Are you facing difficulties in preparing documents and the unilateral divorce file as required by the Court? Do you want to know how long a unilateral divorce takes? Readers can refer to the article “How to file for unilateral divorce?” below:

1. What is Unilateral Divorce?

Unilateral divorce is a case where only one spouse requests a divorce. The petitioner needs evidence to prove that the marriage has fallen into a serious state, common life cannot be prolonged, and the purpose of the marriage is not achieved. Common grounds include: Adultery; Domestic violence; Long-term separation…. Typically, a unilateral divorce case will involve disputes over one of the following issues: Marriage, child custody, alimony, property, and common debt. Therefore, the unilateral divorce file often requires many documents for the Court to have a basis for resolution. Parties in a unilateral divorce case often do not clearly understand legal regulations, leading to an inability to prepare a complete divorce file.

2. What documents are included in a unilateral divorce file?

Usually, a divorce file requires the following documents:

• Marriage Certificate.
• Citizen Identity Card (CCCD) of the husband/wife.
• Documents showing the current residence of the husband/wife.
• Birth certificate of common children (if any).
• Documents showing property ownership. Documents proving common debt obligations if requesting Court resolution. In practice, unilateral divorce occurs when one party disagrees or a dispute arises. Therefore, providing a complete file to request a unilateral divorce will be difficult. The lack of sufficient documents often stems from various causes such as:
• The spouse who does not want to divorce intentionally hides or keeps documents to obstruct.
• Documents are lost, misplaced, or old and torn.
• Information on documents is incorrect compared to reality. … The unilateral divorce file is an important document for the Court to have a basis for resolving the request. If you do not have the complete documents mentioned above, you can still file for a unilateral divorce. However, the preparation will be more complicated and time-consuming because documents must be collected. Do you want a unilateral divorce but lack the documents? You can contact the Divorce Consulting Lawyer – 034.540.6523 (Zalo) for guidance on completing the file.

3. How to resolve a divorce case without documents?

The divorce file includes the original marriage certificate; certified copies of identity cards and household registration of both spouses, birth certificates of children, and documents on common property and debts if requesting Court resolution. If documents are missing, one spouse needs to collect additional documents to supplement the file.

• Lost Marriage Certificate or Birth Certificate: Contact the Commune-level People’s Committee to perform procedures for requesting an extract to supplement the file.
• Identity and Residence Documents: Go to the local police where the spouse resides to request a Residence Information Confirmation. However, due to confidentiality, this depends on the local police. If you cannot collect this, you can submit a statement and ask for Court guidance.

4. How long does a unilateral divorce take?

To know how long it takes, each procedural step must be considered:

• After the petitioner submits the file: Within 03 working days, the Court assigns a judge. Within the next 05 working days, the judge decides to: Request supplements; Accept the case; Transfer it, or return the file.
• If accepted, the Court notifies the petitioner to pay the court fee advance. Within 07 days, the petitioner must pay and return the receipt. After receiving the receipt, the Judge resolves the case within 04 to 06 months from acceptance.
• The trial is opened within 01 to 02 months from the date of the trial decision.Total time: Usually about 05 to 08 months. In reality, it may take longer for complex cases or those involving foreign elements.

5. Can a unilateral divorce be done quickly?

The time depends on the following factors:

• Completeness of the file: If not clearly understood or documents are hidden/lost, the Court may refuse or request supplements multiple times, prolonging the time.
• Cooperation of the parties: If one party is absent or obstructs, the Court must verify, post notices, and reopen sessions.
• Requests of the petitioner: Cases involving child custody, property, foreign elements, mental illness, or missing persons take longer.
  To speed up the process, the petitioner should:
• Prepare a complete file, evidence, and documents for all requests.
• Submit a request to refuse mediation to shorten the procedure.
• Seek support from a lawyer or divorce specialist to prepare a complete file and minimize Court appearances. For a fast unilateral divorce (3-5 months), contact the Hotline: 034.540.6523 (Phone/Zalo) for FREE consultation.

6. How many times must you go to Court for a unilateral divorce?

Spouses usually need to go to Court about 05 to 07 times. This includes at least 03 times for filing, receiving fee notifications, and submitting receipts. Later, they must attend mediation and trial sessions. The frequency depends on file completeness and cooperation. Parties can authorize others to submit files and pay fees. Regarding mediation and trial, if an absence request is not approved, the party must attend. Otherwise, the Court may suspend the case.Luat Kim Bang supports divorce procedures with the minimum number of Court appearances. Contact the 24/7 hotline: 034.540.6523 (Phone/Zalo).

Lawyer services for consulting and supporting unilateral divorce:

Luat Kim Bang has a team of lawyers and specialists nationwide. You can refer to our services:

1. Consultancy on divorce regulations (Unilateral/Mutual consent): Free via Hotline 034.540.6523 (Zalo).
2. Consultancy on child custody and property disputes; or changing custody and dividing property after divorce: Fees as agreed.
3. Support for collecting files and drafting petitions according to Court forms: Fees from 500,000 VND.
4. Mutual consent divorce service, fast mutual consent divorce: Fees from 9,000,000 VND.
5. Unilateral divorce service, fast unilateral divorce: Fees from 12,000,000 VND.
6. Foreign-element/In-absentia divorce service: Fees as agreed.
7. Complaints and appeals against Court judgments/decisions: From 1,000,000 VND.
8. Extracting divorce judgments/decisions from the Court: From 3,000,000 VND.
9. Performing other services to resolve divorce quickly and ensure the legitimate interests of customers.