married in thailand, could wife go to US to divorce me?

[jonwilly]

I got married in BKK.

I started divorce proceedings against my Thai wife.

I had to go to the Families Division of the Religous Court in BKK for the proceedings.

The Lady Judge was very sympathetic and awarded me my divorce.

 

john

[honestaboutthailand]

A suggestion for those who have never been married/divorced before; we all enter a marriage thinking that "this is the one".  However for those who have been divorced and are considering re-marrying "should" always consider the ramifications of a failed marriage prior to taking the legal plunge. As such, you should consult an attorney "prior" to becoming legally married in Thailand so that you understand if you need a pre-nup and/or what assets you may have at risk. You then will also understand the process of divorce (ask the questions!) so that you are entering the marriage with "eyes open". History is re-pleat with lessons of leaders who entered an "engagement or battle" expecting only to be victorious but were slaughtered because they had no contingency or fallback plans.

 

In relation to the OP, if you legally married in Thailand but DID NOT register the marriage with your consulate in the USA (or your home state), your divorce is strictly a Thailand divorce. She cannot file in the USA as she has no "standing" as the marriage is not registered so there is no jurisdiction. Also, for her to apply for a US Visa (travel or otherwise) she would have to disclose the marriage, which would then require that she have you on the documents and almost always present at the interview phase. If she did not disclose on the visa application, the first thing the consulate folks do is check criminal and marriage records. When they discover the marriage the application will be rejected for "false statements".

 

In Thailand, as many have stated, half of the assets acquired during the marriage are at risk. If those assets are only in Thailand, then the Thai court has jurisdiction. If they are in other countries, it would be a long and expensive process for her to try to "attach" those assets to a Thai divorce decree.

 

Your best bet is to have a "friendly" conversation with her and mutually agree to divorce. That can be done in a day. If she does not agree, you still need to file to establish a "firm" separation date in regards to debts and assets, but your divorce will not be final for a couple of years.