Quick Divorce Services for Americans and Vietnamese – Updated 2024

Question: I am a US citizen, I married a Vietnamese woman in Vietnam 2 years ago. Now I want a divorce. My marriage was performed in Vietnam. Do I need to file for divorce in the US or Vietnam? She is in Vietnam, and I am in the United States. If she does not agree to the divorce, will the procedure become more complicated? Where can I find the Divorce Services for Americans and Vietnamese?

In recent years, the divorce rate in Vietnam has increased compared to the last 10 years. However, when it comes to the issue of “divorce” most Vietnamese people are still hesitant due to traditional and somewhat conservative cultural values. Therefore, if you want to divorce your Vietnamese wife, you should file the petition in Vietnam to facilitate the process more easily. This article provides a detailed guide on the divorce process between an American and a Vietnamese according to Vietnamese law. And provide information about divorce services for Americans and Vietnamese in Vietnam.

For assistance in obtaining the necessary documents for Quick Divorce Services for Americans and Vietnamese, please contact Luật Nhật Thư 0842894888 (Zalo/line/viber/messenger) or Email – luatnhatthu@gmail.com 

What is divorce between an American and a Vietnamese?

The procedure for divorce between an American and a Vietnamese involves cases where one party is a Vietnamese citizen and the other is an American citizen. This process can be categorized into two types

Mutual Consent Divorce

This occurs when both spouses agree to divorce voluntarily. In a mutual consent divorce, both parties have reached an agreement on all aspects, including emotional ties, child custody, and the division of assets. This means there are no disputes to be resolved in court, making the procedure quicker and simpler.

Unilateral Divorce

Unilateral divorce happens when one party does not agree to the divorce. In this situation, one spouse can file for divorce without the other’s consent. Common issues in unilateral divorces include disputes over marital relations, child custody, alimony, and the division of joint property and debts. This process is typically more complicated and lengthy as it requires court intervention to resolve these disputes.

Refer to the following article: Everything about getting a divorce in Vietnam – Updated 2024

Jurisdiction for Handling Divorce Between an American and a Vietnamese in Vietnam

According to Clause 1, Article 469 of the Civil Procedure Code, Vietnamese courts have general jurisdiction to resolve divorce procedures involving foreign elements if the plaintiff or defendant is a Vietnamese citizen or if the parties are foreign nationals residing, working, or living long-term in Vietnam.

According to Articles 35 and 37 of the Civil Procedure Code, jurisdiction over divorces involving foreign elements belongs to the provincial-level People’s Court. Specifically:

Mutual Consent Divorce

The court where either the husband or wife resides or works has jurisdiction to handle the case.

Unilateral Divorce

The court where the defendant resides or works has jurisdiction to handle the case. If the defendant has no place of residence or work in Vietnam, the plaintiff can request the court where they themselves reside or work to handle the case. If the plaintiff does not know the residence or workplace of the defendant, they can request the court at the last known residence or workplace of the defendant to handle the case.

Procedure for Divorce between an American and a Vietnamese under Vietnamese Law

Mutual Consent Divorce between an American and a Vietnamese Procedure

Implementation Sequence:

Step 1: Prepare the mutual consent divorce dossier:

• Petition for recognition of mutual consent divorce, child custody, and property division upon divorce (in case of mutual consent divorce);
• Original marriage certificate or marriage extract;
• Certified copies of the spouses’ identification documents;
• Certified copies of household registration book/temporary residence book/residence card of the spouses;
• Certified copies of the birth certificates of the common children;

Step 2: Submit the mutual consent divorce dossier to the provincial People’s Court;

Step 3: The court accepts the dossier requesting the recognition of mutual consent divorce;

Step 4: The court holds a public session to resolve the recognition of mutual consent divorce;

Step 5: The court issues a decision recognizing the mutual consent divorce.

Unilateral Divorce between an American and a Vietnamese Procedure

Divorce Procedure with an Vietnamese Citizen:

Step 1: Fully prepare and submit the divorce dossier to the competent court:

• Divorce petition;
• Original marriage certificate;
• Certified copies of the spouses’ identification documents;
• Certified copies of household registration book/temporary residence book/residence card of the spouses;
• Certified copies of the birth certificates of the common children;
• Documents proving common property, separate property, and common debts of the spouses;

Step 2: The court reviews and accepts the divorce dossier.

Within 07 days from the date of receiving the court’s notice on paying the provisional court fees, the petitioner must pay the provisional court fees and submit the receipt of the provisional court fees to the court.

Step 3: The court conducts mediation.

Mediation at the court is a mandatory procedure before bringing the case to trial.

Step 4: The court conducts a first-instance trial.

Refer to the following article: Divorce Between Vietnamese and Foreigners: What You Need to Know Under Vietnamese Law 2024