Is your spouse living abroad but you wish to finalize your divorce quickly in Vietnam? Divorce cases involving foreign elements are often complicated and easily delayed due to incomplete documents or difficulties in serving papers. Don’t worry — based on real legal experiences, this guide will show you how to expedite the process and minimize waiting time.

1. Before Filing – Prepare Documents Properly and Sufficiently

1.1. Determine the Proper Jurisdiction – Provincial-Level Court

According to the 2015 Civil Procedure Code of Vietnam, divorce cases involving foreign elements fall under the jurisdiction of the provincial-level People’s Court where the respondent (living abroad) resided. If their residence in Vietnam is unclear, the case can be filed in the locality of the petitioner, provided the petitioner is a Vietnamese citizen and resides in Vietnam.

1.2. Required Legal Documents:

Divorce petition (mutual consent or unilateral – depending on the case).
Marriage certificate: original or notarized copy. If registered abroad, it must be legalized and registered in Vietnam before filing.
Passports/ID cards of both parties (the overseas party must submit legalized copies).
Birth certificate(s) of the child(ren), if there are custody disputes.
Proof of residence or absence: if the spouse abroad has no Vietnamese address, provide confirmation from immigration or local authorities regarding their departure and current foreign residence.
For property or custody disputes: include supporting documents proving ownership or financial claims.

Tips to speed things up:

Legalize and register the marriage certificate early to avoid document-related delays.
Prepare residence confirmation documents as early as possible if the overseas address is unclear.

2. Choose the Right Type of Divorce – Mutual Consent or Unilateral

2.1. Mutual Consent Divorce

If both parties agree to divorce and can settle custody and asset division, mutual consent is recommended.

Procedure:

Submit documents (via post or by authorized representative in Vietnam).
The court will accept the case within 3 working days (4 days by law, but often quicker).
Hearing occurs within 15 days of acceptance; if one party is absent, mediation is usually waived.
The court issues a divorce decision. Total duration: 1–3 months if all documents are in order and no disputes exist.

2.2. Unilateral Divorce

If one party is absent or uncooperative:

The spouse residing in Vietnam may file unilaterally.
Add documents confirming the other party’s absence and current residence.
The process takes longer: usually 4–6 months, possibly 8–12 months if judicial entrustment is needed.

3. Key Tips to Expedite the Process

3.1. Hire a Lawyer Experienced in Foreign-Element Cases

Legal assistance with document preparation, notarization, and legalization.
Full court representation, avoiding errors.
Timely responses to court requests and participation in hearings as needed.

3.2. Authorize Someone to Submit Documents

Instead of waiting for your spouse to return to Vietnam, you can authorize a lawyer or legal relative to submit and track the case in court.

3.3. Clear Communication with the Court

Attach a checklist with your documents to avoid missing items.
Request receipt and court schedule immediately after filing.
Regularly follow up on case status to avoid neglect or misplacement.

4. Common Obstacles – and How to Overcome Them

Delayed legalization and stamps from abroad: Send urgent requests first, complete later. A lawyer can help follow up.

Legal loopholes in consular legalization: Submit notarized Vietnamese translations and attach a diplomatic note from the Vietnamese Consulate.

One party avoids contact: Prepare unilateral divorce documents and absence confirmations to proceed if mediation fails.

Judicial entrustment required: Include necessary costs and coordinate with your lawyer to manage the process efficiently.

5. Ideal Timeline Summary

Prepare complete and compliant documentation.
File early (by post or via proxy).
Hire an expert lawyer in international divorce.
Track the process closely (acceptance – hearing).
Provide timely supplements when requested by the court.
Expect divorce decision within:
- Mutual consent: 1–3 months
- Unilateral: 4–8 months (under 6 months with proper legal assistance)

6. Quick FAQs

– Can I divorce abroad and register it in Vietnam?
Yes. If divorced abroad, you can request recognition of the decision at the Department of Justice in Vietnam.

– Can a lawyer fully represent me?
For procedure: yes. But for mediation hearings (mutual consent), at least one party must attend.

– How much does a fast divorce typically cost?
Depends on the case:

Mutual consent: around 10–15 million VND.
Unilateral: 15–25 million VND, higher if judicial entrustment or property disputes are involved.

7. Final Thoughts & Recommendation

Expediting a divorce in Vietnam when your spouse is abroad depends on proper preparation, proactive coordination, and selecting the right approach (preferably mutual consent). A lawyer with international case experience is key — they help ensure document accuracy, represent you in court, and can reduce a 12-month process down to 1–3 months.

If you're in a similar situation, don’t let paperwork errors or delays prolong the process. Reach out to a reputable law firm for help with document preparation, legalization, and full representation — and soon, your divorce will be finalized without repeated trips back or bureaucratic headaches.

Contact DEDICA Law Firm for expert legal consultation!

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How to Expedite Divorce Proceedings in Vietnam When a Spouse is Living Abroad?