Can You Get a Divorce If One Vietnamese Spouse Is Abroad and Cannot Return to Vietnam?
Divorce cases where one Vietnamese spouse resides overseas and cannot return to Vietnam often raise concerns. So, can a divorce still be granted in such cases? The answer is yes—Vietnamese law provides clear mechanisms to resolve divorce cases involving foreign elements under the current Law on Marriage and Family and Civil Procedure Code.
The following article explains both mutual consent divorce and unilateral divorce where one party is not in Vietnam, covering jurisdiction, required documents, procedure, and estimated timelines.
1. Legal Grounds in Vietnam
Under Article 127 of the 2014 Law on Marriage and Family, if both parties are Vietnamese citizens but one resides abroad, the case qualifies as having a foreign element and can still be resolved in Vietnam.
The 2015 Civil Procedure Code provides guidance on determining court jurisdiction and the procedures for serving documents and judicial entrustment when one party is absent.
2. Mutual Consent Divorce – When Both Parties Agree, but One is Absent
Requirements in Vietnam:
Both parties must agree to divorce.
There must be a clear agreement on asset division and child custody (if applicable); the parties may also agree not to request the court’s intervention on certain matters to shorten the processing time.
Filing for absence:
The spouse residing abroad must submit a written request to proceed in their absence, along with supporting documents.
That person may authorize a lawyer or family member in Vietnam to file the petition and receive court communications.
Jurisdiction in Vietnam:
The People’s Court at provincial level where the spouse in Vietnam resides has jurisdiction.
In some border or remote areas, district-level courts may have jurisdiction.
Required documents:
Petition for mutual consent divorce + request for trial in absentia.
Supporting papers: marriage certificate, ID/passport, residency confirmation, child’s birth certificate (if applicable), documents related to jointly owned assets (if any).
Any documents issued overseas must be legalized and translated into Vietnamese.
Procedure in Vietnam:
Submit documents directly, by mail, or through a lawyer’s authorization.
The court will accept the case, may conduct reconciliation, and then open a hearing—even without the absent party.
If the documents are valid and all conditions are met, the court will issue a decision recognizing the mutual consent divorce.
Processing time:
Typically 2–3 months if the case is straightforward and all documents are complete.
3. Unilateral Divorce – When One Party Disagrees and Is Abroad
Grounds for unilateral divorce in Vietnam:
There must be grounds such as domestic violence, serious breach of marital duties, or situations where continued cohabitation is not possible.
Reconciliation attempts at court must have failed.
Jurisdiction when the defendant is not in Vietnam:
If their last known address in Vietnam is available, the case must be filed at the corresponding local court.
If the address is unknown, the plaintiff can file at the court where they currently reside in Vietnam.
Special procedures and documents:
Petition for unilateral divorce + request for trial in the absence of the defendant.
Documents include: marriage certificate, ID/passport, proof of residence, documents concerning children or shared assets.
If the plaintiff is abroad, documents must be legalized at the Vietnamese embassy before submission.
The court may seek verification through the Immigration Department or request judicial assistance to serve documents, take statements, or verify the absent party’s address.
Expected timeline:
First-instance trial may take 4–6 months, longer in complex cases or where international verification is required.
Additional months may be needed if there is an appeal or if international service of documents is involved.
4. Practical Considerations and Key Notes
A divorce can still be granted in Vietnam even if one Vietnamese spouse is residing abroad and cannot return.
If the couple was married abroad, the marriage must be registered (noted) in Vietnam before filing for divorce; otherwise, the Vietnamese court may reject the petition.
If the assets are located overseas, foreign laws may govern the division of those assets. Assets located in Vietnam will be divided according to Vietnamese law or mutual agreement.
Conclusion
You can file for divorce in Vietnam even if one Vietnamese spouse is living abroad and cannot return. Whether it’s a mutual consent divorce (with a request for trial in absentia) or a unilateral divorce (with the absent party as defendant), Vietnamese law provides clear procedures under the 2014 Law on Marriage and Family and the 2015 Civil Procedure Code.
It is highly recommended to consult with a lawyer in Vietnam, prepare all necessary documents, ensure proper legalization for foreign-issued papers, and consider giving power of attorney to ensure the divorce process proceeds smoothly.
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