Divorcing an Unfaithful Spouse in Vietnam

Understand divorce after infidelity in Vietnam, the role of lawful evidence, and why adultery does not automatically determine custody or asset division.

What Is Unilateral Divorce?

According to Article 56 of the Law on Marriage and Family 2014, unilateral divorce is the legal process through which one spouse can petition the court for a divorce without the consent of the other. This contrasts with a mutual or consensual divorce, where both parties agree to end the marriage and resolve related matters amicably.

To be granted a unilateral divorce, the petitioner must provide sufficient evidence that the marriage has seriously deteriorated and that the couple can no longer live together. One of the most common and accepted grounds for divorce in Vietnam is adultery.

Adultery and Divorce in Vietnam

Adultery or having an extramarital affair, is a serious violation of marital obligations under Vietnamese law. If proven, it may serve as a legitimate basis for filing a unilateral divorce.

Legal Implications of Adultery

• Infidelity can be considered serious misconduct that undermines the marital relationship.
• It may be used as evidence to demonstrate that the marriage has broken down beyond repair.
• In some cases, if adultery leads to conflict, abuse or neglect, it may also affect child custody and property division outcomes.

Required Evidence

To succeed in a unilateral divorce due to adultery, the petitioner should prepare:

• Messages, photos, or emails proving the affair;
• Witness statements;
• Hotel receipts or surveillance if applicable;
• Any evidence of emotional or financial harm caused by the affair.

Unilateral Divorce Process in Vietnam

If you are wondering about the unilateral divorce process in Vietnam, here is a breakdown of the legal steps involved:

Filing the Petition

Submit your divorce petition to the People Court where the respondent resides. The petition must include details of the marriage, the infidelity, and your request for divorce.

Court-Led Reconciliation

The court will arrange conciliation sessions as required by law. If reconciliation fails, the court will move forward with the trial.

Court Hearing

During the trial, the judge will assess: Whether adultery occurred; Whether the marriage can continue; Any relevant circumstances related to children and property.

Judgment

If the court finds the grounds valid, it will issue a divorce decree. It will also decide on: Child custody (favoring the child best interests); Property division (based on contributions and fairness); Spousal support or compensation if applicable.

Impact of Adultery on Property and Custody

Under Vietnam family law divorce rules, adultery does not automatically affect property rights, but it can influence court decisions if the affair led to the misuse of marital assets or abandonment of family responsibilities: Child Custody: If the cheating spouse neglects or harms the children, they are less likely to be granted custody; Property Division: If the affair involved using shared property to support the third party, the other spouse may request compensation.

How legal support can help

The unilateral divorce process, including filing the petition, court-led reconciliation, trial, and judgment. It highlights the importance of gathering strong evidence, such as messages or witness statements, and emphasizes the value of legal support.

• Advice on the right to request the Court to settle divorce;
• Advising on conciliation procedures at the grassroots level;
• Advise on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

>>> Read more: Unilateral divorce for foreigners in Vietnam

>>> Read more: Foreigners Filing for Unilateral Divorce