Ms. H.T. L (in Tuyen Quang) asked: "I married my husband through matchmaking. To be honest, at that time I was over 30, in my hometown I belonged to the "old maid" rank. I also worked as a worker at a garment company more than 100 kilometers from home, most of whom were female workers. Therefore, when my aunt introduced me to a distant niece who worked near my company, I nodded in agreement without hesitation.
After being married for a year, I gave birth to a daughter. When my child was not yet 2 years old, I gave birth to my second child. The two children were born close to each other, both husband and wife were from far away, living in a rented house, so I had to send my child back to my hometown to be taken care of by my maternal grandparents.
What is worth mentioning is that my husband refuses to work, and is addicted to gambling. When our second child was 8 months old, creditors came to the house, because he borrowed 1 billion VND at high interest to spend on gambling. Without money to pay, he ran away without saying a word to me.
For more than 3 years, he has never contacted my mother and me. I have searched, reported to the local authorities, even posted news in newspapers but still no news. My husband's family also searched and inquired about all his relationships but still did not receive any information.
Now my married life is in a deadlock, raising a young child alone, the creditor texts and comes to my house all day to demand debt. I just hope to end this marriage to stabilize my life. But many people say I cannot divorce because I don't know where my husband is. Please ask the lawyer, can my case be divorced? What should I do to make the Court accept my request?
Regarding the legal issue you asked, lawyer Duong Thu Hien - Thanh Lam Law Company Limited advises as follows:
Clause 14, Article 3 of the 2014 Law on Marriage and Family stipulates: "Divorce is the termination of marital relations according to a legally effective judgment or decision of the Court. The spouse or both of them have the right to request the Court to resolve the divorce".
Article 68 of the 2015 Civil Code stipulates the case of a person disappearing for two consecutive years or more as follows:
“1. When a person has been missing for two or more consecutive years, although all notification and search measures in accordance with the provisions of civil procedure law have been fully applied, but there is still no verified news about whether that person is alive or dead, then at the request of the person with related rights and interests, the court may declare that person missing. The two-year period is calculated from the date of knowing the final news about that person; if the date of the final news cannot be determined, this period is calculated from the first day of the month following the month of the final news; if the date and month of the final news cannot be determined, this period is calculated from the first day of the year following the year of the final news.
2. In case the spouse of the person declared missing requests a divorce, the court shall grant a divorce.
Clause 2, Article 56 of the 2014 Law on Marriage and Family stipulates as follows:
2. In case the spouse of the person declared missing by the Court requests a divorce, the Court shall grant a divorce.
Article 69 of the 2015 Civil Code stipulates:
The person managing the property of the person absent from the place of residence specified in Article 65 of this Code shall continue to manage that person's property when that person is declared missing by the Court and has the rights and obligations specified in Articles 66 and 67 of this Code.
In case the Court resolves for the wife or husband of the person declared missing to divorce, the property of the missing person is handed over to the minor child or parents of the missing person for management; if these people are not present, it is handed over to a relative of the missing person for management; if there are no relatives, the Court appoints another person to manage the property".
Based on the provisions of law, you can completely request a divorce from your husband. However, in this case, to get a divorce, you need to carry out two procedures. First, you need to file a request to the Court to declare your husband missing. This is a key legal step to serve as a basis for divorce. Currently, your husband has been missing for more than 3 years, you have searched and posted notices but still have no verified news about whether your husband is alive or dead, you have the right to request a declaration of your husband's disappearance. After receiving the court's declaration of disappearance, you file a divorce request to the Court for settlement according to the provisions of law.
When the Court grants her divorce from her husband, her husband's property (if any) is implemented according to Article 69 of the 2015 Civil Code.
Above is the lawyer's advice, hoping to help her remove her obstacles.
