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How many times do you need to go to court for a unilateral divorce?

Divorce 04/11/2023

One of the problems that hinders when conducting unilateral divorce procedures is the long time, having to conciliate at many levels and many other reasons that can cause deadlock such as the defendant not cooperating to resolve the matter...

One of the problems that hinders when conducting unilateral divorce procedures is the long time, having to conciliate at many levels and many other reasons that can cause deadlock such as the defendant not cooperating to resolve the matter...

In divorce cases, the issue that the parties involved are most concerned about is how many times they have to go directly to court or how many times there is mediation. The presence of the parties in court will directly affect the rights of the parties, so this is an issue of great concern to the litigants. On this issue, the law has specific regulations to guide.

1. The divorce was unilaterally reconciled several times

To carry out the divorce process, mediation must be conducted at the Court, however, the mediation process at the Court for unilateral divorce is not a mandatory process for the participating parties.

According to civil procedure law, there is no regulation on the number of conciliation sessions. The unlimited number of conciliation sessions gives the court flexibility to organize mediation sessions to suit the different nature of the case. each case. Normally there will be at most 3 times of conciliation before the Court brings the case to trial, except in some cases where conciliation cannot be conducted as prescribed in Article 207 of the 2015 Civil Procedure Code, specifically:

  • The defendant or person with related rights and obligations has been duly summoned by the Court for the second time but is still intentionally absent;

  • The litigant cannot participate in conciliation for a legitimate reason;

  • The litigant who is the spouse in the divorce case is the person who has lost civil act capacity;

  • One of the parties requested not to proceed with mediation.

When one party requests not to proceed with mediation, the procedure can be skipped. At that time, the Court will make a record of non-conciliation.

However, at the mediation session at the Court, if the parties can reconcile with each other and agree to withdraw the divorce petition, the Court will issue a decision to stop resolving the case.

If the parties cannot agree on one or all issues, the Court will make a record of unsuccessful conciliation and decide to bring the case to trial. Within 01 month from the date of the decision to bring the case to trial, the Court must open a trial.

After hearing the case, the court will issue a judgment to resolve the case. After 15 days from the date of pronouncement of judgment, if the judgment is not appealed or protested, the judgment will take effect.

The parties should also note that, in addition to having to participate in mediation sessions, previously the parties were also summoned to court to take statements and participate in the first instance trial of the case once. However, if one party is absent, there is a force majeure event, there is a request to change the composition of the Trial Panel... The trial may be postponed according to regulations.

How many times do you need to go to court for a unilateral divorce?

2. Service to quickly carry out unilateral divorce procedures

The time for unilateral resolution according to the law is no more than 6 months, but in reality it can be longer and even up to several years if there is a complicated property dispute.

However, this is the time prescribed by law, but in reality the time will last much longer, usually several months and possibly several years if the case is complicated, with many property disputes. about child custody.

If you want a quick resolution, please contact Apolo Lawyers, we will send a lawyer specializing in marriage to advise, support and protect you throughout the process of resolving the case. For uncontested divorce, we can resolve it within 1-20 days, you only need to go to court once. If the divorce is unilateral, the time is 1-3 months.

How many times do you need to go to court for a unilateral divorce?

3. Apolo Lawyers provides consulting services on unilateral divorce procedures

To better understand cases where unilateral divorce is not allowed as well as divorce issues. You should go to a reputable divorce lawyer company to authorize a lawyer. Our company provides quick unilateral divorce services in Ho Chi Minh City such as:

  • Advice on the right to request the Court to resolve a divorce;

  • Consulting on conciliation procedures at the grassroots level;

  • Consulting on divorce procedures;

  • Consulting on mediation procedures at Court;

  • Consulting on grounds for Divorce;

  • Consulting on regulations on divorce by mutual consent and divorce at the request of one party;

  • Consulting on property division principles upon divorce and property division procedures;

  • Consulting on divorce settlement procedures at Court.

Hopefully with the information we shared above, Apolo Lawyers has helped you better understand the cases where unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the person requesting the divorce can carry out the divorce procedure themselves or ask for a divorce consulting service. When you come to the divorce procedure consulting service at Apolo Lawyers Law Firm, with a team of knowledgeable legal consultants who regularly guide and prepare divorce documents.

The issue of divorce is quite complicated. If after reading the article you still need help answering your questions, please contact Apolo Lawyers divorce hotline! Contact us directly via hotline: 0979.48.98.79, Zalo, Viber, Email: contact@apolo.com.vn so we can advise and provide direct support to help you solve problems quickly, with less travel and savings. save costs for you.

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