Divorce and Division of Assets

Filing for Divorce – How long does it take to be resolved?

Author
Hannah Huynh
Author
Helen Le

After many unsuccessful attempts at reconciliation, a couple decided to go their separate ways.  The decision can be consensual or unilateral, but both parties must obtain a written permission from a competent legal authority by filing for a divorce at court.  The insider’s question is: How long does it take to resolve a divorce?

How long does it take to resolve a divorce?

According to the provisions of the 2015 Civil Procedure Code, there will be 02 divorce cases: divorce by consent, or unilateral divorce

Depending on which case the divorce is occurring, the procedure will be different.  Thus, the divorce settlement time will also be different.

To determine whether your case is a divorce by consent or a unilateral divorce by mutual consent, you need to consider the following conditions:

  • Divorce by consent: Both husband and wife have agreed to divorce, on child custody, and child support after the divorce; on common assets and common liabilities.
  • Unilateral divorce: One party does not agree to divorce or both spouses agree to divorce but not agree on child custody, or child support, or common property, or common debt.

Time to settle a divorce by mutual consent

According to the 2015 Civil Procedure Code, a consensual divorce has the following time schedules:

  • 03 working days: After the spouses file an application for divorce at the Court, the Court will assign a Judge to handle the application.  Upon review, the Court may return, request amendments, supplements, or accept the application.
  • 05 working days: If it deems that the application is eligible for processing, the Court shall notify the applicant to pay the fee.  After paying the fee, the applicant must submit the receipt to the Court for the court to accept the application.
  • 03 working days: from the date of acceptance of the application, the Court notifies the litigants and the Procuracy of the same level about the application.
  • 01 month: This is the time for the Court to prepare for the divorce.  The court conducts things such as: Conciliation, requesting additional documents and evidence, soliciting assessment, valuing assets, issuing decisions to suspend the consideration of applications, opening a meeting to settle the divorce…
  • 15 days: This is the amount of time until the Court holds a meeting to settle civil status matters from when it issues the divorce decision.

Thus, the time to resolve the consensual divorce is about 02 – 03 months.

Time to settle a unilateral divorce

Unilateral divorce includes the following timelines:

Step 1: The applicant submits a unilateral divorce request to the competent court.

Step 2: After receiving the request, the Court will assign a judge to consider the request within 03 working days.  Afterward, within 05 days from the date of assignment, the Judge will issue one of the following decisions: Amend and supplement the request; Proceed to handle the case; Transfer the application to another competent entity and notify the applicant; Return the request.

The divorce applicant will receive a notice of payment of the court advance fee, pay the amount within 07 days and submit the receipt to the Court for  The court to accept the application.

Step 3: When the Court accepts the divorce application, within 04 months, the Court will prepare for trial to collect evidence, determine the status of the litigants, and mediate … During this time, the Court will issue one of the decisions: Recognizing the agreement of the involved parties, suspending the resolution of the case, terminating the resolution of the case, bringing the case to trial.  For complex cases or due to force majeure or objective obstacles, the trial preparation period can be extended to another maximum02 months.

Step 4: Within 01 month from the day on which the decision to bring the case to trial is issued, the Court must open a trial.  If the trial proceeds well with good and sufficient reasoning, the duration will be around 02 months.   Thus, a unilateral divorce case will take at least 06 months or much longer depending on the nature and complexity of each case.

How long does it take to get a decision divorce after going to court?

For various different reasons, the divorce settlement can last for a long time.

Along with that, the time mentioned above is counted from the date of acceptance of the case to the date of opening the court hearing or trial, but after the date of opening of the hearing or trial, the parties must wait for another 10 days to receive the divorce decision or judgment from the Court.

Thus, the time to receive a divorce decision or judgment will be equal to the divorce settlement time plus 10 more days.

Above are the answers about the time to carry out the divorce procedure.  When encountering problems, please contact us for more details: letran@familylawyers.vn

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