Divorce And Infidelity Considerations

Summary

In Vietnam, infidelity can be a significant factor in divorce proceedings, potentially influencing asset division and spousal support. Its important to gather evidence of infidelity, such as communication records or witness testimonies, to strengthen your case. Consulting a local family law attorney can help you understand your rights and prepare for the divorce process. If your husband incurs debts, consider challenging their validity in court, especially if they seem manipulated to limit your share. Protect your property rights by verifying joint ownership and seeking legal measures to prevent unauthorized sales or transfers. If obtaining direct testimony is challenging, focus on gathering indirect evidence and documentation to support your claims.

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My husband want to divorce with me, we are both over *, he is the one who hold the economy of the household, we have * adults children, he have a illegitimate child outside, is it possible to use his infidelity to go against him to get more advantages because I think my husband want me and my children to get nothing. I live in Vietnam
In Vietnam, you can use your husband's infidelity as a factor in divorce proceedings. Here are some key points:
- Vietnamese law recognizes infidelity as a ground for divorce.
- You may be entitled to a fair share of the marital assets.
- Spousal support may be awarded based on financial dependency.
Have you already filed for divorce, or are you considering it?
I am considering it
In Vietnam, infidelity can be a significant factor in divorce proceedings. Since you're considering filing for divorce, here are some suggestions:
- Gather evidence of your husband’s infidelity.
- Consult a local family law attorney to understand your rights and prepare your case.
- Consider the financial records to ensure a fair distribution of assets.
Do you need guidance on how to find a family law attorney in Vietnam?
I did find one, I am going to consult them soon, what should I ask them
When consulting with your attorney, consider asking the following questions:
- How can I present the evidence of my husband’s infidelity effectively?
- What are my rights regarding the division of marital assets?
- Am I entitled to spousal support, and how can I secure it?
- How long might the divorce process take?
- What steps can I take to protect my financial interests during the divorce?
Good luck with your consultation!
Is it possible for my husband to fake a debt before divorce so I will be force to share it with him, he has a company
It is possible for your husband to attempt to fabricate a debt to influence the division of assets. Be vigilant and discuss these points with your attorney:
- Evidence of genuine debts: How to differentiate between legitimate and fabricated debts.
- Financial audits: Request a forensic accountant to review financial records.
- Legal protections: Steps to protect your financial interests.
Would you like more information on how to request a forensic audit?
Yes
In your case, requesting a forensic audit can be crucial. Here are steps you can discuss with your attorney:
- Forensic Accountant: Hire a forensic accountant to examine financial records.
- Documentation: Gather all financial documents, including bank statements, tax returns, and business records.
- Court Order: Ask your attorney about obtaining a court order for a financial audit.
Would you like more details on how forensic accountants work?
If the debt is not fake but like he purposely make it so me and my children cannot get anything, what should i do
If the debt is not fake but appears to be manipulated to limit your share, consider these steps:
- Document Analysis: Have a forensic accountant review financial documents for discrepancies.
- Legal Advice: Consult your attorney on challenging the debt's validity in court.
- Asset Protection: Discuss measures to protect your financial interests during the divorce.
Do you need more information on how to challenge manipulated debts in court?
We both have names on our current house, is it possible for him to do something so that I can't have my share of the house anymore
In Vietnam, both names on the house title generally mean that you both have rights to the property. Here are steps to ensure your share:
- Property Title: Ensure the title reflects joint ownership.
- Legal Protection: Consult your attorney to understand your property rights.
- Court Order: Consider obtaining a court order to prevent the sale or transfer of the house during the divorce.
Do you need more information on how to protect your share of the house legally?
Please more information
Here are more detailed steps to protect your share of the house:
- Property Title Verification: Ensure the title documents are correct and show joint ownership.
- Restraining Order: Ask your attorney about obtaining a restraining order to prevent any sale or transfer of the property during the divorce proceedings.
- Financial Audit: Continue with a forensic audit to reveal any hidden assets or debts related to the property.
- Court Petition: Your attorney can file a petition to secure your share of the house, ensuring your rights are protected until the divorce is finalized.
Would you like more details on any specific step?
If my husband purposely occur debt, will our house be count as property to use for the debt
If your husband purposely incurs debt, the house could potentially be used to satisfy those debts, especially if the debts are considered marital. Here are some key points to discuss with your attorney:
- Nature of Debt: Determine if the debt is classified as marital or personal.
- Property Protection: Explore legal measures to protect your share of the house.
- Debt Challenge: Challenge the validity and purpose of the debt in court.
Would you like more details on challenging the debt in court?
Yes please
Here are more details on challenging the debt in court:
- Evidence Collection: Gather documentation showing the nature and timing of the debt.
- Legal Argument: Your attorney can argue that the debt was incurred to defraud the division of assets.
- Witness Testimony: Use testimonies from financial experts to support your case.
Do you need more information on any specific aspect?
How to make testimony
When preparing to give testimony, consider the following steps:
- Preparation: Review all relevant documents and evidence thoroughly.
- Clarity: Speak clearly and stick to the facts.
- Honesty: Always tell the truth and avoid exaggeration.
- Relevance: Focus on information directly related to the case.
- Practice: Rehearse your testimony with your attorney.
Would you like tips on how to handle cross-examination?
What evidence should I collect
To strengthen your case, consider collecting the following evidence:
- Financial Documents: Bank statements, tax returns, and business records.
- Infidelity Proof: Photos, messages, or witness testimonies.
- Property Records: Title deeds and mortgage statements.
- Debt Records: Any documentation related to the debts incurred by your husband.
Would you like more specific information on gathering any of these types of evidence?
Since he have a illegitimate child same age as my youngest child, is the child existence considered as the proof of his infidelity
In Vietnam, the existence of an illegitimate child can be considered proof of infidelity. To strengthen your case:
- Obtain the child's birth certificate.
- Gather any documents or communications indicating your husband's relationship with the child's mother.
- Consider witness testimonies if applicable.
Would you like more details on how to use this evidence effectively in court?
How can i get the child birth certificate, the child is born in a different country and have lived in different country their whole live
To obtain the child's birth certificate from another country, you can:
- Contact the vital records office or civil registration office in the child's birth country.
- Provide necessary identification and relationship proof.
- Consult your attorney for specific requirements and assistance.
Would you like more information on contacting the relevant authorities?
How can I gather the communication, do screenshot of online chat work
Screenshots of online chat can be useful, but ensure they clearly show the context and participants involved. Also, consider these points:
- Save the entire chat history.
- Print the screenshots for physical records.
- Make sure timestamps are visible.
Do you need more details on what other types of communication evidence might be helpful?
Yes please
Here are additional types of communication evidence that could be helpful:
- Emails: Save and print any relevant emails.
- Phone Records: Obtain call logs showing communication between your husband and the child's mother.
- Social Media: Capture relevant social media interactions.
- Witness Statements: Gather statements from individuals who can testify about the relationship.
Do you need assistance on how to present this evidence in court?
If I only have the birth record, will it work
If you only have the birth record, it can still be useful as evidence of your husband's infidelity. However, additional supporting evidence will strengthen your case. Consider gathering more communication records, witness testimonies, and any other relevant documents.
Would you like more information on how to obtain and present such evidence?
Yes please
To effectively present evidence of infidelity, consider these steps:
- Obtain Communication Records: Secure screenshots, emails, and phone logs.
- Witness Testimonies: Gather statements from people aware of the affair.
- Financial Evidence: Show any financial support your husband provided to the illegitimate child.
Would you like tips on how to present these in court?
My husband often send money for the child through his friend, how can I gather the evidence then
To gather evidence of your husband sending money through his friend, consider these steps:
- Witness Testimony: Obtain statements from the friend or others aware of the transactions.
- Bank Records: Review bank statements for transfers to the friend.
- Communication Proof: Gather messages or emails discussing the money transfers.
Would you like more information on obtaining witness testimonies?
His friend will not testimony for me
If your husband's friend won't testify, here are some alternatives:
- Documentation: Gather any written communication, such as text messages or emails, discussing the money transfers.
- Bank Records: Look for any bank transactions or transfers to the friend that can be traced back to your husband.
- Indirect Witnesses: Find other individuals who might have knowledge of the financial support.
Would you like more details on how to subpoena bank records or other witnesses?