Where to File a Divorce Petition?

When a marriage reaches an irreconcilable breakdown and spouses no longer cohabit, many couples raise the question: Where to file a divorce petition? Determination of the competent court is critically important, as submission to an incorrect authority may result in return of the application dossier or prolongation of the settlement process. The following article clarifies the fundamental differences between these two legal mechanisms under current Vietnamese law. For legal consultation, please contact Apolo Lawyers via email at contact@apolo.com.vn or via hotline at (+84) 979.489.879 for detailed guidance.

1. Mutual Consent Divorce When Spouses Reside in Different Locations

Mutual consent divorce refers to a situation in which both spouses agree to terminate the marital relationship and have reached agreement on:

• Child custody rights
• Child support obligations
• Division of common property, if any

Pursuant to Article 55 of the Law on Marriage and Family:

“In the event that both spouses jointly request divorce, if the Court finds that the parties voluntarily agree to divorce and have reached agreement on property division and on the care, custody, upbringing, and education of children on the basis of ensuring legitimate rights and interests of the wife and children, the Court shall recognize mutual consent divorce. If no agreement is reached or if such agreement fails to ensure legitimate rights and interests of the wife and children, the Court shall settle the divorce in accordance with law.”

Accordingly, in such circumstances, the application dossier may be submitted to the People Court at the regional level where either spouse resides or is employed.

Where to File a Divorce Petition?

2. Unilateral Divorce When Spouses Reside in Different Localities

Unilateral divorce arises when one party files a divorce petition due to serious marital conflict, domestic violence, absence of emotional attachment, or inability to continue cohabitation.

Pursuant to Clause 1, Article 56 of the Law on Marriage and Family, unilateral divorce, also referred to as divorce upon request of one party, is defined as follows:

“When a spouse requests divorce and mediation at the Court fails, the Court shall grant divorce if there are grounds demonstrating that a spouse commits acts of domestic violence or seriously violates rights and obligations of husband and wife, resulting in a serious deterioration of the marital relationship, rendering common life impossible to continue and preventing achievement of the purpose of marriage.”

In such a case, the requesting party must submit the petition to the People Court at the regional level where the respondent resides or is employed.

This provision means that the requesting party may not unilaterally select the place of residence for filing the petition, except in certain special circumstances prescribed by law.

Where to File a Divorce Petition?

3. Legal services Apolo Lawyers provide for divorce cases

Apolo Lawyers – Solicitors & Litigators offers comprehensive legal services designed to help clients achieve a fast divorce while safeguarding their rights and interests. Our services include:

• Consulting on mutual consent and unilateral divorce procedures;

• Reviewing, drafting, and organizing all required divorce documents;

• Representing clients during negotiations on property division and child custody;

• Advising on financial settlements, spousal support, and child support;

• Assisting with recognition and enforcement of foreign divorce judgments in Vietnam;

• Representing clients before the People Court in divorce proceedings;

• Supporting post-divorce procedures, such as civil status registration updates.

With a team of experienced and dedicated lawyers, Apolo Lawyers is committed to guiding you through each stage of the divorce process, ensuring legal compliance and helping you resolve your case as quickly and smoothly as possible.

Divorce is quite a 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: Seeking Legal Assistance for Unilateral Divorce Services in Vietnam

>>> Read more: How to File a Unilateral Divorce in Accordance with Vietnamese Law?