A dedicated boutique law firm offering comprehensive legal services for foreigners and overseas Vietnamese planning to visit, return to, or settle in Vietnam.
About UsWhenever I am tasked with the Vietnam divorce procedure, the Vietnam War immediately comes to mind. Yes, you read that correctly, the Vietnam war(1) – I admit it.
Over the past 15-years, thele.blog have witnessed and experienced a plethora of divorce cases in Vietnam, and all share those common feelings of sadness, broken heartedness, and devastation that the Vietnam War brought to Vietnamese citizens, as well as the many the myriad of foreign soldiers that served as allied or opposing forces.
The only difference, thele.blog believe, would be the size and scale of the battle.
When the goals of a marriage cease to come to fruition, divorce may be the only option – easier said than done with respect to Vietnam’s traditions, customs and culture.
Vietnam divorce procedures are relatively complicated and probably takes much more time, consideration, attention, energy, and effort, between the two parties to end a marriage relationship than what either party might imagine.
Likewise, the Vietnam War took place over a 21-year period of time to come to a devastating end in 1975.
Ending a marriage relationship itself not only means ending the relationship between a husband and wife, it may also involve children and property.
In most cases, a divorce gradually becomes a battle over a few issues involving children such as:
01
Who will raise the children?
02
Who’s will pay children support?
03
How and where will the non-custodial parent visit their children?
04
Under what circumstances should the right of custody change ?
How will divorce likely affect the development of children, and the life of the former spouse? Neither thele.blog nor the parties of a divorce has the answer.
In fact, the parties of a divorce are so submerged in themselves that consideration for children’s emotional needs is often neglected.
While the petitioner of a divorce may still love and care about the respondent of a divorce, the fact is they have been hurt in some way, shape, or form that they avoid thinking about the future life of their ex-wife or ex-husband.
It even digs into more detailed issues of whether a spouse would be able/allowed to accompany the child/children to visit his/her home country? What if the other spouse refuses to sign necessary documents?
A reasonable person would say that the above issues are not a problem, but they in fact, are. It is a big problem when either spouse can’t be trusted, and attempts to manipulate the child/children into taking sides.
The only victim in this battle is, of course, the children.
See how is legal child custody determined here.
That’s no different to Vietnam War, I reckon. Having believed in different perspectives, the North thought that capitalization invaded the South, and unification became a MUST, while the South was concerned that socialism was a threat to the development of society.
As such everything had to be done to prevent the North from forcefully acquisitioning the South. The conflict was believed to have killed more than 2-million Vietnamese people(*). It was a massively expensive lesson for all to learn.
prior to having children with the Vietnamese spouse. If divorce occurs, the likelihood that a foreign father will get custody is zilch if they are not legally married to their child's mother.
spend a lot of time with that child and bond with that child so that if and when a divorce occurs, you have the love of the child on your side.
when your spouse is sending threatening, irrational, sarcastic messages to you, be sure to create a back up of Zalo and Viber and SMS messages to present as evidence.
be sure to obtain those as soon after birth as possible - hopefully before the mother is waist deep in postpartum depression.
Vietnam divorce procedure
The war between the two spouses, of course, may involve property, and under normal circumstances, the creation and development of any properties involved becomes joint, but once the marriage is dissolved, separation of assets is not an easy task, even when both parties are amicable with each other.
It is common to see a situation in which the spouses argue with each other to gain as much as possible. One or both even uses manipulation techniques to change the ownership of certain properties, such as stock, banking, savings, etc., before the war officially gets started.
The only benefactor from the battle is the lawyer. In the same approach, there was no such winner in the Vietnam War – the only winners were those whose wrongful views led by wrongful individuals on either side – the United States of America or Russia.
I am not blaming anything involving history, or in the past. What I am doing my best to say is that there is no winner in any war.
mutual collaboration is crucial, and it is the key to dissolving a marriage relationship in a happy manner.
Expediting a divorce often results in emotional damage for everyone involved – especially for any children of the marriage who deserve to live cheerfully despite their parents living apart from each other.
Vietnam divorce procedures, at first glance, could be described as a 4-step process that to include:
Our practicable tips are, settle the divorce professionally and peacefully, rather than making it a mess, or a battle – All are losers.
The Vietnam divorce procedure is not as easy as one may believes it is. It is best to consult with experienced and compassionate lawyers who are trustworthy and genuinely seek an amicable outcome that satisfies both parties. Doing a divorce alone – without the help of an honest legal professional – is not only a nightmare, but is emotionally and financially draining.
In any separation or divorce situation, the first priority must be that of any children from the relationship – their interests with respect to stability, safety, sustainability, and security must come first. Do not abuse or use them to advance your interests or to defeat the other parent. It is not appropriate for either the parents or the children.
Vietnam
It is possible to get a default divorce from your spouse if you cannot locate them. Though each state has its own procedures for this kind of dissolution, also referred to as divorce "in absentia," courts will generally require you to have made a diligent and reasonable effort to locate the other party before taking further action. The next step is usually to publish a notice in a newspaper that circulates in the area of your spouse's last known whereabouts, and to keep the notice in the paper for a minimum amount of time in order to provide an opportunity for them to respond. After you fulfill certain additional requirements that may apply in your state, such as filing affidavits regarding your efforts to notify your spouse of the divorce, the court can enter a divorce ruling without your spouse's signature. Working with a lawyer may be advisable under these circumstances, as the requirements for obtaining divorce by publication are complex in many states.
Legal separation effectively ends a relationship, and it is a judicially recognized separation between spouses. But the marriage is intact, and the spouses cannot remarry or enter into a domestic partnership with others. In contrast, a couple seeking a divorce asks the court to dissolve the marriage, most often based on the grounds that the parties have irreconcilable differences that have resulted in the breakdown of the marriage. A legal separation involves a court order setting forth the rights and duties of the couple while they are still married but living apart. Remaining legally married may prove advantageous for personal or financial reasons, and a court will divide property and determine alimony, child custody, and child support. Similarly, in divorce proceedings, the court also decides these issues. In a legal separation, this is called separate maintenance. In some states, a trial separation in which the couple sees whether they want to pursue a legal separation or divorce does not result in assets or debts being split. They remain marital property. A trial separation has no real legal effect and is not a legal separation. Other states interpret living apart as effectively concluding the accumulation of marital property. In other words, debts or assets that arise during this period would not be marital property. Finally, permanent separation typically results in the court viewing property as separate property of that acquiring spouse. Permanent separation may follow a trial separation or begin immediately when the couple lives apart.
In theory, you and your spouse may divorce in either state in which one of you resides. The majority of states require that a spouse reside in the state before filing for divorce in that state. Proof of residency may be required, and some states require six months of residency, while others require a year. If you and your spouse live in different states, you may divorce in either state in which one of you has met the residency requirements before filing. It may be to your advantage to file before your spouse, to save yourself the fees associated with traveling to the other state for court appearances, for example. It is important to note that a court must have jurisdiction, or authority, over the nonresident spouse in order to make decisions regarding property division, custody, and alimony. The nonresident spouse must be personally served with divorce papers or consent to jurisdiction. Consent includes appearing in court at the appropriate date or signing an affidavit of service, acknowledging receipt of the legal documents. Another method of consent is following the rules of the court, such as abiding by the court-ordered child support?
In the absence of a dispute involving property, the first-instance court fee in a divorce case is 300,000 VND; disputes involving property are assessed court costs that are determined by the value of the property. The schedule of court fees involving a dispute over property are shown below:
If during any mediation session, a consensus is obtained, then the court will make a decision recognizing the parties’ consent. The validity of such a decision is similar to a court decision itself as it is a binding decision upon the parties - terminating the marriage relationship and any relative legal issues thereafter.
Although Vietnam law provides a timeframe for each and specific procedure to take place, there is no definite answer to the question of how long a Vietnam divorce case should last. Our experience indicates that it should take 3 – 6 months on average to settle a Vietnam divorce case involving foreigners. One such divorce case that comes to mind, lasted two and a half years.
The question of how legal child custody determined is subject to a set of diversified reasons affecting different effects for legal child custody, such as age, education, family support, lifestyle perspective, and so son. See our detailed article directed at how is legal child custody determined here.
Prenuptial agreements can help couples with significant income or wealth disparities avoid bitter disputes if the marriage ends.
Should you believe that the Vietnam divorce procedure is an issue, don’t hesitate to let us know. Our experienced lawyers will certainly be able to help you through the painful process with ease.
28 Mai Chi Tho St., An Phu Ward, Thu Duc City, Ho Chi Minh, Vietnam
hi@thele.blog
+84-916-545-618
(1) All the pictures/photos come from this post.
© 2023, All rights reserved