Legal advice

Where to file for divorce when not yet moved to husband's house?

According to Vietnamnet October 12, 2023 06:57

My husband and I have been separated for 6 years but have not yet divorced. I have not yet registered my household with my husband in another province. So should I get divorced in my province or in my husband's hometown?

Consulting lawyer:

Regarding the issue of jurisdiction in divorce, according to the 2015 Civil Procedure Code, it is stipulated as follows:

The People's Courts of districts, towns, and provincial cities (hereinafter referred to as the District People's Courts) have the authority to resolve at first instance civil, marriage and family disputes as prescribed in Articles 26 and 28 of this Code:

"Article 39. Territorial jurisdiction of the Court

1. The territorial jurisdiction of the Court to resolve civil cases is determined as follows:

a) The court where the defendant resides or works, if the defendant is an individual, or where the defendant has its headquarters, if the defendant is an agency or organization, has the authority to resolve at first instance civil, marriage and family, business, commercial, and labor disputes specified in Articles 26, 28, 30 and 32 of this Code;

b) The parties have the right to agree with each other in writing to request the Court at the place of residence or work of the plaintiff, if the plaintiff is an individual, or at the place of headquarters of the plaintiff, if the plaintiff is an agency or organization, to resolve civil, marriage and family, business, commercial, and labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

c) If the subject of the dispute is real estate, only the Court where the real estate is located has jurisdiction to resolve it.

2. The territorial jurisdiction of the Court to resolve civil matters is determined as follows:...

h) The court where one of the parties to a consensual divorce, agreement on child custody, or division of property upon divorce resides or works has the authority to resolve requests for recognition of a consensual divorce, agreement on child custody, or division of property upon divorce;..."

To determine the territory of the People's Court with jurisdiction to file an application, there are two cases:

In case of a consensual divorce, you have the right to agree to choose the court to resolve the case (the court where the husband or wife is residing or the court where the husband/wife is living). If you cannot reach an agreement, you can file a consensual petition at the place where your husband resides.
If you divorce unilaterally according to the 2015 Civil Procedure Code, you must file for divorce at the place where the defendant has permanent residence or the last place where the defendant resided within the last 6 months. So, in this case, you will file in your husband's hometown.

According to Vietnamnet
(0) Comments
Latest News
Where to file for divorce when not yet moved to husband's house?