Divorce in Absentia – When a Foreign Spouse Is Uncooperative in Vietnam

Divorce cases between Vietnamese citizens and foreign nationals can become highly complex when one spouse leaves Vietnam or refuses to participate in the proceedings. In such circumstances, Vietnamese law allows for divorce in absentia, ensuring that a spouse is not forced to remain in a legally irreparable marriage simply because the other party is unresponsive. According to this post, in order to help anyone in divorce matter, Apolo Lawyers (Tel: (+84) 903. 419. 479) will update and provide legal opinions.

1. Nature of Divorce in Absentia

Divorce in absentia refers to a situation where the Court proceeds with a divorce case without the participation of one spouse, usually because that person cannot be reached or refuses to cooperate.

In Vietnam, this often occurs when the foreign spouse has returned to their home country, changed contact details, or deliberately avoids communication. The Vietnamese Court, after taking reasonable steps to notify the absent spouse, may continue the case to protect the petitioner’s lawful right to divorce.

This approach reflects Vietnam’s commitment to ensuring fairness and access to justice in cases involving cross-border marriages, while still maintaining respect for due process and international standards.

Divorce in Absentia – When a Foreign Spouse Is Uncooperative in Vietnam

2. Challenges in Practice

a. Difficulty in Serving Documents Abroad

One of the main obstacles in these cases is the inability to serve court documents to the foreign spouse. This leads to:

• Delays due to judicial entrustment via diplomatic channels;

• Extended waiting periods before the Court can proceed by public notice.

b. Extended Processing Time

The process can take 12 to 24 months, depending on whether the foreign country cooperates and whether the spouse’s location is verifiable.

c. Enforcement of Judgments

Even after a successful judgment, enforcing issues such as child support, spousal maintenance, or division of overseas property remains challenging without a Mutual Legal Assistance Treaty (MLAT) between Vietnam and the other country.

3. How Apolo Lawyers Assists Clients

Divorce in Absentia – When a Foreign Spouse Is Uncooperative in Vietnam

At Apolo Lawyers, we provide comprehensive legal support to clients involved in divorce cases where one spouse is uncooperative or resides abroad:

a. Legal Consultation and Strategic Planning – Advising on legal options, potential outcomes, and the best course of action.
b. Document Preparation and Filing – Ensuring all necessary documents are properly prepared and compliant with Vietnamese law.
c. Representation in Court – Managing all proceedings, including cases heard in absentia.
d. Cross-Border Coordination – Assisting with judicial entrustment, document legalization, and foreign authority communication.
e. Post-Divorce Legal Services – Supporting clients in matters such as child custody, asset recognition, and enforcement.

With a team experienced in Marriage and Family Law in Viet Nam, Apolo Lawyers provides effective, lawful, and affordable solutions for clients navigating the complexities of cross-border divorce cases.

>> View more: Divorce Cases Between Vietnamese Citizens and Foreigners in Vietnam’s Courts: Legal Practices and Challenges

>> View more: Regulations to Be Aware of When Carrying Out Divorce Procedures with Foreign Elements