Divorce Procedures When One Spouse Lives Abroad: What Should You Prepare?
In recent years, DEDICA Law Firm has received numerous consultation requests regarding divorce procedures when one spouse resides abroad. Many clients face difficulties due to complex legal procedures, lack of proper documentation, or unclear understanding of how to proceed when the couple lives in different countries.
Divorce Procedures When One Spouse Lives Abroad
The Case of Mr. L and Ms. P: When Distance Defeats Marriage
In December 2023, the People’s Court of Ho Chi Minh City handled the divorce between Mr. L (a U.S. citizen) and Ms. P (residing in Vietnam). The couple had legally registered their marriage in 2018, but due to living apart and being unable to reunite, conflicts gradually increased, ultimately leading to the official termination of their marital relationship.
Both parties agreed to divorce, with no disputes over shared children, assets, or debts. The Court conducted an absentia hearing at the request of both spouses and issued a judgment approving the divorce. This significantly reduced the time, travel expenses, and legal stress for both sides.
Key Legal Highlights from the Case:
Mr. Quach L lives in the U.S.; thus, all documents submitted to the Vietnamese court had to be consular legalized.
Both spouses mutually agreed to divorce and did not request any division of property or child custody.
The court proceeded with an absentia hearing in accordance with Article 238 of the 2015 Civil Procedure Code.
Steps to Prepare When Divorcing a Spouse Living Abroad
1. Legalize Important Documents Through Consular Authentication
To submit a divorce application and ensure it is legally valid, documents issued abroad must be consular legalized, including:
Divorce petition
Statement of facts
Certified copy of the marriage certificate
Copy of passport and identification papers
2. File with the Correct Competent Court
The court with jurisdiction is typically located where the respondent resides in Vietnam. If the petitioner lives abroad, the case must be filed with the Family and Juvenile Court under the provincial/city-level People’s Court.
3. Request for Trial in Absentia – A Time-Saving Option
If both parties agree on all divorce terms and submit a formal request for a trial in absentia, the court may proceed without either party attending. However, a valid written request is required.
4. Pay Attention to the Appeal Period
The party residing abroad has one month to file an appeal from the date they receive the judgment.
The party residing in Vietnam has 15 days to appeal.
Confirming in writing that neither party intends to appeal can expedite the finalization of the divorce process.
Steps to Prepare When Divorcing a Spouse Living Abroad
Conclusion:
Divorcing someone living abroad is not only an emotionally complex process but also legally challenging. With the support of DEDICA's legal team, many clients have successfully completed absentia divorce proceedings, receiving swift and lawful judgments from the court.
We are proud to offer reliable legal solutions and stand by your side in your most important decisions.
Contact DEDICA Law Firm for expert legal consultation!
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