When a Spouse Cannot Return to Vietnam: Is Divorce Still Possible?
When one spouse is living abroad and cannot return to Vietnam to handle divorce proceedings, many wonder: “Is divorce still possible?”
The answer is yes. According to Article 127 of the Law on Marriage and Family 2014, divorces involving foreign elements can still be resolved by Vietnamese courts.
However, there are two main scenarios:
Mutual Consent Divorce (both parties agree)
Unilateral Divorce (only one party requests it)
1. Mutual Consent Divorce: Possible Without Both Parties Being Present
✔ Necessary Conditions
Both parties agree to divorce and have reached consensus on property division and child custody (if any).
A request to proceed in the absence of one party must be submitted if that person is abroad.
✔ Jurisdiction
The provincial court where the spouse residing in Vietnam lives has jurisdiction. If living in border areas, district-level courts may also be applicable.
✔ Required Documents
Petition for mutual consent divorce + request for absence at hearing
Residency documents, passport (for the party abroad), household registration, ID card, children's birth certificates (if any)
Documents proving property ownership if already agreed upon.
Note: Foreign-issued documents must be consular legalized and translated into Vietnamese.
✔ Procedure
Submit documents directly or via post (or authorize a lawyer to submit).
The court will process the case, conduct mediation if needed, and organize a hearing without the absent party.
If all is in order, the court will issue a decision to grant the divorce even in the absence of one party.
✔ Expected Timeframe
Mutual consent: around 2–3 months
Unilateral divorce: around 4–6 months (first-instance trial)
2. Unilateral Divorce: When One Party Does Not Agree
✔ Legal Grounds
Governed by the Law on Marriage and Family 2014 and the Civil Procedure Code 2015. Either party, whether in Vietnam or abroad, can initiate the divorce.
✔ Conditions for Acceptance
There must be grounds showing marriage breakdown: violence, infidelity, or serious violation of marital obligations.
Mediation attempts must fail.
✔ Jurisdiction
Provincial court where the respondent resides or works in Vietnam. If the respondent’s address in Vietnam is unknown due to being abroad, the petitioner may choose the court where they themselves reside.
✔ Special Procedure for Absent Respondent
Submit respondent’s foreign address; request the court to verify via the Immigration Department
Provide proof of residence, passport, property, children, etc.
If the petitioner is abroad, documents must be consular legalized and submitted via the Vietnamese Embassy.
✔ Guiding Resolution
Official Dispatch No. 253/TANDTC-PC (2018) allows courts to proceed when the respondent “deliberately conceals their address or fails to respond.”
Conclusion & Practical Suggestions
Mutual consent divorce in absentia is a fast and smooth option if both parties agree and all documents are properly consular legalized.
Unilateral divorce is suitable when the other party refuses to return or cooperate. You must present valid evidence of marital breakdown.
Prepare documents carefully: make sure they are valid, complete, and properly translated/legalized.
Processing time: 2–6 months on average, possibly longer for unilateral cases or property/child custody disputes.
Remote legal support: A lawyer can represent you, submit documents, and attend court hearings in your absence—saving you from international travel.
➤ Facing a situation where your spouse cannot return to Vietnam for divorce? Consider these options:
Mutual consent divorce in absentia: cost-effective, quick process
Unilateral divorce services: requires legal support to prove marital breakdown, file a lawsuit, and request the court to verify the absent respondent.
Contact DEDICA Law Firm today for expert legal advice!
Phone: (+84) 39 969 0012 (We are available on WhatsApp, WeChat and Zalo)
Head Office: 144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City, Vietnam
Hours: Monday–Friday (8:30 am – 6:00 pm)
Call us now or leave us a message to get advice. Initial consultation is free of charge.
