Marriage · Family
Divorce in Vietnam while living in the U.S.: no need to travel back
Many Vietnamese Americans married in Vietnam, now live in the U.S. and want a divorce but cannot travel back. Vietnamese courts can still handle the case. You sign the documents here in the U.S., and a lawyer in Vietnam handles the rest.
1. Two types of divorce
- Uncontested divorce (Article 55, 2014 Law on Marriage and Family): both spouses agree to divorce and have agreed on children and property.
- Contested divorce (Article 56, same Law): one spouse requests it when the marriage has seriously broken down and its purpose can no longer be achieved.
2. Where to file
Before July 1, 2025, divorces with a foreign element were handled by the provincial People’s Courts. Since July 1, 2025, these cases go to the Regional People’s Court where either spouse resides in Vietnam.
3. Documents to send
- The original marriage certificate. If lost, request an official extract.
- Copies of both spouses’ passports (Vietnamese or U.S.) and ID cards.
- Copies of your children’s birth certificates (if any).
- Papers on jointly owned property in Vietnam (if property is disputed).
Petitions and documents signed in the U.S. must be consular-legalized before a Vietnamese court will accept them. KPN handles this step for you.
4. No need to travel back
The law does not allow anyone else to decide on the divorce on your behalf (Article 85(4), 2015 Civil Procedure Code). You can still authorize a lawyer in Vietnam to act as your authorized representative and handle, on your behalf:
- Filing the petition or request.
- Paying the court fee advance.
- Submitting additional documents when the court asks.
- Receiving all court documents.
- Receiving the original divorce decision or judgment.
5. Already divorced in the U.S.
A U.S. divorce decree does not take effect in Vietnam automatically. You need to have the divorce recorded in Vietnam’s civil status register (under Decree 123/2015/ND-CP) before remarrying or handling property in Vietnam.
6. Timeline and fees
- Uncontested divorce: 3–4 months.
- Contested divorce: 12–14 months.
- Fees: every case is different; please contact KPN for a specific quote.
KPN handles everything
KPN works with lawyers in Saigon who travel throughout Vietnam and represent you before the court, so you do not need to return.
Every situation is different. Message or call KPN for a free consultation, 9:00 AM to midnight every day.
Need personal advice?
This article provides general information on Vietnamese law as of the date of publication and is not a substitute for advice on your specific situation. Ken Phuc Nguyen is an attorney-at-law in Vietnam and a Foreign Legal Consultant certified by the Supreme Court of Texas; he advises only on the laws of Vietnam, not on Texas or U.S. law.