Can You Get a Divorce in Vietnam When Your Husband is in South Korea?
1. Is it possible to get a divorce in Vietnam when the husband is in South Korea?
Answer: Absolutely yes! The 2014 Law on Marriage and Family allows a Vietnamese citizen to request a divorce in Vietnam even if the husband is living abroad, provided the couple no longer shares a common place of residence. In such cases, the Court in Vietnam still has jurisdiction to settle the divorce under Vietnamese law.
2. Divorce options available
2.1. Mutual consent divorce
Both spouses agree to divorce and have reached an agreement on child custody and property division.
You can file for mutual consent divorce even if the husband is in South Korea by requesting trial in absentia or granting power of attorney to a lawyer in Vietnam.
2.2. Unilateral divorce
When one party does not agree to divorce, the other may still file for unilateral divorce at the provincial court where they reside in Vietnam.
Circumstances such as domestic violence or serious violations of marital rights and obligations will be considered by the court under Article 56 of the 2014 Law on Marriage and Family.
3. Jurisdiction
According to the 2015 Civil Procedure Code, provincial-level People’s Courts in Vietnam have jurisdiction to resolve divorces involving foreign elements, including cases where the husband is a foreigner or is residing abroad.
4. Documents required for divorce when the husband is in South Korea
4.1. Basic documents
Application for divorce (mutual consent or unilateral) in the court’s format.
Marriage certificate (original or certified copy).
Copies of ID card/Passport and household registration book of both parties.
Children’s birth certificates (if any).
Documents proving joint property ownership (if there is a property dispute).
4.2. Specific documents for a spouse living in South Korea
Proof that the husband is in South Korea (passport, visa, residence certificate, etc.), legalized by consulate and translated into Vietnamese with notarization.
Request for trial in absentia certified by the Vietnamese embassy or consulate in South Korea.
In case of power of attorney, a valid authorization document (consular legalized if issued abroad).
4.3. Additional documents if divorcing a Korean citizen
Divorce petition (mutual consent or unilateral).
Marriage certificate (if registered at the Korean Embassy, it must be recorded in Vietnam first).
ID card/Passport of both parties.
Husband’s residence documents in Vietnam (visa, temporary residence card, etc.).
Children’s birth certificates (if any).
Evidence of joint property, if applicable.
5. Divorce procedure in Vietnam
Prepare all documents as listed above.
Submit the application to the provincial People’s Court where the wife or husband resides in Vietnam (or where the husband resided before leaving Vietnam if currently abroad).
Court acceptance: within 7–15 days.
Mandatory mediation: lasts around 30–60 days; if successful, the case ends; if not, it proceeds to trial.
Trial or judgment:
Mutual consent: the court issues a decision recognizing the divorce agreement.
Unilateral: the court holds a hearing and issues a divorce judgment, deciding on child custody and property matters.
6. Important notes
All foreign documents must be consular legalized and notarized translated into Vietnamese.
You can submit the application via registered mail or authorize a lawyer if unable to attend in person.
For Korean husbands, not returning to Vietnam is completely acceptable if the in-absentia procedure is properly carried out.
Conclusion
Getting a divorce in Vietnam when the husband is in South Korea is entirely possible.
You may proceed through mutual consent or unilateral divorce, depending on the circumstances.
The provincial People’s Court in Vietnam has jurisdiction, even if the husband is absent.
Careful document preparation, proper consular legalization, and timely power of attorney are key factors for a successful case.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
