Real Case: Ms. H – Divorce from Korean Husband and Winning Custody

Ms. H (Vietnamese citizen) married Mr. K (South Korean citizen) in 2015 in Ho Chi Minh City. In 2018, they welcomed a son and lived stably in an apartment in District 3. However, when the child turned three, conflicts intensified due to disagreements on parenting and marital issues. By early 2024, Mr. K decided to return to South Korea due to work pressures, refused to share parenting responsibilities, and often did not communicate with the child.

Refusing to remain passive, Ms. H filed a unilateral divorce petition at the People's Court of Ho Chi Minh City and requested sole custody. Facing a non-cooperative, absent husband, she opted for an in absentia trial. The case presented many challenges: validating the marriage, verifying the husband's location in Korea, preparing custody documents, and providing consistent caregiving evidence.

Legal Grounds and Jurisdiction of Vietnamese Courts

1. Divorce with Foreign Elements – Applying Vietnamese Law

Under Article 127 of the Law on Marriage and Family 2014, a divorce involving a Vietnamese wife and Korean husband falls within the jurisdiction of Vietnamese courts if the incident occurred in Vietnam and the wife resides there.

The provincial or municipal court where Ms. H resides (i.e., Ho Chi Minh City) has jurisdiction to handle the divorce, child custody, and property matters.

2. Child Custody Rules – Vietnamese Law

The 2014 Marriage and Family Law stipulates: If parents cannot agree on custody post-divorce, the court will assign custody based on the child’s best interests. If the child is 7 years or older, the court must consider the child's opinion.

Additionally, emotional and fault-based arguments (such as adultery, neglect, abuse, or financial incapability) can increase the chances of being granted custody.

Divorce Process and Custody Claim

1. Preparing the Documentation – Precise and Complete

Unilateral divorce petition;
Marriage certificate registered in Vietnam (or annotated if initially registered in Korea), copy of the husband’s passport, and residence permit (if previously residing in Vietnam);
Child’s birth certificate proving mother-child relationship;
Custody documents: financial statements, caregiving schedules, household evidence, photos/videos of childcare;
Evidence proving the husband's fault (infidelity, lack of financial support, abandonment) and absence or lack of communication.

2. Court Procedures and Fees

File the petition with the Ho Chi Minh City People’s Court.
The court conducts mandatory mediation. If mediation fails, the trial proceeds. If the husband is absent, Ms. H may request an in absentia trial with proper justification.
Processing time: around 3–4 months for mutual consent divorce; unilateral or contested custody cases may take 1–2 years.
Court fees: approximately 300,000 VND if there’s no property dispute; otherwise, fees are calculated based on asset value. Additional costs may arise from legalizing Korean documents and translations.

Challenges and Practical Experience with Dedica Law

1. Verifying Husband’s Whereabouts in Korea & Handling Absence

When the husband resides in Korea, the court requires an exact address to initiate judicial entrustment. Dedica assisted in gathering documents: passport, visa, residence permit, and absence verification from his Korean address.

2. Collecting Custody Evidence

Dedica advised and helped gather:

Photos/videos of caregiving since infancy;
Bank statements and payslips to demonstrate financial capacity;
Daily routines, school schedules, and testimonies from relatives witnessing the childcare;
Messages, emails, or confirmations from schools showing the father's absence in caregiving.

Legally, proving fault like infidelity or irresponsibility is essential in winning custody.

3. Strategic Legal Planning – Neutral and Optimal

Dedica followed a 3-step strategy:

Send a final notice to the husband, showing goodwill and providing evidence for the court;
Prepare a detailed case file emphasizing Ms. H’s caregiving ability;
Propose fallback options: if the court doesn’t immediately award custody, suggest post-trial review or invoke Article 84 of the Law on Marriage and Family 2014 to alter custody later if the husband remains unfit.

4. Trial and Verdict

The court may conduct 1–3 mediation sessions. If they fail, trial follows. Dedica represents Ms. H, presenting strong childcare evidence and focusing on the child’s best interests. Courts typically assess:

Parenting ability and time spent with the child;
Financial conditions and living environment;
Child’s opinion (if 7+ years old);
Husband’s faults—e.g., infidelity, family neglect.

Expected outcome: Custody is granted to the parent best meeting the child’s needs—often the mother, if sufficient proof is provided.

Recommendations from Dedica Law

Ensure marriage is recognized in Vietnam if registered in Korea (via annotation).
Accurately verify the husband’s address in Korea to expedite judicial entrustment.
Gather a wide range of custody evidence (financial, time, hands-on caregiving).
Clearly prove faults if applicable, especially if the husband is absent or neglects responsibilities.
Carefully issue a final notice—both a sign of goodwill and a key legal document.
Always request an in absentia trial if the husband does not return to Vietnam.
Proactively propose custody modifications under Article 84 if future adverse conditions arise due to the husband’s continued absence.

Conclusion

Ms. H and Mr. K’s case proves that divorcing a Korean husband and winning child custody is entirely feasible with well-prepared documents, proactive evidence-building, and adherence to legal procedures. Dedica Law Firm has successfully supported numerous similar cases—from legal consulting and evidence collection to in absentia trial representation, mediation, and courtroom advocacy—helping clients secure their rights.

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DEDICA’s Experience: Supporting a Vietnamese Client in Divorcing Her Korean Husband and Successfully Gaining Child Custody