It has been 4 years since my husband and I got married. Recently, we have contradicted each other. He has refused to work to earn money. Besides, he has beaten me. I can not stand it, so I want to divorce him but I don’t know where to apply for the divorce. I came back to live with my mother in H city, A province. My husband lives in B district, C province. We have not entered the Household book yet. Now, please give me an advice.

FDVN’s opinion:

Sincerely thank you for concerning our legal consulting service. We are glad to give you our advice on your question.

According to Article 56 of the Law on Marriage and Family 2014: “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.”

Therefore, in your case, you have the right to request the Court for a divorce. To sue, you must compose an application for initiating lawsuits and prepare other accompanying documents, such as the identity card, the household book, the marriage certificate, the child's birth certificate (if there are agreements on child custody), the evidence to prove common property,…

You said your husband lives in B district, C province and you are staying with your mother in H city, A province. Regarding the place to apply the divorce application, it is stipulated in Clause 1, Article 35 of the Civil Procedure Code 2015 that the divorce case falls under the jurisdiction of the People’s Courts of districts and under Article 39 of the Civil Procedure Code 2015 stipulating the territorial jurisdiction of Courts as follows:

 “Article 39. Territorial jurisdiction of courts

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

c) Disputes over real estates must be settled by Courts where such real estates are located.”

According to this provision, the People’s Courts of the district of the locality where your husband resides shall have the jurisdiction to resolve. Particularly, you submit the applications in the People’s Courts of  B districts, C province.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Expert: Nguyen Thi Hai Nhi

FDVN Law Firm

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