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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9394
Experience:  since 1983
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Looking for an attorney to help a non us citizen sue us

Customer Question

looking for an attorney to help a non us citizen sue us citizen in divorce
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: husband in Odessa, texas, wife in vietnam
JA: Has anything been filed or reported?
Customer: hold on, let me copy and paste the whole story
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to have your opinion on whether is a case for my friend. If there is, please let me know
what your legal fee or retaining fee is.My friend: She is a Vietnamese born woman. She met her husband, a US Citizen, in 2006 and they were legally married in Vietnam in 2011. Her husband assured her that he would take care of the sponshorship process, and he asked her to wait for him in Vietman. For next couple of years, he traveled back and forth to Vietnam to visit her.After waiting for over five years, she found out that he now has two children with a girlfriend in the States, and he never bothered to file for marital dissolution first. Because her husband made her wait so long, she has lost her youth, and the ideal window of time for her to start a family has passed; she is already thirty eight years old. Therefore, she would like to know if it would be possible to get some kind of compensation for the years of deceit and the grief that her husband has caused her.
Please inform me at your earliest convenience if a case can be file
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
I would like to have your opinion on whether is a case for my friend. If there is, please let me know
what your legal fee or retaining fee is.My friend: She is a Vietnamese born woman. She met her husband, a US Citizen, in 2006 and they were legally married in Vietnam in 2011. Her husband assured her that he would take care of the sponshorship process, and he asked her to wait for him in Vietman. For next couple of years, he traveled back and forth to Vietnam to visit her.After waiting for over five years, she found out that he now has two children with a girlfriend in the States, and he never bothered to file for marital dissolution first. Because her husband made her wait so long, she has lost her youth, and the ideal window of time for her to start a family has passed; she is already thirty eight years old. Therefore, she would like to know if it would be possible to get some kind of compensation for the years of deceit and the grief that her husband has caused her.
Please inform me at your earliest convenience if a case can be file
Expert:  N Cal Attorney replied 10 months ago.

Thank you for your question.

I am sorry to hear this.

The courts in Vietnam have jurisdiction to make a divorce judgment and may award spousal support. Your friend can file for divorce based on adultery, see

http://vietnamlawmagazine.vn/marriage-termination-under-vietnams-current-law-4411.html

See also http://vietnamlawmagazine.vn/marriage-and-family-relations-under-private-international-law-in-vietnam-4402.html

which refers to Article 102 of

http://www.moj.gov.vn/vbpq/en/lists/vn%20bn%20php%20lut/view_detail.aspx?itemid=373 as granting jurisdiction in cases where a Vietnamese resident seeks a divorce from a foreign national. The fact that the were married there and lived there at least to some extent, will probably make it impossible for him to challege jurisdiction.

She could also sue in Texas but that would probably be burdensome, and she risks getting "hometowned" by a Texas judge.

She can find divorce attorneys in Vietnam listed by location here.

I would urge her to follow up on this with a local attorney.

I hope this information is helpful.