Divorce without husbands approval

[Nuuk]

Can a Thai woman, merriged in Thailand, divorce her from her U.S. husband without the approval and cooperation of the husband.

The couple has not lived together or seen each for four years. The husband refuses to sign the divorce papers. 

A lawyer has said to take the case, but she does not have the funds to pay the fee and eventual court expenses. 

Is it possible just to sign a divorce claim at the  district office, and let the time sort it out?

 

[kingstonkid]

Short answer is YES.  She has to serve him papers that she is legally filing for divorce.  See a good lawyer.  iT IS NOT GOING TO BE CHEAP

[happylarry]

The answer to your question is no, in order to divorce at the Amphur both parties have to be present and willing, unless the case has already been through court and you have a court order to present to the Amphur.

you say “ let the time sort it out”, so if time is not an issue then why bother at all?

HL

[radiochaser]

I  had that problem in the United States.  She would not sign the divorce papers.  

I moved to a different county, went to a different court, told them I did not know where she lived  The court required that I place an advertisement in the newspaper of the city she lived in, announcing the divorce, so that she might see the ad.  So I placed the ad in a city we had lived, but I was sure she was not living in.  
 

No response to the ad, court gave me a divorce effective 6 months later.  

This was in California.  

It may be different where the husband lives, but perhaps the woman can do something like that.  

I did not need an attorney.  

 

[natway09]

The short answer is yes. If it can be proved that the required forms have been delivered to him 

& no action taken by him to contest then after 12 months she can file

[shaurene]

12 years ago I meet my future  wife in Thailand. She was married but never see him for 4 yrs previously. She had 2 children with him, he was playing around and had another lady, my now wife told him to go, which he did he never helped her with the 2 children she looked after them. We decided we wanted to marry. She seen I Thai lawyer, it cost 14,000 baht. He took it to court, the husband never attended, the judge gave my lady the divorce and we got married. Was very easy. 

[dotpoom]

1 hour ago, kingstonkid said:

Short answer is YES.  She has to serve him papers that she is legally filing for divorce.  See a good lawyer.  iT IS NOT GOING TO BE CHEAP

"A lawyer has said to take the case, but she does not have the funds to pay the fee and eventual courtexpenses"?. 

[gaff]

The only short answer is NO if the one willing to divorce alone has no money.

As clear as water, nothing else to add.

 

 

[FitnessHealthTravel]

5 hours ago, kingstonkid said:

Short answer is YES.  She has to serve him papers that she is legally filing for divorce.  See a good lawyer.  iT IS NOT GOING TO BE CHEAP

BS mate.  She can serve the papers but that doesn't mean anything unless they both agree and show up. Look it up!

Edited September 4, 2018 by FitnessHealthTravel

[FitnessHealthTravel]

She can NOT.  You both need to file and show up at the proceedings. You need two witnesses and they ask questions like 1. Do you have Children together 2. Do you have assets and how are they going to be split and others.  Don't believe the BS here, chat with a Lawyer and they'll tell you.  It's all very legitimate and now meets the same criteria as many other countries to be 'recognized' in those countries.

[smotherb]

2 hours ago, FitnessHealthTravel said:

She can NOT.  You both need to file and show up at the proceedings. You need two witnesses and they ask questions like 1. Do you have Children together 2. Do you have assets and how are they going to be split and others.  Don't believe the BS here, chat with a Lawyer and they'll tell you.  It's all very legitimate and now meets the same criteria as many other countries to be 'recognized' in those countries.

If Thailand meets the same criteria of many other countries (e.g., US and UK); then a divorce without consent can be done. In the US some jurisdictions may make it more difficult, but it can be done. Worst case, file in another jurisdiction.   

[CanuckThai]

Plagiarized from Siam Legal:

 

1.  
2. One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
   1. one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offense committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
   2. the husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce

[eddieblue]

I've been separated from my wife for 8 year's how can I divorce her as she can't be found 

[blackcab]

An off topic post has been removed.

[Preacher]

On 9/7/2018 at 7:03 PM, eddieblue said:

I've been separated from my wife for 8 year's how can I divorce her as she can't be found 

Is she left you, you can file for divorce at the courts for reason of abandonment. You will need to publish in several newspapers that you want to divorce, so that she can be aware of the summons. 

 

A lawyer can guide you through the process.

[harrry]

On 9/4/2018 at 6:52 PM, FitnessHealthTravel said:

She can NOT.  You both need to file and show up at the proceedings. You need two witnesses and they ask questions like 1. Do you have Children together 2. Do you have assets and how are they going to be split and others.  Don't believe the BS here, chat with a Lawyer and they'll tell you.  It's all very legitimate and now meets the same criteria as many other countries to be 'recognized' in those countries.

That is not true you are talking about a divorce at the registry office which can bee done for a few baht if both agree with no waiting period. If that is not posible a divorce is obtained through the courts and only for grounds, the easiest of which is that the parties have not lived together for 2 years,  The court will insist on sending a letter to the other party, and may in fact do this a few times but they do not have to show and a divorce can still be given.  Lawyer costs are from 10000 baht and court costs are minimal. If the other party is in thailand the court gets her address for service from the house registration that is linked to her ID card which is referenced from the Marriage Certificate record.

 

Edited September 10, 2018 by harrry

[harrry]

One other little known fact is some countries may not recognise uncontested divorces in Thai Registry offices.  The UK is one of them.  I hate to think how many people are commiting bigamy in the UK.  It does have inheritance problems.

 

Quote

4. SET13.4 Recognition of overseas divorces which took place on or after 4 April 1988

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

• it is effective under the law of the country in which it was obtained; and
• at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

The term ‘judicial or other proceedings’ requires that there should have been some formal proceedings, either before a court or some other formal body recognised by the state for that purpose (for example, in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

An overseas divorce obtained otherwise than by means of proceedings is recognised in the UK if:

• it is effective under the law of the country in which it was obtained; and
• at the relevant date (that is, the date on which the divorce was obtained), both parties were domiciled in that country or one was domiciled there and the other was domiciled in a country which recognised the divorce; and

 

Edited September 11, 2018 by harrry