai Phong City People’s Court to resolve the divorce.
• Marriage registration procedures are carried out at the Ministry of Justice or the People’s Committee of the district where the husband or wife resides.
• If other documents included in the above divorce papers are issued by a competent foreign authority, they must be consularly legalized.

2. Divorce procedures in Hai Phong

Divorce agreements must be carried out in accordance with the procedures and time limits prescribed by the 2015 Civil Procedure Code, amended and supplemented in 2019.

2.1 Mutual divorce procedures in Hai Phong

In the case of mutual divorce (also known as mutual divorce), the procedures for mutual divorce must follow these steps:

• Step 1: Draft a divorce petition including the above documents.
• Step 2: Submit the divorce application to the court.
• Step 3: Pay the advance divorce fee to the Enforcement Agency.
• Step 4: The court will hold a meeting to consider your mutual divorce application.
• Step 5: The court issues a decision

The mutual divorce decision takes effect immediately and the parties have no right to appeal. If during the mediation process the parties fail to reach an agreement on the divorce, the court will make a record of the unsuccessful mediation. The petition for divorce by mutual consent becomes a divorce proceeding. The court continues to resolve the civil case according to the general procedure.

2.2 Unilateral divorce procedures in Hai Phong

Unilateral divorce procedures in Hai Phong are conducted according to the process and procedures for resolving civil cases with the following specific steps:

• Step 1: Draft divorce documents including the above documents.
• Step 2: Request divorce at court
• Step 3: Pay advance divorce fees to the enforcement agency.
• Step 4: The court summons the parties to collect evidence, hold a conciliation session and consider the submission, access and disclosure of evidence.
• Step 5: The court opens a divorce trial.

The parties have the right to appeal within 15 days, the prosecutor has the right to protest within 30 days from the date the court announces the judgment. If the parties are absent from the trial, the appeal period is 15 days from the date of receiving the judgment, the judgment has been posted. During the above period, if there is an appeal or protest, the divorce case will be resolved by the higher court according to the appellate procedure.

2.3 Divorce procedures with foreign elements in Hai Phong

The consensual divorce procedure is a unilateral divorce with foreign elements that is more complicated than the normal divorce procedure.

Step 1: Draft a divorce petition and fill in the information in the divorce petition.

Step 2: Submit a divorce petition with foreign elements to the Hai Phong City People’s Court.

The person requesting the divorce can request a unilateral or consensual divorce in the following ways:

• You can submit it directly to the Hai Phong City People’s Court for settlement.
• Submit by post If the Hai Phong City Court has an electronic information portal, you can submit the application through that portal.

Step 3: Complete the procedure for paying the advance court fee to the enforcement agency.

Step 4: The court accepting the case invites the parties to testify and provide evidence.

Step 5: The court will hold a meeting to consider access, disclosure of evidence and adjudication.

Step 6: Open the first instance trial of the divorce case.

If the defendant abroad cannot be contacted, the Court shall issue a decision to temporarily suspend the divorce proceedings with the foreigner. The Court shall explain to the plaintiff the right to file a lawsuit with a competent court to determine whether the defendant is missing or dead in accordance with the law.

3. Viet My’s full divorce service in Hai Phong

In fact, Divorce settlement in Hai Phong, with many years of experience in the field of marriage and family. We have handled many divorce cases such as:

• Full divorce service by mutual consent in Hai Phong;
• Full unilateral divorce service in Hai Phong;
• Full divorce service with foreigners in Hai Phong;
• Divorce service with unknown residence address, divorce with missing persons;
• Divorce service with foreign elements, divorce with foreigners in Hai Phong.

Each case has certain differences in records, court jurisdiction and fixed divorce service costs. Please contact Viet My for assistance and advice.

4. Full divorce service procedure in Hai Phong

The full divorce service in Hai Phong is performed by Viet My as follows:

Step 1: Listen to the request for advice and share: Lawyers have a lot of experience in the field of psychology and family law, child custody and property disputes

Step 2: Sign a legal service contract, collect the initial service fee.

After fully consulting with the client, we will prepare a Legal Service Contract and sign it. To cover the service cost, we will collect a legal service fee

Step 3: Legal advice, including:

Advice on divorce procedures, obligations and rights of clients in the event of divorce at Viet My office or by phone. Based on the information provided by the client, we will advise the client on the most convenient and fastest procedures to carry out the divorce procedure.

• Choose the form of divorce: Divorce by mutual consent or unilateral divorce;
• Prepare evidence and supporting documents for filing a divorce lawsuit or terms of divorce by mutual consent;
• Divide assets and debts when divorcing or after divorce effectively, minimizing costs and quickly. Support procedures for agreement, sharing, administrative procedures, etc.
• Divide children, responsibility for raising and supporting after divorce.
• Determine the Court with jurisdiction to resolve unilateral and consensual divorce most effectively, saving time and costs.

Step 4: Prepare documents:

• Consult on documents, evidence;
• Draft a petition, evidence to be submitted with the petition to the court;

Step 5: Submit the application to the competent People’s Court:

• Representative to file the lawsuit
• Amend and supplement the lawsuit, evidence, and documents as requested by the court.

Step 6: Participate in the proceedings:

Lawyer submits the divorce settlement application with the client’s permission to the court. Perform the following tasks:

• Collect evidence and documents to resolve the divorce as requested by the court or to protect the actual rights of the client.
• Participate in working sessions, participate in court sessions to protect the rights of the client during the dispute settlement process.
• Consult and represent in resolving complaints and denunciations during the settlement process at court.

5. Reasons to choose Viet My’s full divorce service in Hai Phong

Using Viet My’s full divorce service in Hai Phong, you will be supported quickly. Viet My operates 24/7 to receive customer information promptly, without keeping customers waiting. With such a signal reception speed, the device will provide the most optimal solutions.

In addition, Viet My also provides accurate orientation, solves in a scientific and in-depth way, anticipates all problems and avoids unnecessary risks for customers. Implements the smartest, most cost-effective and effective law enforcement to protect customers.

Viet My provides services and consulting content on divorce procedures, including:

• Completing analysis and evaluation of unilateral and consensual divorce cases of customers;
• Lawyers advise on legal regulations on divorce procedures in Hai Phong (divorce with foreigners, unilateral divorce, consensual divorce);
• Consulting on the rights and obligations of clients in case of divorce;
• Consulting on issues related to common property in divorce;
• Lawyers advise on child custody when the parties cannot reach an agreement;
• Guiding passengers to collect necessary documents and evidence to resolve divorce cases;
• Participating in negotiations and mediation of divorce, division of common property of spouses, direct child custody, alimony;
• Supporting divorce procedures by mutual consent and unilaterally;
• Appointing a representative lawyer to support divorce settlement when there is a property dispute.

Above is our advice on the full divorce service in Hai Phong. Through this article, we hope to help you better understand this issue. For the most complete and accurate advice, please contact the online divorce consulting lawyer of VIET MY LAW AND ACCOUNTING for further advice on the problem you are facing.