Question 12: If the Court has the authority to reject the petition for divorce of the spouse, how long will that spouse have to wait in order to be able to submit the divorce petition again to the Court?

For a divorce request which has not been accepted by the Court, the spouses have the right to resubmit the petition and initiate a lawsuit. The Court shall still review the petition and resolve the spouses’ request according to the civil proceedings^[2].

However, if a spouse’s divorce petition is rejected by the Court, he or she may only reinitiate the divorce request after at least one year from the date of the judgement, decision of the Court refusing for the divorce comes into effect^[4]. However, the other spouse may petition the divorce case at any Court at any time without this restriction.

[2] Article 192.3.(b) of the Civil Proceedings Code 2015.

^[4] Item 10.c of the Resolution No. 02/2000/ND-HDTP.

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