What Happens If Your Spouse Refuses a Unilateral Divorce in Vietnam?

Divorce is one of the most emotionally challenging legal procedures a person can experience. Many people find themselves in situations where they want to end a marriage, but their spouse refuses to agree. This leads to an important legal question: Can one spouse get divorced without the other consent in Vietnam? This article explains what happens when a spouse refuses to divorce, based on Vietnamese law, and how the legal system handles unilateral divorce cases. Whether you are considering filing or are unsure about your rights, understanding what is unilateral divorce and how the process works can help you move forward with confidence. 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 Unilateral Divorce in Vietnam?

Under Article 56 of the Law on Marriage and Family 2014, unilateral divorce is the legal process where one spouse files for divorce without the other agreement. Unlike a consensual divorce, where both parties mutually agree to separate, a unilateral divorce requires the Court to determine whether the marriage has seriously deteriorated.

To proceed, the petitioner must prove that:

• The marriage has irretrievably broken down;
• The couple cannot continue living together;
• The marriage no longer fulfills its essential functions (love, care, and support).

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What Happens If Your Spouse Refuses a Unilateral Divorce in Vietnam?

2. What If the Other Spouse Refuses to Agree?

A common misconception is that a divorce cannot be finalized unless both parties agree. However, in Vietnam, a spouse refusal to divorce does not automatically prevent a court from granting it.

If one spouse does not accept the divorce, the court will still review the petition and decide based on objective circumstances and legal standards. The Court will consider:

• Whether the couple is still living together;
• Whether there is emotional, psychological, or even physical harm;
• Attempts at reconciliation;
• Whether the marriage has lost its meaning and purpose.

So, even if the other spouse strongly opposes the divorce, they cannot block the process indefinitely. The law protects the petitioner right to escape a harmful or unsustainable relationship through legal means.

3. Grounds for Unilateral Divorce

In order to succeed with a forced divorce in Vietnam (a term commonly used to describe a contested divorce), the petitioner must present valid legal grounds. These may include:

• Domestic violence (physical, emotional, or economic);
• Prolonged separation or abandonment;
• Adultery;
• Substance abuse or criminal behavior;
• Serious conflict, lack of emotional connection, or constant disputes.

Each of these can be considered grounds for unilateral divorce. The burden of proof lies with the petitioner to convince the court that the marriage has seriously deteriorated.

4. How Does the Court Handle a Contested Divorce?

4.1. Mediation Stage

Vietnamese courts will first require the couple to participate in a reconciliation session. This is a legal formality and a chance for the couple to possibly resolve their issues. However, if reconciliation fails, the court will proceed with the case.

4.2. Evidence Review

The petitioner must provide evidence of marital breakdown—this may include:

• Testimonies from family members or neighbors;
• Medical records (in cases of abuse);
• Text messages or documents showing infidelity or conflict;
• Proof of long-term separation.

4.3. Trial and Judgment

After considering the evidence, if the Court determines that the relationship has no chance of recovery, it will grant the divorce even if one party strongly opposes it.

This is a key protection within the divorce process in Vietnam, ensuring that one person is not trapped in an unviable marriage.

What Happens If Your Spouse Refuses a Unilateral Divorce in Vietnam?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

If your spouse refuses to divorce, you still have the right to file for a unilateral divorce and present your case in court. Vietnamese law provides a clear process to protect individuals from being forced to stay in dysfunctional or abusive marriages. Whether you are dealing with emotional estrangement, conflict, or outright resistance from your spouse, knowing what is unilateral divorce and how to assert your rights is the first step.

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: Who Gets Custody of Children in a Unilateral Divorce in Vietnam?

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

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