Divorce in Vietnam, whether by mutual consent or unilaterally, often becomes prolonged due to both objective and subjective factors. This article reveals the reasons behind these delays, legal procedures, and effective solutions to increase the chances of a quicker outcome.
According to LuatVietnam, a unilateral divorce case can take 4–6 months, while a mutual consent divorce typically takes 2–3 months. If there are complicated disputes involving property or child custody, the duration may be even longer.
Clause 4, Article 85 of the Civil Procedure Code (2025) states that parties cannot authorize someone else to participate in the litigation process, only for tasks like submitting the application or paying court fees. If a party is absent, they must submit a request for trial in absentia. Some cases are required to go through court-mediated reconciliation, which also prolongs the process.
Approximately 70–80% of divorce cases result from differences in lifestyle, perspectives, and personal values. These issues often go unresolved, leading to multiple reconciliation sessions and delays.
Adultery is a major reason for marriage breakdowns and is also a legal basis for the court to approve unilateral divorce petitions.
Financial stress, income inequality, job instability, and bad habits like gambling and alcoholism often worsen marital conflicts.
Physical and emotional abuse is recognized by the court as a valid reason for unilateral divorce.
The law requires courts to organize reconciliation sessions before proceeding to trial. Repeated failed attempts extend the processing time.
If the divorce file lacks essential evidence (e.g., proof of domestic violence or joint property), the court will request additional documents, which takes about 7–15 days.
If one party is absent without submitting a request for trial in absentia, the court must postpone the hearing multiple times, which further delays the case.
Higher Costs: More expenses incurred from repeated court fee payments, travel, and legal services.
Mental Strain: Living in an unstable environment causes emotional stress and negatively affects children.
Increased Risk of New Disputes: As time drags on, new issues may arise related to property or custody.
Include a valid divorce petition (mutual or unilateral) with all necessary stamps.
Provide clear evidence of violence, infidelity, and property details.
Attach a formal request for trial in absentia if needed.
The law allows the case to skip the mediation center if both parties cannot reach an agreement, saving valuable time.
For unilateral divorce, present solid evidence such as videos, written statements, or domestic violence reports. Document failed reconciliation attempts.
If the other party is far away or unable to attend, submit the correct form for a trial in absentia to avoid multiple delays.
A specialized divorce lawyer can help prepare documents properly, file them with the correct court, and resolve disputes efficiently.
When there are no disputes over property or children and both parties agree:
The court handles the case faster, typically within 2–3 months.
Only basic procedures like fee payment and document verification are required.
Divorces in Vietnam are often prolonged due to complex documentation, disputes, reconciliation sessions, and absence of litigants. To minimize delays:
Prepare a complete file with clear evidence;
Skip unnecessary mediation procedures if both parties agree;
Understand and apply the rules for trial in absentia if needed;
Seek support from a professional lawyer.
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