What to Do If One Spouse Refuses to Divorce?

Explore practical steps when a spouse refuses divorce in Vietnam: preserve records, assess legal grounds and prepare for a contested court process.

Understanding the Legal Situation

In Vietnam, divorce can only be recognized by the court. The Law on Marriage and Family 2014 provides for two types of divorce:

• Consensual Divorce: Both spouses agree to divorce and have resolved matters related to children and assets.
• Unilateral Divorce: Only one party wants a divorce, and the court must decide on the case after reviewing evidence.

If your spouse refuses to divorce, you cannot proceed with a consensual divorce. In this situation, your only option is to pursue a unilateral divorce.

What Is Unilateral Divorce?

The term what is unilateral refers to a divorce process initiated by one spouse without the consent of the other. Under Article 56 of the Law on Marriage and Family 2014, you can request the court to grant a divorce if:

• There is serious marital conflict
• You are no longer able to live together
• The purpose of marriage has no longer been achieved

The court will review the petition, assess the marital relationship, and make a final decision  even if your spouse objects or refuses to appear in court.

What Happens If One Spouse Refuses to Cooperate?

If one party refuses to sign the divorce petition, avoids court hearings, or ignores legal notices, the court may: Proceed with the case in their absence (default judgment); Accept evidence such as witness statements, police reports, or proof of abuse or abandonment; Use social investigation (e.g., from local authorities) to assess the marital breakdown

How to Prepare for a Unilateral Divorce

To improve your chances of success in a unilateral divorce, you should: Gather documentation to prove the breakdown of the marriage, such as: Records of domestic violence or abuse; Written communication showing neglect or abandonment; Testimony from neighbors, family, or local officials

Clarify Child Custody and Asset Issues

In a unilateral divorce, the court will also decide on: Custody of children based on the child best interests; Property division depending on whether assets are jointly or separately owned; Spousal support or maintenance, if applicable

File a Clear Petition

Work with a lawyer to prepare a comprehensive divorce petition that includes: Grounds for divorce; Custody and property proposals; Supporting evidence

Timeline and Outcome

A unilateral divorce in Vietnam typically takes 3 to 6 months, but this may vary depending on whether: The respondent avoids the court; There are contested issues involving property or children; The court requires multiple hearings or investigations. Even with resistance from your spouse, the court can and will grant a divorce if it determines the marriage cannot be saved.

Why Legal Support Matters

Jurion & Partners can assist with a unilateral divorce where a spouse refuses to cooperate, the grounds require evidence, or children and property are disputed. Assistance may include reviewing records, preparing documents and providing advice or representation within the permitted scope. The client should clarify which steps require personal participation; the court determines the outcome.

How legal support can help

• 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.

>>> Read more: How to Get a Unilateral Divorce When Mutual Consent Is Not Possible in Vietnam

>>> Read more: Should You File for a Unilateral Divorce When You Want to Separate?