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Finding a lawyer to support unilateral divorce services

Nowadays, in society, divorce is no longer an unfamiliar concept. Couples who live together but no longer have feelings for each other and want to end their marriage often seek divorce as a way to find happiness elsewhere. Recently, the term "unilateral divorce" has garnered significant attention and interest. In this article, Apolo Lawyers will provide useful information for clients to find appropriate legal services for the unilateral divorce process. If you need consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or call our hotline at (+84) 903 419 479 for the quickest advice.

1. What is unilateral divorce?

Unilateral divorce is a legal term commonly used in the context of divorce. When one party in a marriage (usually one of the spouses) decides to request a divorce without the consent of the other party, it is called a unilateral divorce.

In this case, the person requesting the divorce must file a petition with the court and prove that there is a valid reason to end the marriage, such as incompatibility, domestic violence, or other serious issues. The court will review the petition and decide whether to approve the divorce.

There are several situations where one party may request a unilateral divorce, including:

  • Serious conflicts: When the spouses cannot reconcile, frequently argue, or conflict.
  • Domestic violence: If one party experiences physical or mental abuse from the other.
  • Infidelity: When one party commits adultery and the other cannot accept it.
  • Separation: If the couple has been living separately for a long period without the possibility of reconciliation.
  • Financial difficulties: When one party is unable to meet financial obligations in the marriage.
  • Health issues: If one party has a serious health issue that affects the marriage.
  • Personality changes: If one party has undergone significant changes in personality or lifestyle, making it difficult to continue living together.

The person requesting the divorce needs to prove these reasons in court for approval.

According to the 2014 Marriage and Family Law, unilateral divorce is permitted in the following cases:

Article 56. Divorce at the request of one party

1. When either the husband or wife requests a divorce and mediation at the court is unsuccessful, the court will grant the divorce if there is evidence of domestic violence or serious violations of the rights and obligations of the husband or wife, causing the marriage to reach a critical point where cohabitation is impossible and the purpose of the marriage is no longer achievable.

2. In the case where the spouse of a person declared missing by the court requests a divorce, the court will grant the divorce.

3. In the case of a divorce request under Clause 2, Article 51 of this Law, the court will grant the divorce if there is evidence of domestic violence severely affecting the life, health, or mental state of the other party.

Finding a lawyer to support unilateral divorce services

2. How can a lawyer assist in a unilateral divorce?

There are many reasons why clients may choose to seek a skilled, experienced lawyer to assist with the unilateral divorce process, including the following:

Finding a lawyer to support unilateral divorce servicesFinding a lawyer to support unilateral divorce services

  • Extensive legal knowledge
    An experienced lawyer will understand the relevant legal provisions and procedures related to divorce. They will help you grasp your rights and obligations, thus protecting your legal interests throughout the divorce process.

  • Assistance in preparing documents
    The unilateral divorce procedure requires various documents and paperwork. A professional lawyer will help you prepare the necessary materials accurately and completely, minimizing the chance of rejection or delays in the processing.

  • Effective strategy consultation
    The lawyer will analyze your specific situation and provide suitable strategies to help you achieve your desired outcome. They may advise on negotiating terms related to assets, child custody, and other issues.

  • Representation in court
    If your divorce case goes to court, an experienced lawyer will represent you, protect your interests, and argue for your perspective. They will know how to present the case clearly and persuasively, increasing the chances of a favorable outcome.

  • Reducing stress
    The divorce process can cause much stress and pressure. A lawyer will be there to guide you, address any arising issues, and keep you calm throughout the process.

Unilateral divorce is not only a legal procedure but also a difficult transitional phase in life. A skilled and experienced lawyer will be a reliable companion to help you overcome challenges and protect your rights during this process.

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