How Long Does a Unilateral Divorce Take in Vietnam?

A unilateral divorce also known as a contested divorce is when one spouse files for divorce without the consent of the other. Many individuals going through this process wonder “How long does a unilateral divorce take”. The duration depends on various factors, including legal procedures, court processing time and disputes over child custody or assets. In Vietnam, a unilateral divorce can take anywhere from a few months to over a year, depending on case complexity. Understanding the timeline and legal requirements can help you prepare for a smoother divorce process. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline (+84) 903 419 479 for the best advice and support.

1. What is a Unilateral Divorce?

A unilateral divorce also known as a contested divorce, occurs when one spouse files for divorce without the consent of the other. Under Vietnamese law, a unilateral divorce is permitted if one party can prove that the marriage has irretrievably broken down due to serious conflicts, domestic violence or other valid legal grounds as stipulated in the Law on Marriage and Family 2014.

How Long Does a Unilateral Divorce Take in Vietnam?

2. Legal Basis for Unilateral Divorce in Vietnam

According to Articles 51 and 56 of the Law on Marriage and Family 2014, a spouse has the right to request a unilateral divorce if:

• The marriage is no longer sustainable due to irreconcilable differences.
• One spouse is abusive, engages in harmful behaviors or violates marital obligations.
• One spouse has disappeared or has been absent for a prolonged period without contact.
• The couple has been separated for a significant period without any prospect of reconciliation.

3. How Long Does a Unilateral Divorce Take?

The time required for a unilateral divorce in Vietnam varies depending on several factors, including the complexity of the case, court procedures, and the cooperation of both parties. Generally, the process follows these stages:

Step 1: Filing the Petition

The petitioner submits a divorce petition to the competent People Court, along with required documents such as:

• Marriage certificate (original copy).
• Identification documents of both spouses (certified copies).
• Household registration book (certified copy).
• Birth certificates of children (if applicable).
• Evidence of marital conflicts (if necessary).

Step 2: Court Acceptance and Mediation

Upon receiving the petition, the court will review the case within 5-7 working days and notify the petitioner of its acceptance. The court will then conduct mediation sessions between the spouses, which usually take place within 4-6 weeks after acceptance.

Step 3: Court Hearings and Judgment

If mediation fails, the court will proceed to hearings. The duration depends on the complexity of the case:

• Simple cases (no property or child custody disputes): 2-4 months.
• Complicated cases (disputes over assets, child custody, or alimony): 6-12 months or longer.

Step 4: Appeal Process (If applicable)

If one party disagrees with the court judgment, they may file an appeal within 15 days from the date of the verdict. An appellate court will then re-evaluate the case, which may extend the divorce process by several more months.

4. Factors That May Delay the Process

Several factors can prolong the unilateral divorce process in Vietnam:

• The uncooperative attitude of the respondent (e.g., refusing to attend court sessions or submit required documents).
• Disputes over child custody, spousal support, or property division.
• The necessity of additional evidence or expert evaluations.
• Court backlog and administrative delaysHow Long Does a Unilateral Divorce Take in Vietnam?

5. Lawyers provides consulting services on unilateral divorce procedures

The duration of a unilateral divorce in Vietnam varies, but on average, it can take anywhere from 2 to 12 months or more, depending on the complexity of the case. To ensure a smoother process, hiring a professional divorce lawyer is highly recommended. If you need legal assistance, consulting with an experienced family law attorney can help you navigate the legal procedures efficiently.

To better understand the cases of unilateral divorces as well as divorce issues. You should find a reputable divorce lawyer to authorize a lawyer. Our company provides fast unilateral divorce services in Ho Chi Minh City such as:

• 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.

Hopefully, with the information we shared above, Apolo Lawyers has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for divorce procedures consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is a quite complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

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