In today's increasingly globalized society, it is no longer uncommon for Vietnamese citizens to marry foreigners. However, when the marriage is no longer happy and one party wishes to end the legal relationship, many complications arise—especially when the other spouse lives abroad and is completely unreachable. So how can one legally process a divorce in such cases?

When the Love Is Gone, but You Can't Go Your Separate Ways

Ms. T, a Vietnamese citizen, married Mr. S, a U.S. national, in 2014. After registering their legal marriage in Tien Giang Province, Mr. S returned to the U.S., while Ms. T remained in Vietnam. Initially, they stayed in contact via text messages and social media, but over time, cultural differences and physical distance caused their relationship to deteriorate.

Ms. T shared that recently, Mr. S had been unreasonably jealous, frequently insulting her with offensive language via social media and text. Worse yet, during his visits to Vietnam, Mr. S openly engaged with another woman. Despite numerous attempts to reconcile, Ms. T received no cooperation from her husband, leading her to file for divorce at the People’s Court of Ho Chi Minh City.

The issue escalated when Mr. S—residing in California—completely ignored all court notifications and legal summons from the Vietnamese authorities. So, in such a situation, can the court still proceed with the divorce?

How to Divorce a Foreign Spouse When the Respondent Is Absent

1. Ensuring Proper Legal Procedures When the Respondent Is Overseas

Ms. T’s case is a prime example of a cross-border divorce where one party intentionally avoids legal cooperation. To address the issue, the following steps were taken:

Determine Jurisdiction: According to Clause 2, Article 123 and Clause 1, Article 127 of the Law on Marriage and Family, a Vietnamese court retains jurisdiction to hear the divorce case if one party is a Vietnamese citizen residing domestically—as was the case with Ms. T.
Proper Judicial Entrustment: Coordinating with the court, legal documents were sent via the Ministry of Justice to U.S. authorities for delivery to Mr. S. Although he did not respond, judicial entrustment was completed three times as required by law, demonstrating the petitioner’s goodwill and ensuring procedural legality.
Request for Trial in Absentia: When both petitioner and respondent are absent from the hearing but a written request for trial in absentia is submitted along with valid documentation, the court may proceed under Article 228 of the Civil Procedure Code.

2. Establishing Grounds for Divorce Based on Marital Breakdown

During the first-instance trial, the judging panel evaluated:

The marriage lacked emotional connection.
No cohabitation since the wedding.
Evidence of disrespect and insult from the respondent.
The respondent’s complete non-cooperation throughout proceedings.

Based on these facts, the court granted Ms. T’s petition and approved the divorce under Clause 1, Article 56 of the 2014 Law on Marriage and Family. The marriage certificate was declared void.

Key Takeaways for Divorcing a Foreign Spouse Without Entering a Legal Limbo

From actual legal experience, DEDICA shares some vital lessons for those seeking a divorce from a foreign spouse who is missing or intentionally unresponsive:

1. Identify the Respondent’s Actual Place of Residence

This is essential for valid judicial entrustment. Without a confirmed address, court notifications may be deemed invalid, leading to case suspension.

2. Provide Comprehensive Evidence of Marital Conflict

Text messages, emails, social media posts—these are critical to demonstrate that the purpose of marriage has not been achieved. DEDICA supports clients in compiling and logically organizing this evidence to present a strong case in court.

3. Follow Proper Procedure for Trial in Absentia

This is an effective approach to avoid delays caused by the unresponsive party. However, the trial must comply with Article 228 of the Civil Procedure Code to avoid procedural appeals later.

Conclusion

Divorcing a foreign spouse—especially one who deliberately remains “silent”—is a legally complex process requiring persistence and professionalism in preparing documentation and legal steps. However, as in Ms. T’s case, with proper procedures, adherence to the law, and the support of experienced legal counsel, individuals can regain their legal freedom and close a painful chapter of life.

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Divorce with a Foreign Spouse in Vietnam: What to Do When the Respondent Remains “Silent”?