When a marriage has no hope of reconciliation and one spouse has been missing for years without contact, the remaining spouse is often left with a host of legal questions: Is divorce possible? How can the marital property be fairly divided? This real-life case from Tay Ninh offers valuable lessons for individuals facing similar situations.
Divorce When One Spouse Is Missing [/caption]
The case was accepted and tried by the People’s Court of Chau T District (Tay Ninh) on February 21, 2025. Mr. P (born 1974) and Mrs. Y (born 1978) were legally married in 2001. Their marriage remained stable until 2021, when Mrs. Y left their residence and disappeared without a trace.
After numerous failed attempts to locate her, Mr. P petitioned the court to declare Mrs. Y legally missing under the Civil Code. The court granted the request, clearing the way for Mr. P to file for divorce and request division of marital assets.
The court determined that the marital relationship no longer existed in reality as Mrs. Y had been absent for more than three years and had abandoned her family responsibilities. Under Vietnam’s Law on Marriage and Family, this situation qualifies for the dissolution of marriage. The court accepted Mr. P’s divorce petition.
During the marriage, the couple jointly owned:
Three adjacent land lots totaling over 2,300m² in B.G Commune, Chau T District.
A level-4 house and perennial crops planted on the land.
Mr. P requested an in-kind division of the property, with the land valued at approximately VND 370 million to be equally divided. As Mrs. Y had been declared missing, her share of the assets was temporarily assigned to their son, Mr. L, for management.
Their two children, Mr. L and Ms. L, were adults and did not request the court to address custody. Regarding the property, both agreed that Mr. L would manage their mother’s share—facilitating the enforcement of the judgment and avoiding future conflicts.
Based on this real-life case, DEDICA’s legal team shares several important legal recommendations:
If a spouse has been missing for over two years without known whereabouts, you have the right to petition the court for a declaration of missing status. This is a critical legal step toward resolving the divorce and dividing shared property.
Essential documents include land use certificates, valuation reports, and the marriage registration certificate. These help the court base its decision on solid evidence and divide assets lawfully.
When children or other family members do not dispute and agree on asset division, the legal process proceeds more smoothly. This also saves time, reduces costs, and avoids future conflicts.
Divorcing a missing spouse is a rare but legally solvable situation if the proper legal procedures are followed. Taking the initiative to file, preparing comprehensive documentation, and having a clear legal strategy will maximize the protection of your rights.
DEDICA is proud to have supported and successfully represented our client in this case. With extensive experience in handling complex divorce and asset dispute cases, we are always ready to help you navigate legal challenges effectively and safely.
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