What to Do If One Spouse Refuses to Divorce?

Divorce is an emotional and legal process and it becomes even more complicated when only one spouse wants to end the marriage. So, what can you do if your partner refuses to get a divorce? This article explains the legal options available under Vietnamese law and introduces the concept of what is unilateral divorce your most powerful tool in this situation. 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. 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 to Do If One Spouse Refuses to Divorce?

2. 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.

3. 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

4. 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

4.1. 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

4.2. 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

5. 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.

6. Why Legal Support Matters

Filing a unilateral divorce requires legal strategy and strong documentation. At Apolo Lawyers, we provide expert legal support for individuals facing: A spouse who refuses to divorce; Difficulties in proving marital breakdown; Child custody and property disputes; We handle the entire legal process from preparing documents to representing you in court ensuring your rights and peace of mind are fully protected.

What to Do If One Spouse Refuses to Divorce?

5. Apolo Lawyers provides consulting services on unilateral divorce procedures

In Vietnam, it is common for one spouse to oppose a divorce, either due to emotional, financial, or personal reasons. However, under Vietnamese law, you still have the right to seek a unilateral divorce if the marriage has seriously broken down and reconciliation is no longer possible. 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: 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?

APOLO LAWYERS