Divorce in Vietnam: No Ghosting Allowed! 👻🚫

Hey there, legal eagles and marital mavericks! Ready to dive into the wild world of Vietnamese divorce law? Let's break it down, Ngọc Prinny style! 🏛️💼

Etymology Corner 🔍

Before we jump into this legal labyrinth, let's dissect the term "divorce":

• From Latin "divortium" = separation
• Via Old French "divorce" = legal dissolution of marriage
• To English "divorce" = to legally end a marriage

So, "divorce" literally means "to go separate ways". Who knew splitting up could be so... etymological? 🚶‍♂️🚶‍♀️

The Great Delegation Debate: No Proxies Allowed! 🚫👥

Can you outsource your divorce proceedings?

• 📄 Filing divorce papers: Yes, you can delegate this task.
• 👨‍⚖️ Court proceedings: Absolutely not!

According to Article 85, Clause 4 of the 2015 Civil Procedure Code:

• "For divorce cases, parties are not allowed to authorize others to represent them in legal proceedings."

This means:

• 🚫 No sending your lawyer or best friend to represent you in court
• 👫 You must personally attend divorce proceedings
• 🏛️ Your physical presence is required for the court to proceed

Exception: Parents or close relatives can represent a party in divorce proceedings only in cases specified in Clause 2, Article 51 of the Law on Marriage and Family. This typically applies when one spouse is mentally incapacitated or a victim of domestic violence.

The Vanishing Act: Can You Pull It Off? 🕴️

Can you ghost your own divorce trial?

1. 🤝 Mutual Divorce:
   • 🚫 No disappearing acts allowed!
   • 👫 Both parties must show up
   • 🕊️ Absence = Case dismissed
2. 🥊 Contested Divorce:
   • 📝 File a "Sorry, can't make it" note
   • ⚠️ Plaintiff no-show twice? Case dismissed!
   • 🙈 Defendant MIA? The show goes on without you!

The Absentee Dilemma: What Happens? 🤔

1. 🏃‍♀️ Plaintiff (filing for divorce):
   • 🚫 Miss twice = Case closed
   • 💔 Want another shot? Start from scratch!
2. 🙈 Defendant:
   • 🏖️ First absence = Court vacation
   • 🚫 Second absence = Trial proceeds in your absence

Who Gets the Kids? 👨‍👩‍👧‍👦

Custody Considerations:

• 👶 Children under 36 months typically stay with mom, unless she's unfit.
• 🧒 For older kids, the court considers:
  • 💰 Financial ability of each parent
  • 🏠 Living conditions
  • 💕 Emotional bonds
  • 🗣️ Child's preference (if 7+ years old)
• 💼 The court aims for the child's best interests.

Pregnant Pause: Divorce During Pregnancy 🤰

• 🚫 Husbands can't file for divorce if:
  • Wife is pregnant
  • Wife has just given birth (child under 12 months)
• 👩 However, the wife can still file for divorce in these situations.

Important Note: Even if the husband disagrees, he's still responsible for the child born during the marriage or within 300 days after divorce.

Child Support After Divorce 💸

• 💰 The non-custodial parent must pay child support.
• 📊 Amount based on:
  • Income of non-custodial parent
  • Child's essential needs
• 🏛️ Court can enforce payment if a parent refuses to pay.

Important Notes! 📌

1. Special Cases for Absence 🏥 • If you're absent due to force majeure or objective obstacles, the court may postpone the hearing. • You'll need to provide evidence of your situation.
2. Documentation for Absence 📄 • If you can't attend, submit a written request to the court. • Explain your reasons and ask for the trial to proceed in your absence.
3. Consequences of Absence ⚖️ • For contested divorces, if the defendant is absent twice without good reason, the court will still proceed. • Your absence doesn't stop the divorce - it just means you lose your chance to present your side.
4. Representing Children's Interests 👨‍👩‍👧‍👦 • If you have children, your presence is crucial for decisions about custody and support. • Absence could affect your rights and obligations regarding your children.
5. Property Division 💰 • Being present is vital for fair division of assets. • Absence could result in unfavorable property settlements.

In a Nutshell 🥜

• 📝 You can delegate paper filing, but not court appearances
• 👋 Your presence in court is non-negotiable (with rare exceptions)
• 📜 Always inform the court if you can't attend
• 👶 Child's welfare is paramount in custody decisions
• 🤰 Pregnancy affects who can file for divorce

Remember, divorce is a deeply personal matter in the eyes of Vietnamese law. It's like a breakup - you've got to do it yourself, no matter how awkward it might be! In Vietnamese law, the child's welfare is paramount. Parents' rights come second to the child's best interests. Don't ghost your responsibilities! 💔🏛️👶

🚨 Fun But Serious: A Brief Legal Disclaimer 🚨

Hey there, legal explorer! 🕵️‍♂️ Before you go...

• This article is like a map, not a teleporter 🗺️ It'll guide you, but won't zap your problems away!
• Each legal journey is unique 🦄 Your mileage may vary!
• For real-world quests, seek a professional legal wizard 🧙‍♂️ (May we suggest Thay Diep & Associates Law Firm?)

Remember: Reading this doesn't make you a lawyer, just like watching "Top Gun" doesn't make you a pilot! ✈️😉

#LegalInfo #NotLegalAdvice #ConsultAPro

#VietnamDivorce #LegalProceedings #CourtAppearance #NoProxyDivorce #ChildCustody #PregnancyDivorce #ChildSupport #VietnamFamilyLaw