Steps to carry out the unilateral divorce procedure

Unilateral divorce begins with a clear request and evidence supporting the applicable legal grounds. Preparing identity and marriage records is only part of the task: the petition should also explain any requests concerning children, support, assets and debts.

Check the grounds and identify the requests

A unilateral divorce allows one spouse to request divorce without a joint application. Under Article 56 of the 2014 Law on Marriage and Family, the court examines the relevant grounds, including domestic violence or serious violations of marital rights and obligations that cause the statutory level of marital breakdown. A spouse's refusal to sign does not itself establish every element of the claim.

The petition should distinguish the request to end the marriage from related requests about children, support, property and debts. Set out the relevant events in a clear chronology and identify the evidence supporting each disputed matter.

Prepare the petition and supporting file

• Marriage records and the parties' identity information.
• Current residence information and the respondent's known location for procedural notice.
• Children's birth records and evidence of care, needs and the parenting arrangements requested.
• Ownership, acquisition and valuation records where property division is requested.
• Loan documents and evidence of the basis for any shared-debt claim.

If the marriage certificate is missing, raise the issue early and investigate an official extract or replacement. Where a document is held by the other spouse, explain that situation rather than treating an incomplete file as complete. Foreign-issued documents require review of translation and the applicable authenticity formalities.

Identify the competent court and submit

Check Vietnamese international jurisdiction where relevant, then territorial competence and the current court structure. Law No. 85/2025/QH15 amended civil procedure from 1 July 2025; an old guide referring automatically to district or provincial courts may not describe the present filing position.

The court reviews the petition and may require amendments, further documents or the prescribed advance payment unless an exemption applies. Keep copies of the submitted file and the notices received, and respond within the applicable time limits.

Notice, evidence and court proceedings

The respondent must be notified through the applicable procedure. An overseas address, disputed facts or difficulties obtaining records can affect the work and duration of the case. The court may need evidence concerning parenting, property values, borrowing or third-party interests.

Conciliation and trial preparation take place under civil procedure, including the rules for cases where mediation is not conducted or cannot be conducted. There is no universal rule that every divorce requires exactly two mediation sessions.

For custody, the child's interests are central. Wishes of children aged seven or older must be considered; the child does not decide the case. The way those wishes are obtained should follow the court's procedure and avoid unnecessary pressure.

Decision and further action

The court determines whether the divorce grounds and related claims are established. Any appeal period depends on the decision, participation and service rules. A rejected claim does not justify assuming a universal one-year waiting rule without reviewing the judgment and current legal basis.

Preparation can reduce avoidable corrections, but the court's timetable and result cannot be guaranteed. A lawyer can advise, draft documents and help protect lawful interests within the permitted scope; authorisation does not simply replace a spouse's personal role in the divorce.