I WANT divorce UNILATERAL AND CUSTODY FOR WHAT TO DO?

Question

I have the marriage certificate with my wife at my home address, but my wife's address in Tra Vinh, and I had a child 5 years old, but now my wife has an affair with her husband and other children, this I want to unilateral divorce and custody so what can I do?

Answer

In principle, the jurisdiction of the Court to settle a divorce case will be determined on the basis of territorial jurisdiction of the court for civil cases.

In this regard, paragraph 1 of Article 35 of the Civil Procedure Act 2004 determines jurisdiction to settle civil cases of the Court as follows:

"A) the court where the defendant resides, works, if the defendant is an individual or where the defendant is based, if the defendant is an agency or organization competent to resolve procedural disputes Instance civil, marriage and family, business, trade, labor provisions in Articles 25, 27, 29 and 31 of this Code;

So, if you want a divorce, the first he must submit to the court divorce in Tra Vinh where his wife currently live.

Second, the unilateral divorce and custody is requested pursuant to Article 91, Article 92 of the Law on Marriage and Family 2000 provides:

Article 91. Divorced at the request of a party

When a spouse require mediation in divorce court, the court failed to consider and resolve the divorce.

Article 92. The nursing, care, education, parenting after divorce

1. After the divorce, the husband and wife are still obliged to look after, care, education, parenting juvenile or adult disability, loss of civil act capacity, inability to work and no property to support themselves.

The child does not live with child support obligations.

2. Husband and wife agreed to direct the child, the rights and obligations of each party after divorce for children; if no agreement is reached, the Court shall communicate the decision to direct a party animal rights based on all aspects of children; if the full nine years or older, must consider the wishes of the child.

In principle, children under three years of age are directly adopted mother, unless the parties agree otherwise.

So to get a divorce and child custody in divorce application he must give the reasons for the divorce proper authentication of reality marital status of the couple and he had offered to be adopted con.Toa in court will sell single point and settled under civil proceedings.