Is There a Way to Get a Quick Divorce in Vietnam When the Husband Is Uncooperative?
Are you feeling overwhelmed because you want a divorce in Vietnam but your husband refuses to sign the papers? Don’t worry—you still have the right to file for a unilateral divorce and resolve the marriage legally and efficiently.
1. Unilateral Divorce – The Only Option When the Husband Is Uncooperative in Vietnam
According to the 2014 Law on Marriage and Family (as amended), if one spouse does not agree to a divorce, the other spouse still has the right to file for a unilateral divorce at the competent court. This right applies even if the husband does not sign the mutual consent form.
The procedure is handled by the People’s Court at the district level where the defendant resides or works, or where the couple has joint property in Vietnam.
2. Documents Required for a Quick Divorce When the Husband Does Not Cooperate
2.1. Unilateral Divorce Petition
Use the correct legal template for the unilateral divorce petition.
Its purpose is to request the Court to terminate the marriage and divide any joint property, if applicable.
2.2. Personal Identification and Relevant Evidence
Original Marriage Certificate, your National ID or Citizen Identification Card.
Birth certificate(s) of joint child(ren), if any.
Relevant evidence: property delivery records, bank statements, text messages—documents proving the husband’s non-cooperation or refusal to comply.
2.3. Submit the Petition: In Person or by Post
If your husband won’t appear at the court, you can still submit the petition via post.
This helps expedite the process while maintaining legal validity.
3. How to Shorten the Divorce Timeline When the Husband Is Uncooperative
3.1. Prepare a Complete File – A Decisive Factor
The more complete the documentation and the clearer the evidence, the faster the court can process your case.
If there’s a child under 36 months, the court typically requires mediation before trial, so thorough preparation is essential to avoid delays.
3.2. Domestic Violence Cases – Prioritized for Urgent Handling
If you provide clear evidence of domestic violence, the court may treat the case as urgent.
This allows the process to be significantly expedited, leading to a quicker divorce.
3.3. If the Husband Cannot Be Contacted or Has Abandoned Residence
You may still file the petition at the court where the husband last resided or where the marriage was registered.
The court may summon him using the registered address. If he remains absent, the trial may still proceed as scheduled.
4. Steps in Handling a Unilateral Divorce Case
Step 1: Draft the petition and compile all required documents
Step 2: Submit the file to the district-level court in the appropriate jurisdiction
Step 3: The court accepts the case, notifies the husband, and organizes mediation if necessary
Step 4: If mediation fails, the court schedules a first-instance hearing
Step 5: After the ruling, the court issues a divorce judgment, divides property, and assigns child custody
Typical processing time is 6 to 12 months if no urgent factors are involved.
In cases with clear documentation, domestic violence, or no children under 36 months, the process can be shortened to 3–4 months or less with urgent handling by the court.
5. Key Notes for Filing a Unilateral Divorce in Vietnam
– Don’t Rush: Avoid Incomplete Submissions
Missing documents can lead to delays as the court requests supplementation.
Double-check before submission: correct petition format, valid ID, proof of property, and clear marital status.
– Submit to the Right Court
File at the district-level court where the husband resides or where the couple has joint assets.
Submitting to the wrong court can lead to rejection or redirection, wasting time.
– Consider Hiring a Lawyer or a Reputable Law Firm
Legal services can help you prepare a robust file, form a clear divorce strategy, and secure your rights.
In cases involving significant property or complex disputes, lawyers are essential to protect custody and ensure fair asset division.
Conclusion
You absolutely can get a quick divorce in Vietnam even if your husband is uncooperative—by pursuing a unilateral divorce. The key lies in preparing complete documentation, clear evidence, and filing with the correct court. In special cases like domestic violence or strong supporting evidence, the court may expedite the process.
At DEDICA Law Firm – We Are Ready to Support You
DEDICA’s team of experienced lawyers has successfully handled numerous unilateral divorce cases, especially when the other party was uncooperative. We assist with:
Accurate preparation of the divorce petition and documentation,
Identifying the competent court and filing properly,
Representing you during mediation and court proceedings,
Protecting your rights in asset division and child custody.
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)
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Reach out today for a free initial consultation with our team of professional lawyers!