Is It Possible to Get a Divorce in Vietnam After Registering Marriage in the U.S.?

Jul 1

You and your partner got married in the U.S., but now want to divorce in Vietnam? You’re not alone — many overseas Vietnamese couples wonder if they can handle the divorce through Vietnamese courts instead of in the U.S. In this article, we’ll explore jurisdiction, required documents, procedures, and key considerations to help you make a decision that’s not only legally sound, but also efficient and cost-effective.

1. Do Vietnamese courts have jurisdiction if the marriage was registered in the U.S.?

Yes. According to the 2014 Law on Marriage and Family, divorces involving foreign elements (either mutual consent or contested) are handled by the provincial People’s Court where either spouse resides in Vietnam.

Even if the marriage was registered in the U.S., if you or your spouse is a Vietnamese citizen or currently residing in Vietnam, you are fully eligible to file for divorce in Vietnam.

2. What documents are required for a divorce in Vietnam?

a) Basic documents:

Original or certified copy of the marriage certificate, even if issued in the U.S.
Passport or Vietnamese ID card, proof of residence in Vietnam (form CT07).
Children’s birth certificates (if applicable).
If previously divorced in the U.S., you’ll need the U.S. divorce decree notarized, legalized, and translated.

b) For mutual consent divorce:

A written agreement regarding children, property, alimony, etc. A brief reconciliation meeting may be held shortly after submission.

c) For contested divorce:

You must provide evidence of conflict, such as domestic violence or failure to fulfill marital obligations. The court will hold a reconciliation session; if it fails, the case moves to trial.

3. Divorce process in Vietnam for marriages registered in the U.S.

Step 1: Prepare & submit documents
Submit the file to the provincial People’s Court where you (or your spouse) reside.

Mutual consent: jurisdiction may be at the provincial or district level, depending on agreement.
Contested divorce: file at the provincial court where the respondent resides.

Step 2: Court review

Mutual consent: 3 working days to check documents, issue fee notice, and accept the case.
Contested: 8 working days to officially accept the case.

Step 3: Reconciliation
Takes place in court, typically short. If successful, the case is dismissed. If not, the court proceeds to trial.

Step 4: Trial & Decision

Mutual consent: a divorce decree is issued right after the failed reconciliation session.
Contested divorce: takes about 4–6 months, including reconciliation and court hearings.

4. Key notes when choosing to divorce in Vietnam

Legalization & translation required
All U.S.-issued documents (marriage certificate, divorce decree, single status certificate, etc.) must be notarized → certified by the Secretary of State → legalized by the Vietnamese Consulate in the U.S. → translated and notarized in Vietnam.

U.S. divorce rulings are not automatically recognized in Vietnam
If you’ve divorced in the U.S. and want it recognized in Vietnam, you must submit a “Request for Recognition of Foreign Divorce” along with a complete dossier.

Length of stay in the U.S. doesn’t affect your rights
Filing for divorce in Vietnam does not depend on how long you stayed in the U.S., but rather on whether either party currently resides in Vietnam.

Costs & time

Court fees: in accordance with local regulations.
Legal service fees: may range from a few million VND to several tens of millions depending on complexity.

5. Frequently Asked Questions

Q: I divorced in the U.S. and want to remarry in Vietnam. Is that valid?
A: You must have the U.S. divorce decree officially recognized by a Vietnamese court before registering a new marriage in Vietnam.

Q: What if my spouse is in the U.S. and I’m in Vietnam?
A: You can proceed with the divorce without their physical presence if you have legal authorization, complete documents, and court approval.

Conclusion

Registering your marriage in the U.S. does not prevent you from filing for divorce in Vietnam, provided that you or your spouse reside in Vietnam. The process is clearly regulated, legally recognized, and convenient for those wanting to handle it in their home country.

Want peace of mind, time savings, and no legal missteps? Let DEDICA accompany you:

Advise on proper jurisdiction
Prepare documents, legalize, and translate
Represent you in court if you're absent
Assist in recognizing your U.S. divorce ruling
Support quick re-registration of marriage

Contact DEDICA Law Firm for expert legal consultation!

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Tam Nguyen