Divorcing when one spouse resides abroad is not uncommon in today’s society. However, not everyone is aware of the legal procedures and key considerations necessary to protect their rights. In this article, DEDICA shares a real-life case successfully handled by the People's Court of An Giang Province — providing clarity on the legal process, common challenges, and effective solutions.

Real Case: A Couple Separated for 9 Years Finally Ends Their Marriage

Ms. P and Mr. D got married at the Vietnamese Embassy in South Korea in 2010. Before registering their marriage, they had a child together — baby N, born in 2010. Their union began with mutual love and family support.

However, after living together in South Korea, they encountered deep-rooted conflicts regarding life perspectives, parenting styles, and future plans. In 2013, they separated, sending their child back to Vietnam to live with the paternal grandparents. By 2018, Ms. P had returned to Vietnam, and the couple had no further communication — not even seeing each other for over nine years.

With no hope of reconciliation, Ms. P filed for divorce at the People’s Court of An Giang Province in 2022. Both parties agreed to end the marriage and let Ms. P take custody of their child. The court processed the case in accordance with legal procedures and concluded the matter swiftly.

How to Handle Divorce Involving a Foreign-Residing Spouse: Key Legal Insights

Based on this case, DEDICA draws practical lessons that individuals in similar situations should take note of. Here are important points to consider:

1. Determine the Correct Court Jurisdiction

When one spouse resides abroad, the divorce case falls under the jurisdiction of the provincial-level People’s Court, not the district court. In Ms. P and Mr. D’s case, although Mr. D lived in South Korea, his permanent residence was in An Giang, making the An Giang Provincial Court the appropriate authority.

Important Note: If you file in the wrong court, your documents may be returned, causing unnecessary delays and prolonging the divorce process.

2. What Documents Are Required for Divorce?

Divorce petition
Marriage certificate
Child’s birth certificate
Household registration ID/Passport
Proof of separation or conflict (messages, letters, photos, etc.)
Petition for trial in absence if one party cannot return to Vietnam

In the case above, both Ms. P and Mr. D submitted requests to be absent from the trial — a legally acceptable action if justified and approved by the court.

3. Child Custody: Who Gets Priority?

The court always prioritizes the child’s stability and their wishes if they are aged 7 or older. In this case, child N had lived with her mother and maternal grandparents for years and expressed the desire to stay with her mother. Both parties agreed, and the court granted custody to Ms. P.

DEDICA’s Recommendation: Be well-prepared with information about your childcare conditions, your child’s opinion, and provide evidence of your financial and caregiving capabilities to protect the child’s best interests.

4. Clear Agreement on Child Support

Although the court did not address child support due to a mutual agreement, the lack of written documentation can lead to legal issues later.

Effective Solution: Both parties should sign a written agreement on child support, with signatures and notarization if necessary — especially when one party lives abroad.

How to Handle Divorce Involving a Foreign-Residing Spouse: Key Legal Insights

Conclusion: Don’t Let Divorce Turn into a Battle – Handle It Legally and Wisely

Divorcing a spouse who lives abroad may seem complicated, but with the right legal knowledge, complete documentation, and reliable legal support, the process can be resolved quickly and lawfully.

DEDICA Law Firm has successfully assisted many clients in handling international divorce cases. With our team of dedicated and experienced lawyers, we not only manage the legal paperwork but also walk with you as you start a new chapter — safely and lawfully.