How to Handle Divorce When a Vietnamese Spouse Is Abroad and Refuses to Consent

In cases where one party is a Vietnamese citizen currently residing abroad and does not agree to a divorce, you still have the full right to file for divorce in Vietnam. The appropriate option in this situation is unilateral divorce. Let’s explore the details below.

1. Can You Get Divorced If One Party Is Abroad and Doesn’t Consent?

Yes, you still have the right to file for unilateral divorce in Vietnam.

Vietnamese law does not restrict the right to file for divorce simply because one party is overseas. If the other party refuses or is unable to return to Vietnam for mediation, the court can proceed under unilateral divorce procedures.

2. Which Court Has Jurisdiction Over Divorces Involving Foreign Elements?

In most cases, the People’s Court at the provincial level in Vietnam has jurisdiction to handle divorce cases involving foreign elements.

If the residence of the party abroad cannot be determined, you may file your petition with the provincial-level People’s Court where you (the petitioner) currently reside or where the respondent last resided in Vietnam.

3. What If the Address of the Spouse Abroad Is Unknown?

If the address of the respondent who is living abroad cannot be identified:

• If their address cannot be confirmed even through relatives, the court may consider that the respondent is intentionally concealing their address and proceed with an in-absentia trial under standard legal procedures.

• After the trial, the court will send the judgment to family members and also publicly post the ruling at the commune-level People’s Committee where the respondent last resided in Vietnam to ensure the right to appeal is preserved.

4. Required Documents for Unilateral Divorce with a Spouse Abroad

You need to prepare the following:

• A completed unilateral divorce petition;

• Marriage certificate (original or certified extract);

• Copies of both parties’ ID cards or passports, certified;

• Birth certificate of the child (if any);

• Documents proving the respondent’s last known address in Vietnam (if available);

• Any evidence confirming the respondent is living abroad, such as immigration records or a request for the court to investigate and verify.

5. Divorce Proceedings at Vietnamese Court

Step 1: Submit the Dossier to the Competent Provincial Court

The court will accept and process your case once the dossier is complete.

Step 2: Court Processing and Mediation (if applicable)

In unilateral divorce cases, the court may attempt mediation (if necessary), or proceed directly to trial if mediation fails. The process may take 6 to 12 months or longer, particularly if international judicial assistance is required.

Step 3: Trial and Issuance of Divorce Ruling

If mediation fails or is inapplicable, the court will conduct the trial and issue a divorce decree according to the law.

6. Important Notes

• If the respondent intentionally withholds their address, the court can legally proceed in their absence and still issue a valid ruling.

• The case duration may be longer than usual, especially if it involves international judicial cooperation, legalization of foreign documents, and translation requirements.

• Assets abroad will be handled according to the laws of the country where the property is located, while assets in Vietnam will be governed by Vietnamese law.

Conclusion

In short, even if a Vietnamese spouse residing abroad does not agree to the divorce, you can still initiate unilateral divorce proceedings in Vietnam. Start by determining their address (if possible), prepare a complete dossier, and submit it to the competent provincial court. The trial may still proceed in the absence of the respondent. Given the complexity of such cases, it is advisable to seek legal advice from a reputable law firm to ensure a smooth process.

About DEDICA Law Firm

If you're facing such a situation, DEDICA is ready to assist you with:

• Legal advice on unilateral divorce with Vietnamese citizens residing abroad, identifying court jurisdiction, preparing your petition, and all necessary documents;

• Support in handling cases where the respondent is evasive, uncooperative, or their address is unknown;

• Guidance on property division and child custody when foreign elements are involved.

Contact DEDICA Law Firm for expert legal consultation!

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