[FREE LEGAL ADVICE]
QUESTION:
I and my husband have many conflicts, so I have not lived together for 3 years. Before, I lived in Saigon but separated, then I went to America to live and work. When he said that he wanted a divorce to get rid of him. I also have personal plans so I agree to file with Court. But lately the situation is complicated, what if I can't come back from court?

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 205 and Clause 2, Article 207 of the 2015 Civil Procedure Code, during the time of preparing for a first-instance trial of the case, the Court shall conduct conciliation so that the involved parties can reach agreement on the resolution of the case. . Unless the involved parties cannot participate in the mediation because of a good reason, the mediation cannot be conducted.
According to Clause 1 Article 227 of the 2015 Civil Procedure Code: “The first valid summoning court, the involved parties or their representatives, the defense counsels of their legitimate rights and interests must be present at the session. court; If someone is absent, the trial panel must postpone the court hearing, unless that person has filed the request for trial in his / her absence. ”
According to Clause 2 Article 227 of the 2015 Civil Procedure Code: “The court to validly summon the second time, the involved parties or their representatives, the defense counsels of the legitimate rights and interests of the involved parties must be present at the session. court, unless they have their request for trial by default. If he is absent due to force majeure events or objective obstacles, the Court may postpone the trial ”.
According to Clause 1, Article 228 of the 2015 Civil Procedure Code, the Court still conducts trial in case the plaintiff or the defendant is absent from the court hearing and requests the Court to do the trial in absentia.

Contact your question, you are overseas and most likely not able to return to Vietnam because of the epidemic situation. This is the case when mediation is not possible. You may advance your request for trial by default and state good reasons for the Court to consider opening a trial by default. Conversely, if you do not have a request for trial by default, the Court will postpone the hearing and summon you a second time. Through two summons, if you do not appear but still do not have a petition, you may continue to postpone the hearing. This will both prolong the time to resolve the case and affect your rights.
From the above analysis, if you do not return to Vietnam in time, you should make a request for trial in absentia so that the Court will open the hearing immediately, without having to convene or postpone the trial many times.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 
In case you ever need detailed consultation, please contact us directly for specific advice.
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