Which court to settle divorce?

My husband and I were born and raised in Nghe An and registered our marriage in Nghe An province, but now we live and work in Hai Duong . So can I get a divorce in Hai Duong province or do I have to go back to Nghe An?

Answer : Article 35 of the 2015 Civil Procedure Code stipulates that district-level people's courts have the authority to resolve at first instance civil, marriage and family disputes stipulated in Articles 26 and 28 of this Code, except for disputes stipulated in Clause 7, Article 26 of this Code. Thus, the authority to resolve divorce cases belongs to district-level people's courts.

On the other hand, based on Article 39 of the 2015 Civil Procedure Code on the jurisdiction of the court according to specific territory as follows:

- The court where the defendant resides or works, if the defendant is an individual, or where the defendant has its headquarters, if the defendant is an agency or organization, has the authority to resolve at first instance civil, marriage and family, business, commercial, and labor disputes as prescribed in Articles 26, 28, 30 and 32 of this Code.

- The parties have the right to agree with each other in writing to request the court at the place of residence or work of the plaintiff, if the plaintiff is an individual, or at the place of headquarters of the plaintiff, if the plaintiff is an agency or organization, to resolve civil, marriage and family, business, commercial, and labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code.

- If the subject of the dispute is real estate, only the court where the real estate is located has jurisdiction to resolve it.

Based on the provisions of the law, in your case, it is completely possible to reach an agreement in writing to request the court where you reside or work to resolve the case. In other words, in this case, you can get a divorce in Hai Duong without having to return to Nghe An .

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