Home - Law Office of Matthew Triet Vo - #1 Vietnamese Estate Planning Attorney in San Jose 408-978-7076 The Premier Law Firm in the Bay Area of California The Law Office of Matthew T. Vo is specialized in areas of estate planning, family law, personal injury, and immigration. Learn More Contact Us Services We Provide Estate Planning 5 Actions to Take if Your Spouse Refuses to Sign Divorce Papers. 1. You Do Not Need Your Spouse's Consent to Obtain a Divorce. Long gone are the days when one spouse might need the other's consent to obtain a divorce. Now, consensual, or uncontested, divorces may be easier, but they are not required. You have the right to file for divorce Allow 10-working days for the application to be processed, verified, and evaluated. However, actual application processing time should be expected to take up to 25-working days. Following the interview (s), the couple will be informed of when to expect the results of the interview and receive the act of marriage certificate. Leyna Nguyen is a three-time Emmy Award-winning American-Vietnamese journalist, retired TV anchor, and reporter. She is best known for her working on CBS2 and KCAL9 in Los Angeles for two decades from 1997 to 2018. Also, she has worked for KCAL-TV in Los Angeles as an anchor at 4 pm and 9 pm. She was born on December 13, 1969, in Đông Hà Louisiana - $47,905 (low marriage & divorce rate) Alabama - $49,861 (high divorce rate) Kentucky - $50,247; Oklahoma - $51,924 (high marriage & divorce rate) South Carolina - $52,306 18 ; Median income levels across the U.S. Income also impacts the decision to get married, which in turn has an indirect effect on the rate of divorce. Vay Tiền Nhanh. Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or is the condition of divorce?Firstly, we need to know about subjects being entitled to request divorce is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s of divorce by mutual consent If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the at one party’ s request If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam divorce involving foreigner or oversea Vietnamese, an important condition is permanent of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child divorce lawyers in Vietnam could help?In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest Does your spouse agree on the divorce?Is there any dispute of property ownership?a Current status of your family;b Your respective contribution to the creation, maintaining, and development of the property;c Your lawfully rights and interests;d Your respective fault in violation of wife/husband rights and obligations such as adultery; ande you have children? A misery moment, an escape, or just a “break up”, no matter how you describe a divorce, you must at least know how to end your marriage legally. These are three things you need to care about Does your spouse agree on the divorce? In Vietnam, procedure and jurisdiction for mutual consent divorce differs from the unilateral divorce one. For instance, under the Civil Procedure Code 2015, the Court where your spouse’s current or permanent address is located has jurisdiction over your unilateral divorce. While in mutual consent divorce, it can be your address. Maybe you’re interested in Procedure for unilateral divorce in Vietnam 2020 Procedure for unilateral divorce in Vietnam 2020 Is there any dispute of property ownership? Although agreeing on the divorce, you could struggle to reach an agreement on your properties division. You may request the Court to decide on such matter. In Vietnam, judges may base their decisions on your contribution to the properties in dispute, and consider many factors such as a Current status of your family; b Your respective contribution to the creation, maintaining, and development of the property; c Your lawfully rights and interests; d Your respective fault in violation of wife/husband rights and obligations such as adultery; and e Etc. Division of property does not necessarily mean physical division. The Court in Vietnam may award each of the spouses a percentage of the total value of the properties. For instance, in a 50/50 split, you are awarded the house accounting for 70% of the joint properties but you must pay your spouse an equivalent of 20% to make up for the difference. Maybe you’re interested in Division Of Property After Divorce in Vietnam And Everything You Need To Know Division Of Property After Divorce in Vietnam And Everything You Need To Know Do you have children? When you divorce, you will need to figure out where and with whom your children will live. Both of you should decide who will have legal responsibility for making decisions for them. You will also have to decide how they will be supported financially. If you and your spouse cannot agree on these issues, the Court will decide them for you. In Vietnam, to decide who has the right to child custody, the Court may consider many factors with respect to your children, such as the ability to raise them, financial status, etc. including the children’s opinion on the matter, if they are above 07 years old. If the children are below 36 months old, the mother will get the custody except the case when she cannot guarantee necessary care for them. If you are struggling to find a reputable law firm for consulting on divorce procedure in Vietnam, please contact us P & Associates is a professional law firm established in Vietnam and currently has nearly 100 members working at three offices in Ho Chi Minh City, Hanoi and Da Nang. P & Associates is also considered to be one of the leading law firms specialising in law on business in Vietnam, which has a number of notable practice fields in the legal market such as Labour and Employment Consulting, Banking and Finance Law, Taxes Consulting, Purchases, Selling and Merging, Dispute Resolution in Vietnam, and IPO advisory services. We are confident of bringing to you good consulting lawyers able to provide the most effective and utilizing solutions that suit your need. Your access to this service has been limited. HTTP response code 503 If you think you have been blocked in error, contact the owner of this site for assistance. If you are a WordPress user with administrative privileges on this site, please enter your email address in the box below and click "Send". You will then receive an email that helps you regain access. Block Technical Data Block Reason Access from your area has been temporarily limited for security reasons. Time Sun, 11 Jun 2023 230934 GMT About Wordfence Wordfence is a security plugin installed on over 4 million WordPress sites. The owner of this site is using Wordfence to manage access to their site. You can also read the documentation to learn about Wordfence's blocking tools, or visit to learn more about Wordfence. Click here to learn more Documentation Generated by Wordfence at Sun, 11 Jun 2023 230934 computer's time . LEGALIZATION OF DOCUMENTS FOR MARRIAGE REGISTRATION IN VIETNAM A non-Vietnamese citizen, seeking to get married to a Vietnamese national, may submit in person or by mail his/her file of required documents for marriage registration to the Embassy of Vietnam in Washington, DC, for the authentication/legalization of the papers before taking them to Vietnam for subsequent procedures. Documents to be authenticated at the Embassy I. A Regular Dossier Includes 1. Application for Marriage Registration in Vietnam , your photo, provide your information, sign your name. Leave blank the column of the other applicant in Vietnam. 2. Affidavit of Single Status 3. Certificate of No-marriage Records issued by the State or County Vital Statistics Office within the last six months certifying that no marriage license or marriage record of the applicant has been found from his/her mature age of marriage age of 18 for female or 20 for male or since his/her divorce up to now or since his/her spouse’ death up to now. 4. Certificate of Good Mental Health issued by an authorized medical organization confirming that the applicant has no mental illnesses, or has a mental problem but not to the extent of losing consciousness of his/her own actions. 5. Biographic Information Sheet 6. Photocopy of the photo and signature pages of the Passport certified that it is true and exact copy from the original 7. Power of Attorney NOTE a The above-mentioned documents No 1,2,4,5,6 must be certified by a Notary Public the document is regularly issued by the Registrar or Court Clerk and the signatures of the Notary Public or Registraror Court Clerk must be subsequently certified by the State Department or its Office of Authentication of the State where the applicant lives before they are sent to the Embassy for legalization. The Embassy can certify only the signatures of the State-level Secretary of State. II. Divorced and Widowed Applicants In addition to the 6 above-listed documents, - Divorcees are required to submit the Divorce Decree after it has been certified by a Notary Public or a Court Clerk, and the State-level Secretary of State. - Widows are to submit a true copy of the Death Certificate of the previous spouse after it has been certified by a Registrar or a Notary Public, and the State-level Secretary of State. III. Power of Attorney for Submission of Application The foreign party can, with a power of attorney entrust his/her fiancee to submit the application package. The power of attorney is required to be authenticated by the Embassy after it has been certified by 1 a Notary Public, and 2 the State-level Secretary of State attached list. Fees Please pay by Money Orders or Cashier’s Checks Certified Checks payable to the “Embassy of Vietnam”. Mail back A self-addressed postage-paid return envelope. For the safety of your documents, please use only one of the following mailing services which provide tracking numbers Federal Express FedEx, or USPS Express Mail. If you use FedEx, please make sure that you put your name, address, FedEx account and phone number in both sender’s and recipient’s boxes. Please do not use other mailing services. Applicants applying together may provide one envelope for visas to be returned to the same address. Processing Time • Regular processing requires 5 – 7 working days. • Rush service requires 2 – 3 working days after the date of receipt of the papers. For further information, please contact the Consular Section of the Embassy Opening hours 900 AM – 1200 PM or 0200 PM - 0430 PM Monday through Friday at the Embassy For further information Tel. 202 436-6889 or 202 615-4141 Fax 202 861 0917 Website Address 1233 20th Street, NW, Suite 400, Washington, DC 20036 Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. Divorce lawyers in Vietnam will help advise if there are legal grounds to file for divorce in Vietnam or not. What is the condition of divorce? Firstly, we need to know about subjects being entitled to request divorce settlement. That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child. The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’s request. Conditions of divorce by mutual consent If both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce. Divorce at one party’ s request If a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other. Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws. For divorce involving foreigner or oversea Vietnamese, an important condition is permanent residence. First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad. Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. However this is very rare. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied. It is suggested to consult with divorce lawyers in Vietnam in the court proceeding to best protect the rights and interest especially involving property division and child custody. How divorce lawyers in Vietnam could help? In conclusion, divorce lawyers in Vietnam could help advise on the conditions to meet when filing for divorce in Vietnam. There are situations under Vietnam laws that it is not possible to file for divorce in Vietnam. For instance, two foreigners living in Vietnam might not be able to file for divorce in Vietnam because they do not permanently reside in Vietnam. There are situations that the wife is is pregnant, gives birth or is nursing an under-12-month child. Sometimes, it is not possible to locate the husband or wife because they go missing or disconnect or hide, hence it could be troublesome for the court to serve the divorce petition request. In such cases, the divorce lawyers in Vietnam could help advise and suggest solutions. How ANT Lawyers Could Help? Please click here to learn more about ANT Lawyers Marriage and Family or contact our lawyers in Vietnam for advice via email ant or call our office at +84 28 730 86 529

filing for divorce in vietnam