Can You Get a Divorce in Vietnam While Your Wife is Living in South Korea?
You’re currently in Vietnam and your wife is residing in South Korea — can you still proceed with a divorce in Vietnam? The following article will answer this frequently asked question in detail, based on the latest legal updates.
1. Divorce with foreign elements – Can it be handled in Vietnam?
According to Article 127 of the Law on Marriage and Family 2014, a divorce involving a Vietnamese citizen and a foreign national, or where one party resides abroad, can still be resolved in Vietnam.
The law stipulates:
If one party resides overseas but retains permanent residency or household registration in Vietnam, the People’s Court at the provincial level where the other party resides has the jurisdiction to handle the case.
If both parties reside abroad and have no common permanent residence in Vietnam, the divorce should be processed under the law of the country of residence. If no common residence exists, Vietnamese law may still apply.
2. Can the divorce proceed without the wife returning from South Korea?
2.1 Mutual Consent Divorce (both parties agree)
If both parties agree on divorce terms, child custody, asset division, and support obligations, the wife does not need to be physically present.
The application may be sent by post or submitted by an authorized representative to the competent court in Vietnam.
The court will hold a hearing or review the petition once in the wife's absence and issue a decision to recognize the mutual consent divorce.
2.2 Unilateral Divorce (one party files)
The spouse remaining in Vietnam can file for divorce without requiring the wife to return.
Evidence of notice delivery must be provided. If the wife's address is unknown, the court may publicly announce the case or declare her absence under Article 56 of the Law on Marriage and Family 2014.
3. Documents and procedures required in Vietnam
3.1 Mutual Consent Divorce File
Petition for recognition of mutual consent divorce (may include request to proceed in absence)
Original or certified copy of the marriage certificate
ID cards/passports and residence documents of both parties (if available)
Child’s birth certificate (if any)
Joint property records and agreement on division (if any)
Power of attorney if someone else submits on behalf of the absent spouse
3.2 Unilateral Divorce File (wife absent)
Unilateral divorce petition
Marriage certificate, ID/passport of the petitioner
Proof of the petitioner’s residence and information/address of the defendant (if known)
Documents showing inability to locate the wife’s address in South Korea (e.g., statements, immigration confirmations)
Legalized and certified translations of any documents issued in South Korea, if necessary
Power of attorney if a lawyer or representative handles the procedure
4. Jurisdiction – Which court handles the case?
The case falls under the People’s Court at the provincial level, typically where the Vietnamese spouse resides or where the marriage was registered.
If the Vietnamese spouse does not reside in Vietnam or lives in a border/special zone, a district-level court may also have jurisdiction.
5. Timeline and cost of divorce in Vietnam
Mutual Consent Divorce
Generally resolved within 1–4 months, provided all documents are valid and there are no disputes over children or assets.
Unilateral Divorce with Absent Wife
May take 4–6 months under normal conditions. If the court needs to verify details abroad or issue public notices, the timeline may extend to 8–12 months or more.
Costs include: court fees as prescribed by law, translation fees, legalization charges, and postal fees if applicable.
6. Summary
Can you divorce in Vietnam if your wife is in South Korea?: Yes. If you are a Vietnamese citizen or have residency in Vietnam, the provincial court can handle the case.
Can the divorce proceed without the wife’s presence?: Yes. Whether by mutual consent or unilateral request, provided notice and legal requirements are met.
What documents are needed?: Divorce petition, marriage certificate, ID/passport, proof of residency, wife’s contact/address, asset and custody details, legalized documents if needed.
Timeline?: Mutual consent: 1–4 months. Unilateral and complex cases: 4–12+ months.
Final Advice
Opt for mutual consent if your wife agrees to divorce — it’s quicker and less complicated.
Prepare complete documentation, especially concerning residence, power of attorney, and contact information of your wife in South Korea.
Consult an experienced lawyer in cross-border divorce cases to ensure proper legal compliance, time efficiency, and cost optimization.
A lawyer can also help draft the petition for absence, guide document legalization, and coordinate with the Vietnamese Embassy in South Korea if required.
Contact DEDICA Law Firm for expert legal consultation!
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