How to Get a Divorce When One Spouse Is Not in Vietnam? – Latest Updates in Vietnam

In today’s reality, many married couples no longer live together in Vietnam. One spouse may be residing, working, or studying abroad — while the other wants to end the marriage. So how can a divorce be carried out when one party is not present in Vietnam? Does Vietnamese law allow for divorce in absentia? And what steps are required for the court to accept and process the divorce?

1. Distinguishing Between Consensual Divorce and Unilateral Divorce When One Party Is Absent

1.1. Consensual Divorce – Do Both Spouses Need to Be Present in Vietnam?

A consensual divorce refers to cases where both spouses agree to divorce and have resolved all issues regarding child custody and asset division. However, Vietnamese law requires a court-conducted reconciliation session before granting a consensual divorce.

If either spouse is absent and unable to participate in the reconciliation, the court will not proceed and may dismiss the case. Therefore, in practice, a consensual divorce cannot be carried out when one party is abroad and unable to be present or legally represented.

1.2. Unilateral Divorce – A Solution When One Party Is Not in Vietnam

This is the most common option when one party is absent, uncooperative, or their whereabouts are unknown. The remaining spouse may file for a unilateral divorce at the competent court in Vietnam.

The court can still conduct the hearing and issue a decision in absentia if certain conditions are met: the absent party has been summoned twice without appearing, their address is unknown, or they refuse to cooperate during the proceedings.

2. Step-by-Step Guide to Divorce When One Spouse Is Absent in Vietnam

Step 1: Prepare the Required Documents

The spouse requesting the divorce must prepare the following documents:

• Petition for divorce (specifying a request for trial in absentia, if needed);

• Original marriage certificate;

• Copy of national ID or passport;

• Birth certificate(s) of any shared children (if applicable);

• Documentation proving joint property (if there is a dispute);

• Documents proving that the respondent is residing abroad or their whereabouts are unknown.

Note: If the respondent’s address is unknown, the petitioner must provide their last known address in Vietnam or request public notice in accordance with civil procedure laws.

Step 2: Determine the Competent Court

In most cases, the district-level people’s court where the respondent resides (or last resided) in Vietnam will have jurisdiction.

If the case involves foreign elements (e.g., the spouse is a foreign national or living overseas), the case will fall under the jurisdiction of the provincial-level people’s court.

Step 3: File the Petition and Request a Trial in Absentia

Once the petition is submitted, the court will review and accept the case if the documents are valid. If the respondent cannot be summoned due to absence or unknown location, the court will post a public notice at their last known residence or the court’s notice board.

After two valid summonses without response, the court may proceed to trial in absentia in accordance with the Civil Procedure Code.

3. Legal Considerations for Divorce in Absentia in Vietnam

3.1. Divorce Cannot Be Fully Delegated to Another Person

Divorce is a personal right. The petitioner must sign and submit the petition themselves. It is not possible to authorize someone else to handle the entire divorce process. However, the petitioner may grant limited power of attorney for specific procedural tasks (such as submitting documents, receiving court notices, or attending hearings on their behalf).

3.2. Court Fees and Processing Time

• Court fee (without asset dispute): 300,000 VND;

• Estimated processing time: 4–6 months if all documents are complete and there are no complicated disputes.

If the respondent is living abroad, the court may request judicial assistance to serve documents, which could extend the process to 6–12 months.

4. Conclusion: Divorce When One Spouse Is Abroad Is No Longer a Barrier

Divorce is a significant and decisive step in personal life. Although the process may seem complicated, if the petitioner clearly understands the legal procedures in Vietnam and prepares the necessary documentation, a unilateral divorce in absentia is entirely feasible under the law.

DEDICA Law Firm has successfully assisted numerous clients in divorce cases involving foreign elements — ensuring legal compliance and minimizing processing time. If you’re facing a similar situation, don’t hesitate to take action today.

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