Unilateral Divorce Due to a Cheating Spouse in Vietnam

Infidelity is one of the most painful challenges in any marriage. In Vietnam, when trust is broken due to adultery, the faithful spouse has the legal right to end the marriage through a unilateral divorce. But how does Vietnamese law treat such cases? What is the unilateral divorce, and what steps must be taken when a spouse cheats? This article will guide you through the essential legal aspects of filing for unilateral divorce due to adultery under Vietnamese law. 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 the Unilateral Divorce?

In Vietnam, unilateral divorce (also called one-sided divorce) refers to a situation where only one spouse wants to terminate the marriage, regardless of whether the other party agrees. Under Article 56 of the Law on Marriage and Family 2014, the petitioner must prove that the marriage has seriously deteriorated, and the common life cannot last any longer.

Unilateral Divorce Due to a Cheating Spouse in Vietnam

2. Can You File for Unilateral Divorce If Your Spouse Commits Adultery?

Yes. Adultery is a legal ground for requesting a unilateral divorce in Vietnam. When one spouse cheats on the other, it typically results in emotional distress and a breakdown in trust - factors that legally support the claim that the marriage has seriously broken down. So, what is the unilateral divorce? It is a legal solution that allows the faithful spouse to request a divorce without the consent of the cheating partner.

3. Legal Requirements to File for Unilateral Divorce Due to Adultery

To successfully file for unilateral divorce in case of adultery, the petitioner must provide evidence to prove:

• The fact of adultery: This can be shown through text messages, photos, video recordings, hotel receipts, witness statements, etc.
• Marital breakdown: Proof that the marriage has irretrievably broken down, often due to infidelity.

Vietnamese courts will not automatically grant divorce just because adultery is alleged. The court must be satisfied that the marriage is no longer sustainable and that cohabitation is impossible.

4. Does Adultery Affect Property Division or Child Custody?

Under Vietnamese law, adultery may influence custody, the faithful spouse is more likely to gain custody if the cheating partner behavior affects the child well-being. Property division, although Vietnam typically splits property, fault-based behavior like adultery can lead to a different ratio. For example, the cheating spouse may receive a smaller portion if proven to be the reason for the breakdown of the marriage.

Unilateral Divorce Due to a Cheating Spouse in Vietnam

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

Understanding what is the unilateral divorce and how adultery impacts the divorce process is crucial if you are facing this situation in Vietnam. Although emotionally difficult, the law provides protection for the faithful spouse. With proper legal support and documentation, you can successfully end an unsustainable marriage and move forward.

ur 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: How to File a Unilateral Divorce in Accordance with Vietnamese Law?

>>> Read more: Resolving Spousal Realations in Unilateral Divorce

APOLO LAWYERS