If your spouse abroad refuses to sign the divorce papers: The fastest way to file for a unilateral divorce.

A spouse abroad refusing to sign may require unilateral divorce in Vietnam. Review legal grounds, overseas service and ways to avoid preventable filing delays.

Are you seeking to end your marriage, but your spouse, who is abroad, is deliberately avoiding you, refusing to sign the divorce papers, or cutting off all contact? Are you worried the process will be endless and costly? Do not worry. Current Vietnamese law and the latest regulations in 2026 allow you to file for unilateral divorce even if your spouse is abroad and uncooperative. Jurion & Partners will provide a roadmap to help you resolve your case quickly and legally.

1. You can still get a divorce even without the signature of other party
According to the Law on Marriage and Family, the right to divorce is a personal right of each individual. When the purpose of marriage is not achieved and cohabitation cannot continue, you have the right to file for a unilateral divorce (divorce at the request of one party).

The fact that the other party is abroad and refuses to sign the petition only complicates the process in terms of document delivery procedures, but it cannot prevent the Court from issuing a ruling to terminate the marriage.

What documents are needed for a unilateral divorce with a foreign element?

To prepare the file and reduce avoidable requests for correction, review the following documents:

• Divorce petition: According to the standard form of the competent Regional People’s Court.
• Marriage certificate: Original copy (If the original is lost, a certified copy must be obtained; if married abroad, a marriage registration certificate is required).
• Personal identification documents: Your Citizen Identification Card and a copy of your spouses passport abroad.
• Childs birth certificate: (If there are children together).
• Documents regarding assets and debts: (If a request for division by the Court is made).
• Address of the opposing party abroad: This is the most important document for the Court to carry out judicial assistance.
• Valid documents proving the current residence of the party;

The Fastest Unilateral Divorce Process in 2026

Step 1: Determining Jurisdiction

File with the competent court identified under the current Civil Procedure Code and court structure. A foreign element, a place of marriage registration or a former address does not alone identify the correct court. Verify international and territorial jurisdiction before submitting the request.

File with the competent court identified under the current Civil Procedure Code and court structure. A foreign element, a place of marriage registration or a former address does not alone identify the correct court. Verify international and territorial jurisdiction before submitting the request.

Step 2: Submitting Documents and Paying Court Fees

Check the currently available filing channel with the competent court or civil-status authority. Electronic submission, where available, does not automatically remove original-document, identity-verification or personal-participation requirements.

Step 3: Serving Documents and Judicial Assistance

This is the most time-consuming stage. Vietnamese courts will send the documents to the competent foreign authority (judicial assistance) or send them by mail to notify the other party.

Quick tip: If you have the correct address and the other party still receives mail, the process will be faster. If the other party intentionally hides their address, a lawyer can assist with the procedure of declaring them missing or handling the case in their absence from their residence.

Step 4: Mediation and Trial

If the other party still does not respond after being properly served, the court will proceed with a trial in the defendants absence and issue a divorce judgment.

How to shorten the time for a unilateral divorce?

To avoid waiting 9-12 months (the usual time for international cases), you need to pay attention to the following issues:

1. Provide accurate addresses: The more information you have about the other partys residence and workplace abroad, the shorter the service time.

Foreign-issued documents must follow the applicable authentication or exemption route and suitable Vietnamese translation requirements. Check whether the Apostille Convention applies between the states concerned, including any objections, rather than assuming consular legalisation is always required.

3. Discuss professional legal assistance: A lawyer can help prepare records, identify the applicable service procedure and communicate with the court within the permitted scope. Overseas notice and other procedural requirements cannot be bypassed by promising the fastest channel.

How legal support can help

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice 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: Resolving Spousal Relationships in Unilateral Divorce

>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?

Check the authentication route before submitting foreign records

For a foreign public document, check whether an Apostille Convention route, a legalisation exemption or consular legalisation applies to the issuing state and document. Vietnam’s Apostille Convention entry into force is 11 September 2026; applicability between the states concerned, including objections, must be checked. Authentication does not remove Vietnamese translation or substantive evidential requirements.