I’m Living in the U.S.—Can I File for Divorce in Vietnam?

You’re living and working in the United States, but wondering if you can file for divorce in Vietnam even though you no longer reside there? The answer is yes, depending on your specific case and how you approach the legal and practical requirements in Vietnam.

1. Divorce Involving Foreign Elements – When Can You File in Vietnam?

According to Article 127 of the Law on Marriage and Family 2014 (amended), a divorce involving foreign elements occurs when:

• One spouse is a Vietnamese citizen currently residing abroad, or both spouses are abroad;

• Or one spouse is a foreign national, or the couple has joint assets abroad, or they were married under foreign law but now seek to divorce in Vietnam.

If you are a Vietnamese citizen currently living in the U.S. and your spouse resided in Vietnam before moving abroad, you can still file for divorce at a provincial-level People’s Court in Vietnam.

2. Which Court Has Jurisdiction and When Can You File in Vietnam?

2.1. Jurisdiction Under Current Law

According to the 2015 Civil Procedure Code:

• In cases involving foreign elements (such as one party living in the U.S.), jurisdiction belongs to the provincial-level People’s Court where either spouse last resided or worked in Vietnam.

• In certain exceptional cases (e.g., border region residence), the district-level court may have jurisdiction.

2.2. Applicable Conditions in Vietnam

• At least one spouse must have previously resided in Vietnam, or the couple must have joint assets located in Vietnam.

• If both parties have lived abroad for a long time and do not share a place of residence in Vietnam, the divorce may be handled according to the law of the shared country of residence. If such a place is not determinable, Vietnamese law will apply.

3. Required Documents and Procedures When Living in the U.S. but Filing in Vietnam

3.1. Minimum Required Documents

• A divorce petition (either mutual or unilateral, using the Court’s official form);

• Marriage certificate (if married abroad, it must be legalized and registered in Vietnam);

• Certified copies of both spouses’ national IDs or passports;

• Household registration book or proof of previous residence in Vietnam;

• Birth certificates of children (if any) and documents related to joint property (if disputed);

• Proof that you are currently in the U.S. and unable to return to Vietnam, such as a passport, visa, or U.S. residence documents.

3.2. Legalization and Translation Requirements

• If married abroad, your marriage certificate must be consular legalized and registered with the Civil Registry Office in Vietnam before filing for divorce.

• Any foreign documents used in the divorce process must be translated into Vietnamese and notarized; legalization may also be required.

3.3. Submitting the Documents

• Submit your documents to a provincial-level People’s Court with jurisdiction closest to where either spouse last resided in Vietnam (e.g., Hanoi, Ho Chi Minh City).

• Submission can be made in person, via postal mail, or through a lawyer authorized in Vietnam.

4. Divorce Process in Vietnam When One Spouse Lives Abroad

• The Court will review your file within 7–15 days. If accepted, they will issue a notice requiring payment of court fees (VND 300,000 for cases without asset disputes; otherwise, fees depend on asset value).

• After receiving payment, the Court proceeds with formal procedures.

• Mediation will be organized. If the parties reach agreement, the court will issue a decision. If not, a trial will be scheduled.

• If your spouse is abroad, you may request in-absentia proceedings with proper justification and legal representation through power of attorney.

5. Timeline and Costs for Divorce from the U.S.

• Mutual divorce: about 3–4 months if all documents are complete and mediation succeeds.

• Unilateral divorce: 4–6 months at the trial stage; appeals may extend the process by another 3–4 months.

• If judicial entrustment through the Vietnamese embassy or diplomatic channels is required, the entire process may take 12–24 months, as per civil procedural regulations for international service of legal documents.

6. Important Notes for Filing for Divorce in Vietnam While Living Abroad

• Ensure complete and accurate documentation: Errors may result in file rejection and delays.

• Determine the correct court with jurisdiction: Filing at the wrong court may lead to refusal or file transfer.

• Legal representation in Vietnam is recommended: Lawyers can help with notarization, consular legalization, and managing the entire process.

• Confirm your marriage’s legal status in Vietnam: If married abroad (e.g., in the U.S.), you must register the marriage with the Vietnamese Department of Justice before filing for divorce.

• Vietnamese divorce rulings may be recognized in the U.S.: Although the U.S. lacks a nationwide agreement to recognize foreign divorces, individual states may recognize the decision if both parties were properly notified and due process was followed under international law.

Conclusion

You can absolutely file for divorce in Vietnam while living in the U.S.—especially if you are a Vietnamese citizen who once resided in Vietnam, owns property there, or registered your marriage there. The key is to prepare complete documents, legalize any foreign materials properly, and submit your case to the appropriate provincial court. The process may take 3–6 months for mutual divorces, or 4–6 months for unilateral cases—possibly longer if international procedures are involved.

Contact DEDICA Law Firm for expert legal consultation!

📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)

🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)

🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)

Reach out today for a free initial consultation with our team of professional lawyers!