05/08/2022 10:36

How to get a divorce when the husband has returned to the US?

How to get a divorce when the husband has returned to the US?

Currently, in Vietnam, the marriage relationship between Vietnamese and foreigners is no longer strange. However, it also has a lot of legal problems arising in the marriage relationship between them and causing difficulties for both parties such as marriage and divorce procedures... In which, one of the the most difficult issue is the divorce when the other has returned to the country.

Specifically, in Judgment 47/2017/HNGĐ-ST dated 24/07/2017 on applying for a divorce with foreign elements of the People's Court of Kien Giang Province for the first-instance trial:

“Ms. Ng and Mr. Lam Steven V knew each other through matchmaking in 2008 and officially lived together since 2009. They have registered their marriage at the People's Committee of Kien Giang province and were granted a Marriage certificate number 277, volume 02 dated December 4, 2009. After getting married, they lived together for a short time at Ms. Ng's parents' house and then Mr. V returned to the United States. From 2009 to 2013, Mr. V only visited her four times, they mainly communicated via phone. From 2014 to now, Mr. V has not returned to Vietnam and Ms. Ng has not been able to contact Mr. V. Because Ms. Ng finds that Mr. V no longer has feelings for he, She asked for a divorce from Mr. Lam Steven V. Moreover, she believed that If he continues to live as a husband and wife in one place, the marriage will not be happy.

After accepting the case, the People's Court of Kien Giang province carried out the procedure of judicial entrustment to the Embassy of the Socialist Republic of Vietnam in the United States to deliver the Notice of acceptance of the case, and at the same time take the testimony of Mr. Lam Steven V at the address provided by Ms. Ng at 6330 CAPE FORWARD DR HOUSTON TX 77083 - USA about Ms. Lam Thi Ng's application for divorce according to the provisions of Joint Circular No. 15/2011/TTLT-BTP -BNG- TANDTC, but Mr. V did not come to receive the notice and did not comment on the petition of Ms. Ng.

 According to Clause 5, Article 477 of the 2015 Civil Procedure Code of Vietnam:

5.Conduct trial in the absence of overseas involved parties in the following cases:

a) It has received the result of delivery of the procedural document to the involved parties by one of the methods prescribed in Clause 1 Article 474 of this Code and the involved parties have provided sufficient testimonies, documents or evidences and requested the Court to conduct trial in their absence;

b) It has taken measures mentioned in Clause 3 Article 474 of this Code.

c) It receives no notice from the competent authority mentioned in Clause 4 of this Article regarding the delivery result;

Therefore, the People's Court of Kien Giang Province adjudicated the divorce in the absence of the defendant at the request of Ms. Ng.

In conclusion, Divorce is the last choice when married life does not achieve the purpose of marriage. Procedures for settlement between the litigants who are Vietnamese citizens at present are not too complicated, but divorce with foreign elements is a long procedural story and many problems.

Thanh Ngan
80


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