Divorce when one party does not cooperate: What can a lawyer support?

Not all divorces take place by consensus. In fact, in many cases, one party deliberately does not sign the application, avoids working with the Court or seeks to prolong the settlement time, causing the other party to face many difficulties. So is divorce possible when one party does not cooperate? What can a lawyer support to protect your legal rights and interests? In this article, HTC Vietnam Law Firm will help you understand the legal regulations, the implementation procedure and the role of lawyers in resolving divorce when one party does not cooperate effectively.

1. What is divorce when one party does not cooperate?

Divorce when one party does not cooperate is a case where only one spouse requests the termination of the marital relationship, while the other party does not agree to the divorce or has acts that obstruct the settlement process such as:

- Do not sign the divorce papers.

- Failure to provide required documents.

- Deliberately evading or failing to come to the Court according to the summons.

- Do not participate in mediation or court hearings.

- Committing acts of prolonging the time for settling the case.

2. Can a divorce be done when one party does not cooperate?

Pursuant to Article 51 of the Law on Marriage and Family 2014, it is stipulated:

- The spouse or both have the right to request the Court to settle the divorce.

- Parents and other relatives have the right to request the Court to settle the divorce when one of the spouses is unable to recognize and control their behavior due to mental illness or other diseases, and at the same time is a victim of domestic violence caused by their husband or wife, seriously affecting their lives. their health and spirit.

- The husband does not have the right to request a divorce in case the wife is pregnant, giving birth to a child or raising a child under 12 months old.

Thus, in case one spouse refuses to sign the divorce petition, the other party still has the right to request the Court to settle the divorce according to unilateral divorce procedures.

3. Procedures for conducting a unilateral divorce:

The procedure includes:

Step 1: Submit a lawsuit dossier for unilateral divorce at the district-level People's Court where the defendant is residing or working.

Step 2: Within 05 working days from the date of receipt of the lawsuit petition and valid dossier, the Court will accept and settle the case and will issue a notice of payment of the court fee advance to the applicant.

Step 3: The applicant pays the court fee advance at the district-level Civil Judgment Enforcement Sub-Department and submits the receipt of the court fee advance to the court

Step 4: The court accepting the case proceeds to settle the case according to the common unilateral divorce procedures and issues a judgment or decision to settle the case.

Unilateral divorce dossier when one party does not cooperate

In order for the Court to accept the case, the requester needs to prepare the following documents:

- Petition for unilateral divorce (according to the Court form);

- The original marriage certificate (or an extract if lost);

- ID card/CCCD, household registration book of both parties;

- Birth certificate of the common child (if any);

- Documents on common property and debts (if there is a dispute);

- Evidence proving serious marital conflicts: violence, adultery, long-term absence, failure to perform conjugal obligations, etc.

4. Notes for an effective and time-saving divorce process

Things to note:

- Prepare clear and complete documents from the beginning to avoid returning the application.
- Correctly identify the competent court according to the place of residence or place of property.
- Comply with the start time of the event and the prescribed offering procedures.
- Stay in a reasonable position with the court, providing authentic evidence.
- The best direct conflict mode is when there is a common child – this helps the Court assess the goodwill and responsibility of the initiator.
- Ask a lawyer for advice on marriage strategies, especially in cases where the application is attempted to be prolonged or avoided.

- A copy of the identity card or passport of the spouse (with authentication);

- Documents proving the property: Land use right certificate,... (with authentication);

- A copy of the child's birth certificate (certified).

5. What can a lawyer support in a divorce when one party is uncooperative?

When one spouse deliberately does not cooperate, the divorce settlement may arise many problems in terms of procedures, evidence, child custody and property division. With experience in the field of marriage and family, lawyers can assist clients in the following areas:

- Consulting on grounds and conditions for unilateral divorce: Assessing marital status, determining legal grounds and the possibility of the Court accepting the divorce request.

- Guidance on preparing complete and regulated documents: Assisting in drafting lawsuit petitions, reviewing documents and guiding the addition of necessary documents to avoid being returned to the dossier.

- Consultancy on collecting and providing evidence: Guiding the collection of documents and evidence proving that the marital status has been serious, acts of violating marital obligations or circumstances related to child custody and common property.

- Representing the Court in accordance with the law: Performing legal proceedings on behalf of clients within the scope of authorization, helping to save time and limit errors in the process of settling cases.

- Protecting the legitimate rights and interests of customers: Participating in legal proceedings to protect the interests of child custody, alimony, division of common property, division of property obligations and other lawful interests.

- Propose appropriate settlement plans: Advise on solutions to shorten the time to settle the case, handle cases where the other party is deliberately absent, evasive or does not cooperate with the Court in accordance with the provisions of law.

Having a lawyer accompany you from the initial stage not only helps the divorce requester comply with the correct order and procedures, but also contributes to the maximum protection of legal rights and interests throughout the process of settling the case.

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Commitment to service quality:

HTC Vietnam Law Firm operates with the motto of dedication – efficiency – prestige, committed to ensuring service quality, specifically as follows:

- Ensure that the work is carried out according to the agreed schedule, ensure compliance with the law, in accordance with the code of ethics and conduct of Vietnamese lawyers.

- Put customer interests first, try our best to bring customers the best service quality.

- Confidentiality of information provided by customers, information related to customers.

We look forward to long-term cooperation with the development of our customers.

Best regards!

(Written by: Le Trang Nhung; Date written: 9/7/2026)

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For detailed advice, please contact:

HTC Vietnam Law Firm

Address: 4th Floor, Multi-purpose Building, No. 169 Nguyen Ngoc Vu, Yen Hoa Ward, Hanoi City.

Phone: 0989.386.729

Email: hotmail@htcvn.vn

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