Recommendations - Divorce Lawyer in Lampang?

[QPRFC]

Hi all,

 

I’m writing on behalf of a Thai lady in her 40’s who lives upstairs in my condo building. She is desperate to regain her freedom.

 

I’ll give some context rather than just jumping in and asking for a recommended cheapish divorce lawyer who must be located in Lampang area.

 

5 years ago she meet a German guy in his late 20’s, he promised her the world in Germany and is fairly wealthy from an inheritance…they got married in Lampang.

He got a marriage visa ASAP and took her to Germany with a return ticket.

 

After 2 weeks he found her a job in massage, not what she was promised but nevertheless a job.

 

After a few months her brother had a road accident and was critical in hospital, her mum also fell sick around this time. She returned home alone to Lampang.

Brother died, mum survived. Husband ignored her and didn’t even make contact.

 

She wanted to return to Germany but he refused to buy her a flight ticket.

 

For the past 4 years, he spends 50% of his time in Bangkok area and 50% in Germany. They have not seen each other since she left Germany. He still texts whenever he is in Thailand and wants to meet but will not pay for a ticket to Bangkok, probably just wants sex and to exert his controlling power. She is actually scared of him.

 

She asked for a divorce 2 years ago and he refused to sign anything. He continues to refuse and ignores her infrequent messages to him.

 

He told her that she doesn’t have the money to pay for a divorce lawyer.For the past 2 years she has been saving from her minimum wage as a cook in a hotel and just last week took out a bank loan as she is desperate for a divorce.

I have asked her, why not let it go? She told me about her freedom is being controlled by him and her Buddha says to get a divorce……even though this is a debt that’ll take her years to pay off.

 

So, I said that I could help in 2 ways, firstly write and post this on Thai Visa for recommendations of a divorce lawyer and secondly to attend any meetings she has with the lawyer/court for moral support.

 

PS. I am not interested in a relationship with her, I just want to help as I have time on my hands.

 

Thanks for reading and please try and restrain from posting hurtful comments irrespective of how amusing they may be. She will want me to read out the responses with the help of Google Translate.

 

[cornishcarlos]

Not much help but I think abandonment is cause for divorce. She should just be able to apply at the Amphur !! Maybe talk to them before getting an expensive lawyer involved. 

[QPRFC]

51 minutes ago, cornishcarlos said:

Not much help but I think abandonment is cause for divorce. She should just be able to apply at the Amphur !! Maybe talk to them before getting an expensive lawyer involved. 

Thank you for your contribution @cornishcarlos.

We visited the Lampang Amphur about 6 months ago and they said that he would need to sign paperwork to make it effective, alternatively use a lawyer. He is refusing to respond to her messages and doesn't want a divorce as he'll probably and rightly so, lose his Marriage Visa.

Maybe it would be worth visiting again as we may get a different staff member who is keen to assist and/or maybe she didn't mention abandonment on the first visit.

[cmsally]

It is my understanding that more than one year of abandonment in Thailand is grounds for divorce. Maybe the best plan of action would be to go to the local office that handles it and tell them she wishes to get a divorce on these grounds and ask them what would be needed. Make sure to tell them that she has not seen him for x years.

[cmsally]

3 minutes ago, QPRFC said:

Thank you for your contribution @cornishcarlos.

We visited the Lampang Amphur about 6 months ago and they said that he would need to sign paperwork to make it effective, alternatively use a lawyer. He is refusing to respond to her messages and doesn't want a divorce as he'll probably and rightly so, lose his Marriage Visa.

Maybe it would be worth visiting again as we may get a different staff member who is keen to assist and/or maybe she didn't mention abandonment on the first visit.

You would need to talk to someone high up and stress he lives outside Thailand and she does not know where to find him. Surely the whole issue of abandonment is when the other half goes and is probably out of contact. Logically the majority of these cases are not around to sign the paperwork.

[pagallim]

I doubt that Marriage Visa extension is the primary reason for his refusal, as each extension requires the presence of both parties at Immigration for the application, which obviously can't be the case here.

[QPRFC]

3 minutes ago, pagallim said:

I doubt that Marriage Visa extension is the primary reason for his refusal, as each extension requires the presence of both parties at Immigration for the application, which obviously can't be the case here.

I did not know that she needed to be present.

We were thinking that he forges her signature to renew the marriage visa.

Now, I'm wondering whether he says that she is sick and cannot attend at Immigration. He probably renews in Germany and gives some story that she has to stay in Thailand for work/family etc. (again I don't even know if you can extend a marriage visa overseas?!?)

 

Irrespective of what he does, her primary goal is a divorce anyway.

[pagallim]

5 minutes ago, QPRFC said:

I did not know that she needed to be present.

We were thinking that he forges her signature to renew the marriage visa.

Now, I'm wondering whether he says that she is sick and cannot attend at Immigration. He probably renews in Germany and gives some story that she has to stay in Thailand for work/family etc. (again I don't even know if you can extend a marriage visa overseas?!?)

 

Irrespective of what he does, her primary goal is a divorce anyway.

A marriage visa can be made overseas, with copies of the marriage certificate, wife's ID card, and house book.    If the visa/extension is made within Thailand then both have to attend Immigration.  I guess that she could contact Immigration, and quoting his name and passport number, find his visa status.   If he has used falsified documents to secure a visa, it would at the very least be revoked.   Good luck.

Edited May 11, 2019 by pagallim

[QPRFC]

A marriage visa can be made overseas, with copies of the marriage certificate, wife's ID card, and house book.    If the visa/extension is made within Thailand then both have to attend Immigration.  I guess that she could contact Immigration, and quoting his name and passport number, find his visa status.   If he has used falsified documents to secure a visa, it would at the very least be revoked.   Good luck.

Do you really think that Immigration would divulge his visa status to her?
She has a copy of his passport and of course their marriage certificate.

She told me that he has a copy of her ID card, house book and passport. So she believes that he is obtaining visa extensions in Germany.

[cmsally]

9 minutes ago, QPRFC said:

Do you really think that Immigration would divulge his visa status to her?
She has a copy of his passport and of course their marriage certificate.

She told me that he has a copy of her ID card, house book and passport. So she believes that he is obtaining visa extensions in Germany.

I don't know that they would divulge, but if she went there with the info. , she could ask to make a statement that they are separated and she is filing for divorce based on abandonment. That alone could mess up any visa application for him.

Basically saying if this was the case he would be using her documents under false pretenses. That should put up some flags at immigration and they may just divulge his visa status but maybe not.

[noise]

And don't forget that if he is making repeated trips to Germany and returning, there should be a TM30 in play.  With that being enforced now, it sounds as if there is more to the story than just wanting to keep the marriage visa.

[EricTh]

Your explanation of her history is quite confusing and not chronological and sometimes contradictory.

 

If the reason for him not agreeing to divorce is for him to go back to Thailand on a marriage visa.

 

The solution is for her is to go to immigration to inform them that her hubby lied and to have the visa revoked. If he forges her signature, just show that she wasn't in Germany at that time.

 

Once the reason is removed, then eventually he will sign the divorce letter. What are the advantages of doing a divorce? A wife can claim part of hubby's financial asset if she won the case.

 

 

Edited May 13, 2019 by EricTh

[QPRFC]

UPDATE

 

We visited Immigration and spent a few hours there trying to find the right person to discuss this matter with. After being given the round around between Investigations Dept, Administration Dept and the main Visa Services section on the ground floor, we finally spoke to somebody.

They took a full written report and photocopies of his passport, marriage certificate etc to investigate and get back to her.

 

Sure enough a few days later Immigration called her and said that they have opened an active case on this matter but cannot give any more details. They told her to go and collect a report from them to use in her divorce case.

 

So, she is back at the stage of needing to go through the divorce process.

I have recommended that she tries the Amphur again as the first time she visited (over a year ago) they told he to get a lawyer to deal with it. But from what I can gather, she didn't mention the abandonment situation and that he is possibly defrauding her signature in order to gain a visa (which in reality we don't have in writing but obviously for Immigration to open 'an active case' appears to indicate this to us).

[bkk6060]

I seriously have never heard of a man in his 20's marrying a Thai in her 40's.

Anyway, for you just be careful with a potential lawyer fee she may ask you for a loan.

I hope she can get a peaceful resolution to this issue.

[thaibeachlovers]

On ‎5‎/‎11‎/‎2019 at 8:37 PM, cornishcarlos said:

Not much help but I think abandonment is cause for divorce. She should just be able to apply at the Amphur !! Maybe talk to them before getting an expensive lawyer involved. 

Correct. It's 2 years, which she qualifies for. However, I think it has to be done at family court, not at amphur.

Far better asking on the marriage and divorce sub forum for the best advice.

[thaibeachlovers]

On ‎5‎/‎11‎/‎2019 at 9:33 PM, QPRFC said:

Thank you for your contribution @cornishcarlos.

We visited the Lampang Amphur about 6 months ago and they said that he would need to sign paperwork to make it effective, alternatively use a lawyer. He is refusing to respond to her messages and doesn't want a divorce as he'll probably and rightly so, lose his Marriage Visa.

Maybe it would be worth visiting again as we may get a different staff member who is keen to assist and/or maybe she didn't mention abandonment on the first visit.

I assume you mean extension on the grounds of marriage. He should have lost that anyway as they no longer live together, unless there is more to this than told.

[thaibeachlovers]

On ‎5‎/‎11‎/‎2019 at 9:38 PM, cmsally said:

You would need to talk to someone high up and stress he lives outside Thailand and she does not know where to find him. Surely the whole issue of abandonment is when the other half goes and is probably out of contact. Logically the majority of these cases are not around to sign the paperwork.

I'd assume that they were talking about a normal divorce, not a case of abandonment, as obviously there will be no way for the abandoning partner to sign anything.

[elektrified]

On 5/30/2019 at 3:28 PM, bkk6060 said:

I seriously have never heard of a man in his 20's marrying a Thai in her 40's.

Anyway, for you just be careful with a potential lawyer fee she may ask you for a loan.

I hope she can get a peaceful resolution to this issue.

Ummmm.... there are plenty of men under 40 married to Thai women 40+.

[YoungBrit]

On 5/11/2019 at 4:33 PM, QPRFC said:

Thank you for your contribution @cornishcarlos.

We visited the Lampang Amphur about 6 months ago and they said that he would need to sign paperwork to make it effective, alternatively use a lawyer. He is refusing to respond to her messages and doesn't want a divorce as he'll probably and rightly so, lose his Marriage Visa.

Maybe it would be worth visiting again as we may get a different staff member who is keen to assist and/or maybe she didn't mention abandonment on the first visit.

Surely he can't still be on a marriage visa from 5 years ago. It's needs to be sorted each year right so she would of needed to sign something? No?