[FREE LEGAL ADVICE]
QUESTION:
I am working in Japan, my husband is in Vietnam. We have a 6-year-old child together who is currently living with his grandparents. We have no common property. Is it possible for me to get a divorce now? Please consult a lawyer to help me.

ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
According to Clause 1, Article 51 of the Law on Marriage and Family 2014 on the right to request divorce settlement
1. Wife, husband or both have the right to request the Court to settle the divorce
According to Article 81 of the Law on Marriage and Family 2014 on the care, care, upbringing and education of children after divorce
1. After a divorce, parents still have the right and obligation to look after, care for, raise and educate their minor children and adult children who have lost their civil act capacity or are incapable of working, and have no property to support themselves according to the provisions of this Law, the Civil Code and other relevant laws.
2. Husband and wife agree on who directly raises children, obligations and rights of each party after divorce towards children; in case no agreement can be reached, the court shall decide to assign the child to one party to directly raise it based on the child's interests in all aspects; if the child is full 07 years old or older, the child's wishes must be considered.
3. Children under 36 months of age are assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, raise and educate the children or the parents have other agreements in accordance with their interests. child's benefit.
According to Clause 1, Article 28 of the 2015 Civil Procedure Code on Marriage and Family Disputes under the Court's jurisdiction
1. Divorce, dispute over child rearing, property division upon divorce; property division after divorce.
2. Parents and other relatives have the right to request the Court to settle a divorce when one of the spouses, due to mental illness or other diseases, cannot perceive and control his/her acts. are victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health and spirit.
3. Husband has no right to request divorce in case his wife is pregnant, giving birth or raising a child under 12 months old.
According to Point a, Clause 1, Article 37 of the 2015 Civil Procedure Code on the Jurisdiction of the Provincial People's Courts
1. Provincial-level People's Courts are competent to settle according to first-instance procedures the following cases:
a) Disputes about civil, marriage and family, business, commerce and labor as prescribed in Articles 26, 28, 30 and 32 of this Code, except for disputes under the jurisdiction of the Court to settle district-level people's courts specified in Clauses 1 and 4, Article 35 of this Code;
According to Point a, Clause 1, Article 39 of the 2015 Civil Procedure Code on Jurisdiction of Courts by Territory
1. The territorial courts' jurisdiction to settle civil cases is determined as follows:
a) The court of the place where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has the power to settle disputes according to first-instance procedures. civil, marriage and family, business, commerce and labor as prescribed in Articles 26, 28, 30 and 32 of this Code.
According to Clause 4, Article 85 of the 2015 Civil Procedure Code about Representatives
4. The authorized representative under the provisions of the Civil Code is the authorized representative in civil proceedings.
For divorce, involved parties are not allowed to authorize others to participate in the proceedings on their behalf. In case parents, other relatives request the Court to settle the divorce according to the provisions of Clause 2, Article 51 of the Law on Marriage and Family, they shall act as representatives.

Regarding your question, according to the provisions of Clause 1, Article 51 of the Law on Marriage and Family 2014, spouses have the right to request the Court to resolve the divorce, so whether you are in Vietnam or abroad, you can file a petition to the Court for divorce. Besides, according to the provisions of Clause 1, Article 28 of the 2015 Civil Procedure Code, your case is a marriage dispute, so it will fall under the jurisdiction of the provincial People's Court where your husband resides under. specified at Point a, Clause 1, Article 37 and Point a, Clause 1, Article 39 of the 2015 Civil Procedure Code, you must submit the correct dossier at a competent court to be considered and resolved. According to Clause 4, Article 85 of the 2015 Civil Procedure Code, it only stipulates that the involved party cannot authorize another person to act on his/her behalf, but does not stipulate that the involved party cannot authorize another person to act on his/her behalf. I submitted the application, so if you are still working in Japan and cannot return at this time, you can authorize your relatives to submit the application on your behalf. Besides, because of the complicated developments of the epidemic situation, the Court does not accept direct submissions, so you can submit your application online via the National Public Service Portal.
In addition, according to Article 81 of the Law on Marriage and Family 2014, children under 36 months old will be directly raised by their mother, but now your child is 6 years old, so the custody rights of both husband and wife are the same. You can agree in advance with your husband on the division of custody of the children, if not, you can ask the Court to resolve. In this case, the Court will base on factors such as: material conditions (conditions for eating, living, living, studying...), mental conditions (time to take care of and educate children, education level, etc.) education of parents…);… to assign custody of children. Those who can create better conditions for their children are more likely to win custody.

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