How to Get a Divorce When the Husband Refuses to Attend Court?

15:26, 11/07/2024

Article 51 of the 2014 Law on Marriage and Family stipulates divorce upon the request of one party as follows: When either the husband or the wife requests a divorce and reconciliation at the court is unsuccessful, the court shall grant the divorce. The granting of this divorce is based on whether the husband or wife has committed acts of domestic violence or has seriously violated the rights and obligations of the husband or wife, causing the marriage to fall into a serious state, making cohabitation impossible, and the objectives of the marriage unachievable.

Thus, you have the right to unilaterally file for divorce and submit a petition to the court for resolution. In the case that your husband does not cooperate and does not come to the court to resolve the divorce, according to the stipulations in Clause 1, Article 238 of the 2015 Civil Procedure Code, the court will base on the documents and evidence in the dossier to conduct a trial in the absence of the involved parties or other participants in the proceedings under the following conditions:

- The plaintiff, or the legal representative of the plaintiff, has submitted a petition for trial in absentia;

- The defendant, person with related interests and obligations; the legal representative of the defendant, person with related interests and obligations has submitted a petition for trial in absentia or has been duly summoned for the second time but is still absent;

- The protector of the legal rights and interests of the plaintiff, defendant, person with related interests and obligations has submitted a petition for trial in absentia or has been duly summoned for the second time but is still absent.

According to the aforementioned regulations, if your husband has been summoned for the second time and he is still absent without reason, the Court will continue to resolve the divorce case between the two of you in accordance with the law.

Lawyer, Master Pham Thanh Binh

Bao Ngoc Law Firm, Hanoi

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