How to Proceed If One Spouse Refuses a Unilateral Divorce in Vietnam?

Divorce is never easy specially when one spouse refuses to cooperate. Under Vietnamese law, a unilateral divorce allows one party to legally end the marriage without mutual consent. But what happens if the other spouse does not agree to the divorce or refuses to participate in the process? This article explores how the Vietnamese legal system handles such situations, the rights of the filing party, and the steps to take when facing resistance from your spouse. 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, as defined in Article 56 of the Law on Marriage and Family 2014, is a legal procedure where one spouse files for divorce without the other agreement. It is often initiated when reconciliation is no longer possible due to serious conflicts, abuse, neglect, or irreparable breakdown in the relationship.

This is different from a mutual divorce, where both parties agree to terminate the marriage and resolve issues like property division and child custody together.

How to Proceed If One Spouse Refuses a Unilateral Divorce in Vietnam?

2. Can a Divorce Still Be Granted Without Spousal Consent?

Under Vietnamese law, a divorce can still be granted even if one spouse does not consent. This is known as a unilateral divorce, which allows one party to legally end the marriage without mutual agreement. The court does not require both spouses to agree to the divorce; instead, it focuses on whether the marriage has irretrievably broken down. If the filing spouse can provide sufficient evidence of serious conflict, abuse, neglect, or inability to live together, the court may approve the divorce regardless of the other party refusal to participate or cooperate.

3. What If the Spouse Does Not Cooperate?

There are several scenarios in which a spouse may resist a unilateral divorce:

3.1. Refuses to Attend Court Sessions

If the other spouse ignores court summons or avoids the proceedings intentionally, the court may still continue the trial in their absence after following proper legal procedures.

3.2. Denies the Breakdown of Marriage

Even if the respondent claims the marriage is still viable, the court will evaluate the actual circumstances. If the filing party provides sufficient evidence (e.g., domestic violence reports, separation, infidelity), the court may rule in favor of divorce.

3.3. Disputes Child Custody or Property Division

A refusal to settle child custody or property issues doesn not block the divorce. The court will resolve these disputes as part of the judgment, ensuring fairness and prioritizing the best interests of the child.

4. Legal Procedure When One Spouse Refuses a Divorce

If youa are dealing with a uncooperative spouse, here are the legal steps to follow in Vietnam:

4.1. Step 1: Prepare a Divorce Petition

Include detailed information about the marriage, reasons for divorce, and any evidence of marital breakdown (messages, medical records, police reports).

4.2. Step 2: Submit the Petition

File it at the People Court where the non-filing spouse resides. If their location is unknown, file at the court in your own place of residence.

4.3. Step 3: Court-Led Mediation

The court will arrange a mandatory conciliation session. If the respondent refuses to attend or if reconciliation fails, the court proceeds to trial.

4.4. Step 4: Trial and Judgment

The court will consider all evidence, assess the marriage situation, and issue a ruling. Even without the spouse’s consent, the court may grant the divorce if conditions are met.

How to Proceed If One Spouse Refuses a Unilateral Divorce in Vietnam?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

As long as there is sufficient evidence to prove that the marriage has broken down beyond repair, the court has the authority to grant a divorce without mutual consent. Understanding your legal rights and following the proper procedures are key to achieving a fair outcome. For the best chance of success, it is highly recommended to seek support from experienced divorce lawyers who can guide you through each step of the process. 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.

>>> Read more: Unilateral Divorce in Vietnam While Living Abroad

>>> Read more: Fastest Unilateral Divorce Procedure in Ho Chi Minh City

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