WHAT ARE CONDITIONS FOR UNILATERAL DIVORCE?

Question: Dear Lawyer, because of some disputes, now my husband and I have been separated for a while, what should I do if I want to unilaterally divorce my husband?

Sincerely thank!

Answer: Hello! With your question, Gattaca Law would like to advise as follows:

According to Article 56 of Law on marriage and family 2014, a spouse can divorce at the request of one side:

“1. When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

2. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

3. For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other”.

Pursuant to the above provision, in case you want to unilaterally divorce your husband, you must provide grounds to prove that your husband has breached his husband's obligations (such as photos, videos of your husband committing adultery) or there is evidence that your husband regularly commits domestic violence against you when both of you live together to harm your health and spirit.

In case you have sufficient grounds under Article 56 of the Law on Marriage and Family 2014, you have the right to file a request for unilateral divorce to District – level People’s Courts the People's Court of locality where your husband resides to require settlement.