filing for divorce in vietnam
The low divorce rate owes upto the society pressure, arranged marriages usually take place over months between two families and not individuals. If someone asks for divorce, they're usually shamed for going against the rules and parents. 2. Chile: 3 per cent. As seen in India, divorce is a subject that's frowned upon by Chileans. 3. Colombia: 9
Vietnam is a perfect choice for manufacturing - in close proximity to key component suppliers in Asia and along the key trade route between Asia and the West. But in 2015, she filed for divorce. The King came back and as revenge, the King ousted her from the company. After years of legal drama, the court ruled that the King would receive 60
Frankly, it is hard to confirm about this matter. There are some main reasons as follows: 1. Complex procedure for considering and settling a litigation case. Per Vietnamese law, there are 2 procedures that a case may undergo, including first-instance procedure and appellate trial procedure. In which:
Divorce is a difficult decision to make that can often have serious impacts on your personal life. Things can also be more complicated for you if you're not the one to file for divorce.. Therefore, deciding to file first or not should be given careful consideration. Here are some advantages and disadvantages to filing for […]
1. Services for Vietnamese in Singapore regarding Marriage and Family matters + Filing of Marriages + Interpretation of Marriages (Vietnamese language) + Translation of Legal Documents (Vietnamese language) (Birth certificates, Education certificates, Divorce documents, Marriage certificates, etc)
where the divorce complaint is filed. In Philadelphia, a divorce complaint is filed with the Clerk of Family Court at 1501 Arch Street, 11th Fl. Philadelphia, PA. What is the cost? The filing fee is $333.73. You may pay with a money order, credit card, or debit card. Personal checks and cash are not accepted. If you cannot pay the filing fee
Vay Tien Nhanh Home Credit. Regarding Divorce by mutual consent, the legal requirements on procedures are as followsThe conditions for divorce by mutual consentThe procedures to divorce by mutual consent These procedures require 5 stepsStep 1 Delivering an application to request to a competent court at a locality in which the spouses live or work to resolve the mutual consent divorce. This dossier includesStep 2 Paying court feeStep 3 Preparation for the consideration of the applicationStep 4 Holding a meeting for the consideration of the 5 Resolution procedures at appellate courtRegarding Divorce at the request of one of the 1 Lodge an application of initiation of a divorce case to a competent 2 Pay court fee 3 Preparation of divorce 4 Conducting a first instance 5 Resolution procedures at appellate court. According to the Law on marriage and family in vietnam as well as the law on civil proceedings, there are two ways of divorce Divorce by mutual consent or divorce at a request of one spouse. Each way requires different procedures Regarding Divorce by mutual consent, the legal requirements on procedures are as follows The conditions for divorce by mutual consent The spouses who wish to mutual consent divorce must satisfy the following conditions Both of them are really willing to divorce; They have totally agreed upon division of their joint properties; and They have totally agreed on taking care of, raising, looking after and educating their children on the basis of ensuring legitimate interests of the wife and the children. The procedures to divorce by mutual consent These procedures require 5 steps Step 1 Delivering an application to request to a competent court at a locality in which the spouses live or work to resolve the mutual consent divorce. This dossier includes An application for recognition of divorce by mutual consent, and agreements on raising children and distributing properties upon divorce as standard form. Both spouses must sign or fingerprint on this application; The marriage registration certificate original; Registration book certified copy; Identification card/passport certified copy; Birth certificate of children; and Other data and evidence proving the joint properties. Then, this dossier may be delivered either directly or by post to the court. Step 2 Paying court fee After receiving the dossier, within 3 business days, a judge will be assigned to resolve the dossier. If the judge considers that the dossier satisfies all conditions to accept jurisdiction, he or she will request the spouse applicant to pay the court fee for the acceptance of the settlement of this application. The period to pay the court fee is within 5 days from the date of request. Step 3 Preparation for the consideration of the application The Court has a period of one month to consider the application. During this time, the court must conduct a conciliation in order for the wife and the husband to reunify. If the conciliation is successful, the court will suspend the spouses request and the marriage relationship will be continuing. If not, the court will conduct other procedural steps to consider the application for divorce. Step 4 Holding a meeting for the consideration of the application. Within the duration as mentioned in step 3, the court may make a decision to hold a meeting for consideration of the application. Within 15 days after the date of the decision, the court must hold a meeting to consider as to whether the application for recognition of mutual consent divorce can be approved or not. Step 5 Resolution procedures at appellate court If any of the spouses appeals or the procuracy protests against the decision of the first instance court within the time – limit according to the applicable law, this matter may be solved at the appellate court. The decision of the appellate court is binding on both the wife and the husband, and will not be appealed or protested against. Maybe you’re interested in How to divorce in the fastest way in Vietnam 2020? How to divorce in the fastest way in Vietnam 2020? Regarding Divorce at the request of one of the spouses. The procedure for a divorce at the request of one of the spouses will be carried out as a procedure of civil cases. In fact, the procedure is very complicated, including many steps. The main steps of the procedure for a divorce case are as follows Step 1 Lodge an application of initiation of a divorce case to a competent court. The wife or the husband must lodge an application of initiation of a divorce to the competent court for the purpose of the examination. The application must be enclosed data and evidences which can prove that his or her request is legitimate. Normally, the enclosed data and evidences include Marriage certificate; Birth certificate of the spouse’s children; and The date and evidences relating to their joint properties. Step 2 Pay court fee deposit. If the judge being in charge of the divorce case considers that the application is legitimate, he/she shall request the applicant to pay court fee deposit before accepting the case. Step 3 Preparation of divorce case. The duration of preparation of the case will be from 4 to 6 months. During this period, the court may conduct many acts and made some decisions relating to the case resolution, such as preparing a case file, collecting data and evidences, conducting conciliation, temporarily suspending or suspending the case, bringing the case to a hearing… Step 4 Conducting a first instance hearing. If the court makes a decision to bring the case to a hearing during the preparation of a divorce case, it must carry out a first instance hearing. The time of the hearing will be mentioned in the decision. Step 5 Resolution procedures at appellate court. If any of the spouses appeals or the procuracy protests against the judgement of the first instance court within the time – limit according to the applicable law, the case may be solved at the appellate court. The decision of the appellate court is binding on both the wife and the husband, and will not be appealed or protested against. Maybe you’re interested in Procedure for unilateral divorce in Vietnam 2020 Procedure for unilateral divorce in Vietnam 2020 Phuoc & Associates is a leading legal consulting firm in Vietnam providing a comprehensive range of legal related services and solutions for international and domestic clients which are multinational corporations, domestic businesses and State owned enterprises in diverse industries in Vietnam. With many years of experience in the professional consulting field, Phuoc & Associates is acknowledged for its leading expertise in areas of Tax Consulting in Vietnam, Labour law consulting in Vietnam, Dispute resolution in Vietnam, Commercial Arbitration in Vietnam, Real Estate law in Vietnam, Banking and Finance in Vietnam, Intellectual Property consulting in Vietnam… With the in-depth understanding of Vietnamese regulations from international business perspective, the Firm builds on synergistic strength to deliver prompt and efficient services to its Clients. SummaryArticle NameWhat do divorce procedures require in Vietnam?DescriptionAccording to the Law on marriage and family in Vietnam as well as the law on civil proceedings, there are two ways of divorce Divorce by mutual consent or divorceAuthorDương Tiếng Thu Publisher NamePhuoc & Associates Publisher Logo
Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not. What is the condition of divorce? Firstly, we need to know about subjects being entitled to request divorce settlement. That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child. The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request. Conditions of divorce by mutual consent If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce. Divorce at one party’ s request If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other. Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws. For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence. First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad. Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody. How divorce lawyers in Vietnam could help? In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions. How ANT Lawyers Could Help? Please click here to learn more about ANT Lawyers Marriage and Family or contact our lawyers in Vietnam for advice via email ant or call our office at +84 28 730 86 529
LEGALIZATION OF DOCUMENTS FOR MARRIAGE REGISTRATION IN VIETNAM A non-Vietnamese citizen, seeking to get married to a Vietnamese national, may submit in person or by mail his/her file of required documents for marriage registration to the Embassy of Vietnam in Washington, DC, for the authentication/legalization of the papers before taking them to Vietnam for subsequent procedures. Documents to be authenticated at the Embassy I. A Regular Dossier Includes 1. Application for Marriage Registration in Vietnam , your photo, provide your information, sign your name. Leave blank the column of the other applicant in Vietnam. 2. Affidavit of Single Status 3. Certificate of No-marriage Records issued by the State or County Vital Statistics Office within the last six months certifying that no marriage license or marriage record of the applicant has been found from his/her mature age of marriage age of 18 for female or 20 for male or since his/her divorce up to now or since his/her spouse’ death up to now. 4. Certificate of Good Mental Health issued by an authorized medical organization confirming that the applicant has no mental illnesses, or has a mental problem but not to the extent of losing consciousness of his/her own actions. 5. Biographic Information Sheet 6. Photocopy of the photo and signature pages of the Passport certified that it is true and exact copy from the original 7. Power of Attorney NOTE a The above-mentioned documents No 1,2,4,5,6 must be certified by a Notary Public the document is regularly issued by the Registrar or Court Clerk and the signatures of the Notary Public or Registraror Court Clerk must be subsequently certified by the State Department or its Office of Authentication of the State where the applicant lives before they are sent to the Embassy for legalization. The Embassy can certify only the signatures of the State-level Secretary of State. II. Divorced and Widowed Applicants In addition to the 6 above-listed documents, - Divorcees are required to submit the Divorce Decree after it has been certified by a Notary Public or a Court Clerk, and the State-level Secretary of State. - Widows are to submit a true copy of the Death Certificate of the previous spouse after it has been certified by a Registrar or a Notary Public, and the State-level Secretary of State. III. Power of Attorney for Submission of Application The foreign party can, with a power of attorney entrust his/her fiancee to submit the application package. The power of attorney is required to be authenticated by the Embassy after it has been certified by 1 a Notary Public, and 2 the State-level Secretary of State attached list. Fees Please pay by Money Orders or Cashier’s Checks Certified Checks payable to the “Embassy of Vietnam”. Mail back A self-addressed postage-paid return envelope. For the safety of your documents, please use only one of the following mailing services which provide tracking numbers Federal Express FedEx, or USPS Express Mail. If you use FedEx, please make sure that you put your name, address, FedEx account and phone number in both sender’s and recipient’s boxes. Please do not use other mailing services. Applicants applying together may provide one envelope for visas to be returned to the same address. Processing Time • Regular processing requires 5 – 7 working days. • Rush service requires 2 – 3 working days after the date of receipt of the papers. For further information, please contact the Consular Section of the Embassy Opening hours 900 AM – 1200 PM or 0200 PM - 0430 PM Monday through Friday at the Embassy For further information Tel. 202 436-6889 or 202 615-4141 Fax 202 861 0917 Website Address 1233 20th Street, NW, Suite 400, Washington, DC 20036
Divorce between a Vietnamese and another Vietnamese is simple and less complicated. However, when a Vietnamese is divorcing a foreigner it becomes a very complex process. There are several documents to be provided and the court issues the final statement that determines whether the marriage will fall through or not. Before getting divorced to a foreigner as a Vietnamese, you must consider marriage status, property division, custody of children, and settlement of debts among others. In Vietnamese, there are two types of divorce and they are the consensual and the non-consensual divorce. The consensual divorce is usually the best approach because it doesn’t take a lot of time and couples do not have to file a petition at the court. To identify how divorce works between a Vietnamese and a foreigner, let us examine what Consensual and Unilateral divorce it and how to go about both. As a follow-up to a previous article and interview on Vietnam Insider, we wanted to provide some insights about the divorce between a foreigner and a Vietnamese person in Vietnam. Consensual Divorce A consensual divorce happens when both parties reach an agreement on major issues that affects the marriage. Here, they are expected to have agreed on who takes custody of children, how properties are to be shared, and debts settled. Both parties will then approach a competent court to make a pronouncement on their decision. Some important point to note with regards to consensual divorce in Vietnam include The Competence of the Court One of the major things to note when seeking consensual divorce is the competence of the court. This is very important because any pronouncement made by a court that is incompetent is null and void and can be challenged. The residing status of spouses and location of properties within or outside Vietnam are some of the factors that determine the competence of the court. A competent court to make divorce pronouncement in Vietnam could be a provincial-level or district-level court. Documents to Be Submitted To seek a divorce in Vietnam, spouses are to write a request letter. This letter contains the date of the request, name of the court where the divorce is sought, information of spouses, details, and reasons for the divorce. Since it is presumed that they have reached an agreement on important matters, couples are to provide documents that supports any of such agreement. Procedure of Divorce A consensual divorce in Vietnam takes between one – three months from the date the request letter made by spouses is received by the court. It takes this long because the judge that is in charge of the case is expected, by law, to take steps to mediate between couples. The judge is to make a final ruling only when all efforts at reuniting couples proves abortive. Where mediation succeeds, the judge immediately terminates the divorce. The judge will only approve the consensual divorce when The divorce is a voluntary decision of spouses The spouses have reached agreement about property division and custody of children. The legitimate rights of wife and children have been addressed. When a divorce pronouncement is made taking into consideration all of the above, it takes effect immediately and cannot be appealed. Pros and Cons of Consensual Divorce The god side to consensual divorce is that it helps spouses to save their time and money. Also, after the divorce, both parties can still maintain a relationship that works for their children. Non-consensual or Unilateral Divorce Unilateral divorce, unlike consensual divorce, takes a lot of time as it involves a lot of complex process. As a Vietnamese seeking to divorce a foreigner, there are some things you must note about non-consensual divorce and they include The Competence of the Court The competence of the court for unilateral divorce is similar to that of consensual divorce. The difference is that for divorce to be valid, the affected spouse is to file a petition to the court where the other party resides. There are, however, laws in Vietnam that gives the petitioner the freedom to choose a settlement court of their choice. Documents to Be Submitted To get a unilateral divorce, one of the spouse is to prepare a petition dossier that has its roots in the relevant divorce laws of the state where the application is made. Attached to this petition is a documents that shows why the court should intervene in the marriage and grant divorce. For easy application, the foreigner must provide a translation from their foreign language to Vietnamese. Procedure of Divorce After a petition dossier is filed before a court of competent jurisdiction, the court reviews the petition and notifies the petitioner of such receipt. A unilateral takes between nine to twelve months before the marriage is finally dissolved. Meetings are held to evaluate evidences that supports the claim of the petitioner. The court will also take steps to mediate between couples and ensure issues can be addressed through other means of dispute resolution. Where every step to reconcile couples fail, the court takes steps to finalize the divorce by settling The marital status of the spouses Property division and debt settlement Custody of children and other related issues The involvement of children remains the major reason why unilateral divorce are complicated as both parties want to retain custody of children. After divorce has been made, couples can appeal the decision within 15 days. However, there cannot be any appeal when the final decision have been reached been reached. Interview of a divorce lawyer in Vietnam Guillaume from Movetoasia invited Minh, lawyer in Vietnam, to learn more about some common personal matters that he is used to deal with This interview will give you the general picture about typical cases involving foreigners and vietnamese in Vietnam. If you want to learn more, you will find this article about law firms and lawyers in Vietnam and some legal notes on divorce procedure between foreigner and vietnamese. Hiring a Family Lawyer to Handle Unilateral Divorce Consensual divorce is simple and spouses may not need to hire a lawyer to finalize the process. However, where it is a unilateral divorce, the services of an experienced lawyer is needed to – Take facts from couples about the divorce and review documents Advise clients on the best legal steps to take per time Prepare petition dossiers, agreements, letters, and other documents to be submitted to the court Oversee the process of mediation with the other spouse Keep the petitioner updated on recent developments with the case. Finally, consensual divorce is the best approach, but not all divorce will be consensual. Where parties to a divorce find it difficult to agree on every term of the divorce, a unilateral divorce becomes inevitable. Regardless of the divorce type parties are seeking, it is important that they comply with all the statutory requirements. Related Guillaume Rondan CONTRIBUTOR Guillaume Rondan contact is an expat living in Vietnam for 6 years. He owns different businesses and is the founder of Movetoasia a community for investors, business leaders and foreign buyers who wish to invest, do business or do manufacturing from Vietnam. He helps them avoid pitfalls and take proven shortcuts to make the right decisions and thrive in the next 5-10 years.
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Resolving disputes for divorce in Vietnam involving foreign elements is one of the complicated procedures ? So, How many methods of resolving divorce dispute caused? How does the divorce process work? The following essay of GATE2V will clarify the problem for you. Divorce procedures for foreign in Vietnam Divorce procedures for foreigners in Vietnam may vary depending on several factors, including your nationality, marital status, and the specific circumstances of your case. However, I can provide you with a general overview of the divorce process for foreigners in Vietnam. Jurisdiction Determine the appropriate jurisdiction for your divorce. In general, you can file for divorce in Vietnam if one or both of the spouses reside in the country or if the marriage was registered in Vietnam. Grounds for Divorce Familiarize yourself with the grounds for divorce in Vietnam. The most common grounds include adultery, domestic violence, separation for a certain period, or irretrievable breakdown of the marriage. – Code of Civil Procedure of Vietnam 2015; – Law on Marriage and Family 2014. Documentation Gather the necessary documents for the divorce proceedings, which may include – Marriage certificate The original marriage certificate or a certified copy. – Proof of identity Passports or identification documents for both spouses. – Proof of residence Documents showing the current address of one or both spouses. Evidence of grounds for divorce Depending on the grounds for divorce, you may need to provide supporting evidence, such as photographs, witnesses’ statements, or medical reports. Mediation In some cases, the court may require mediation to attempt reconciliation before proceeding with the divorce. Mediation can be mandatory or voluntary, depending on the circumstances. Divorce Application File a divorce application with the appropriate court. The court will review the application and supporting documents. If everything is in order, they will schedule a hearing date. Divorce Hearing Attend the divorce hearing along with your lawyer. During the hearing, both spouses may present their arguments and evidence supporting their case. The court will make a decision based on the presented facts and applicable laws. Divorce Decree If the court grants the divorce, they will issue a divorce decree. This decree will outline the terms of the divorce, including child custody, visitation rights, division of assets, and spousal support if applicable. Registration Register the divorce decree with the local authorities, typically at the Department of Justice or People’s Committee in the city where the marriage was registered. It’s important to note that divorce procedures can be complex, and the specifics may vary depending on your individual circumstances. Therefore, it is strongly recommended to seek professional legal advice from an attorney experienced in family law in Vietnam. They will provide you with the most accurate and up-to-date information based on your situation. Resolving disputes for divorce in Vietnam When it comes to resolving disputes for a divorce in Vietnam, there are several methods available. The appropriate approach depends on the nature of the dispute and the willingness of the parties involved to cooperate. Here are some common methods for resolving disputes in divorce cases in Vietnam Negotiation This is an informal method where the parties and their respective lawyers attempt to reach an agreement on the terms of the divorce, such as child custody, visitation rights, division of assets, and spousal support. Negotiation allows for flexibility and can be less time-consuming and costly compared to other methods. Mediation Mediation involves the use of a neutral third party, known as a mediator, who facilitates communication and helps the parties find common ground. The mediator does not make decisions but assists in reaching a mutually acceptable agreement. Mediation can be particularly useful when there are disagreements but the parties are willing to work together to find a resolution. Collaborative divorce Collaborative divorce is a process where both parties and their respective lawyers commit to resolving the divorce outside of court. They engage in negotiations and work together to find mutually acceptable solutions. This method promotes cooperation and can be less adversarial than traditional litigation. Litigation If the parties are unable to reach a settlement through negotiation, mediation, or collaboration, they may resort to litigation. In this case, they present their case before a court, and a judge makes the final decision regarding the divorce terms. Litigation can be a more formal and adversarial process, and it often takes longer and may incur higher costs compared to alternative dispute resolution methods. It’s worth noting that divorce proceedings in Vietnam can vary based on the specific circumstances of each case and the court’s discretion. It’s advisable to consult with a family law attorney in Vietnam who can guide you through the available dispute resolution methods and help you choose the most suitable approach based on your situation. Gateway to Vietnam – The unit specializes in solving divorce issues related to foreign factors Solving Vietnamese divorce issues with foreign elements is one of the more complicated procedures. Therefore, when carrying out these procedures, the parties should pay attention to consider and understand the legal provisions to avoid problems with divorce procedures in Vietnam. Or the simplest way is that you should look to a law firm that specializes in handling these issues for assistance in drafting documents, filing, or even resolving disputes on post-divorce issues such as custody. children, common property, property division, allowance, …. will help you to do that. Contact us 84 916 545 618 We often consults and participates to settle some divorce cases with foreign factors such as Divorce between Vietnamese and foreigners while both are living in Vietnam In this case, the divorce proceedings would generally follow Vietnamese laws and regulations. The couple can file for divorce in Vietnam if one or both spouses reside in the country or if the marriage was registered in Vietnam. The divorce process would involve submitting the required documentation, attending hearings, and resolving disputes regarding child custody, asset division, and spousal support according to Vietnamese family law. Divorce between Vietnamese and foreigners while living and working abroad If both spouses are living and working abroad, the divorce proceedings may depend on the laws of the country where the divorce is being sought. The couple would need to consult with lawyers familiar with the laws of both their home countries and the country where they reside to understand the applicable jurisdiction and legal requirements. It may be necessary to meet specific residency requirements or file for divorce in the country where the marriage was registered. Divorce between foreigners residing or working in Vietnam In this scenario, the divorce proceedings could be conducted in Vietnam, depending on the circumstances. Besides, Layers of gate2v participated in drafting a number of applications related such as Divorce petition, A petition requesting the Court to recognize the consent for divorce, Agreements on division of common property during the marriage period, Agreement on division of common property upon divorce… We also provide legal advice on divorce, property division, caregiving, alimony and customer support in cases of determining father for a child, request the exercise of visitation rights, request for a change in child custody, a change in the level of support obligations.
filing for divorce in vietnam