In the age of globalization, more and more couples are entering into cross-border marriages. However, this also gives rise to numerous complicated situations—especially when the relationship breaks down, and one party cuts off all contact and lives abroad for years. So what can a wife in Vietnam do when her husband does not return, doesn’t respond, and has no known address?

Divorce When the Husband Is a Foreigner and Has Lost Contact

Real-Life Case: No Contact Since 2020, But the Court Still Granted Divorce

A woman named T (born in 1977) married a U.S. citizen in 2015. After about a month of living together, the husband returned to the U.S., keeping in touch only for the first few years. Since 2020, there has been no communication, and he has not returned to Vietnam. Although legally still married, in reality, T had been living alone for years, even giving birth and raising her child on her own.

When she decided to divorce, she faced a major obstacle: she had no idea of her husband’s current address in the U.S. However, with perseverance and legal understanding, she was able to file for divorce and was granted a court decision despite the husband’s complete absence.

Legal Guidance for Divorcing a Foreigner Who Has Lost Contact

1. Establishing Jurisdiction for the Case

Under the Civil Procedure Code of Vietnam, if one party is a Vietnamese citizen residing in the country, they may file for divorce at the provincial People’s Court where they reside. Even if the other party is a foreigner or living abroad, the case still falls under the jurisdiction of the provincial court (Article 37(1) and Article 38(2)).

2. Carefully Preparing a Complete Set of Documents

Necessary documents include:

Marriage certificate
ID card/passport and household registration
Birth certificate or birth statement of the child (if applicable)
Evidence proving the marriage has broken down: such as text messages, emails, or documentation showing lack of contact

If the exact address of the person abroad is unknown, this must be stated clearly in the petition, along with an explanation of the efforts made to find it.

3. Public Notification – The Solution When Residence Cannot Be Verified

When it's not possible to serve court documents due to unknown address, the court will post public notice at the last known local authority where the defendant resided and on the court’s online portal.

This step is crucial for allowing the case to proceed in absentia and preventing dismissal due to the absence of the defendant.

4. Child Custody and Support When Only One Party Files

If the couple has children, the filing party can request custody. The court will consider the best interests of the child, including economic, emotional, and living conditions.

If child support is not requested—often because the foreign spouse is unreachable—the court can still settle and acknowledge the custodial rights as requested.

Special Notes on Handling Divorces Involving Foreign Elements

Not knowing the spouse’s address does not mean you can’t divorce. Vietnamese law permits in-absentia judgments if proper public notification procedures are followed.
The more detailed and organized the case file is, the more likely the court will accept it. Information on the marriage, reasons for divorce, and any children should be clear and transparent.
Be aware of international litigation costs: for example, judicial entrustment fees abroad can cost tens of millions of dong. Budget accordingly.
Seek support from experienced lawyers in international civil litigation. These are complex cases requiring in-depth legal knowledge and procedural expertise.

Conclusion:

Divorcing a foreign spouse who is unreachable is a complex process, but not impossible. With thorough preparation, correct legal understanding, and adherence to proper procedures, individuals in Vietnam can still legally terminate their marriage and secure custody rights.

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Divorce When the Husband Is a Foreigner and Has Lost Contact – How to Handle It Legally?