Husband not in Thailand - need divorce

[justaphase]

A female Thai work colleague of mine is married to a Danish national and wants to divorce him. Due to a virus going around it's not possible for him to visit and do whatever is necessary. What are her option? She tells me he has a new girlfriend and he (says) is willing to come here once the situation allows. Thanks in advance for any help.

[Grumpy one]

Tell her to hook up with the G/F

Husband is certain to rush back when he hears the good news

[justaphase]

Get some new glasses

[ezzra]

According to lawyer friend the husband must front the divorce court and be present in the divorce proceedings in person...

[Andyfez]

You must go together to the amphur for an amicable divorce.

As far as I'm aware, to force a divorce through just one party you must have separated for 3 years.

In case the divorce is disputed, there should be no financial support given during those 3 years or the court could consider the couple 'not separated'.

If he is living in his home country he should be able to divorce you from there? And then you can register the divorce papers at your amphur?

Edited October 26, 2020 by Andyfez

[justaphase]

So do you think she can send him the papers and he can sign them, return them and the amphur will accept?

[kingstonkid]

She needs to talk t

11 minutes ago, justaphase said:

So do you think she can send him the papers and he can sign them, return them and the amphur will accept?

Not sure if you can do that here but I did it in canada ex sent me the notification.

[RichardColeman]

18 hours ago, justaphase said:

he (says) is willing to come here once the situation allows. Thanks in advance for any help.

OK, advice : wait

[Scott]

Off-topic, troll posts removed along with replies.  If you cannot be helpful then don't post.  

 

[mrwebb8825]

If it's uncontested see if she can mail the papers to him and he sends them back with 2 signed copies of his passport and then video chat him at the amphere's office for extra proof.

[colinneil]

20 hours ago, ezzra said:

According to lawyer friend the husband must front the divorce court and be present in the divorce proceedings in person...

Nonsense, my ex divorced me 10 years ago, i knew absolutely nothing about it until 9 months later.

 

[BritManToo]

2 minutes ago, mrwebb8825 said:

If it's uncontested see if she can mail the papers to him and he sends them back with 2 signed copies of his passport and then video chat him at the amphere's office for extra proof.

Impossible.

Amphur head can only grant divorce when he is certain both parties agree to the divorce and the conditions.

Which is why if the Amphur head can't speak English, you need an interpreter for the foreign spouse. 

If you can't both appear in person, it has to be done by the court.

[donnacha]

2 minutes ago, colinneil said:

Nonsense, my ex divorced me 10 years ago, i knew absolutely nothing about it until 9 months later.

 

It can sometimes be hard to pick up on their subtle signals.

 

[justaphase]

Thanks folks for your advice, and a big kick in the sack to the usual <deleted> takers.

[colinneil]

It is laughable reading some of the posts on this thread form so-called experts, who actually have no idea what they are talking about.

My case, i left Thailand 26th feb 2010, my ex divorced me near the end of march.

So all this about both parties having to agree, both parties being present, having to wait 3 years is  laughable.

Anything can be done here if a person parts with money, anything.

Before any of you start having a go at me saying i am wrong, it was another member on here who told me about being divorced and gave me a copy of the divorce paper.

[Tagged]

21 hours ago, ezzra said:

According to lawyer friend the husband must front the divorce court and be present in the divorce proceedings in person...

Why he have to go to Divorce court? He only need to show up at the Ampur they got married with two witnesses each. Sign the papers and finished. 

 

If she want to do it alone, it is two or three years with his absence, and then she can get the court to annullate the marriage. I do not remember how long, but one below your reply say three years. 

 

Or she pays the money the court want, and off she go. 

[hotchilli]

22 hours ago, justaphase said:

A female Thai work colleague of mine is married to a Danish national and wants to divorce him. Due to a virus going around it's not possible for him to visit and do whatever is necessary. What are her option? She tells me he has a new girlfriend and he (says) is willing to come here once the situation allows. Thanks in advance for any help.

Tell her to get a new boyfriend, and wait for the borders to open and get a divorce later.

[Thai Dan]

She is not the first Thai national to want to divorce a foreign husband that has, for these intents and purposes, abandoned her.  All she needs to do is talk to her Amphor and they will advise her what is necessary in his absence.  There is no need for an expat or anyone else to help her.  All she needs to do is go ask the questions.

[khunPer]

23 hours ago, justaphase said:

What are her option?

Where was they married, Denmark or Thailand?

[tomauasia]

23 hours ago, ezzra said:

According to lawyer friend the husband must front the divorce court and be present in the divorce proceedings in person...

No court required. Which cornflakes box did you find imaginary lawyer.

You and your partner must go to the same Amphur you will married at a agree to divorce mutual takes 30 min.

You can't divorce if he not in the country

Would long and to expensive. Tell the Thai lady to wait

 

[connda]

Why the hurry?  What's it stopping her from doing? 

The Thai system for divorce is set up in a way as to encourage both parties to dissolved the marriage at the Amphur level as opposed to clogging up the courts.

As another poster noted, the courts aren't going to hear a case like that for up the three years and then the criteria for a divorce by a solo party is very strict.  Essentially abandonment and separation of three years time.

So, one way or another she'll need to wait.  The husband sounds like he's planning on returning when Thailand reopens the borders.  And if he doesn't?  Then three years after he left Thailand she can petition the courts.

Again.  What's the hurry?

[Tagged]

33 minutes ago, tomauasia said:

No court required. Which cornflakes box did you find imaginary lawyer.

You and your partner must go to the same Amphur you will married at a agree to divorce mutual takes 30 min.

You can't divorce if he not in the country

Would long and to expensive. Tell the Thai lady to wait

 

If she deny to divorce, then it is a long and hard process according to those I know have been trough it. 

 

Just remember if you still married, you still have obligations and as well responsibillity to your spouse, so if she does any illegal, and you have possisions like appartment, bank account etc, you might be forced to pay for her actions. 

[connda]

3 hours ago, colinneil said:

It is laughable reading some of the posts on this thread form so-called experts, who actually have no idea what they are talking about.

My case, i left Thailand 26th feb 2010, my ex divorced me near the end of march.

So all this about both parties having to agree, both parties being present, having to wait 3 years is  laughable.

Anything can be done here if a person parts with money, anything.

Before any of you start having a go at me saying i am wrong, it was another member on here who told me about being divorced and gave me a copy of the divorce paper.

One thing we all know about Thailand.  Money and connections do grease the wheels of bureaucracy and with enough ฿฿฿฿฿฿ and knowing the right parties?  Pretty much anything can be accomplished after the envelops have been passed around.  However, if you read Thai law or translations of Thai law, then the posters are correct.  It would be more interesting to know exactly how your ex accomplished a solo divorce.  The OP's lady-friend might be interested. 

[colinneil]

Just now, connda said:

One thing we all know about Thailand.  Money and connections do grease the wheels of bureaucracy and with enough ฿฿฿฿฿฿ and knowing the right parties?  Pretty much anything can be accomplished after the envelops have been passed around.  However, if you read Thai law or translations of Thai law, then the posters are correct.  It would be more interesting to know exactly how your ex accomplished a solo divorce.  The OP's lady-friend might be interested. 

Well mate, i do not know the answer to that, i tried several times to find out, but got nowhere.

 

[kingstonkid]

On 5/15/2020 at 10:43 AM, Mick501 said:

https://en.m.wikipedia.org/wiki/Capital_punishment_in_Thailand

 

7 executions by injection since 2003.  The last in 2018.  It is in use but very sparingly.

 

1 hour ago, connda said:

One thing we all know about Thailand.  Money and connections do grease the wheels of bureaucracy and with enough ฿฿฿฿฿฿ and knowing the right parties?  Pretty much anything can be accomplished after the envelops have been passed around.  However, if you read Thai law or translations of Thai law, then the posters are correct.  It would be more interesting to know exactly how your ex accomplished a solo divorce.  The OP's lady-friend might be interested. 

The challenge with the advice is that people are giving 2 different sceanarios and trying to use them the same.

 

YES if b oth people are in Thailand you can get a divorce at the amphur if you both go.

 

YES if one party does not want to or can not go to the amphur then you need to go through the courts with a lawyer.

[LeoCesar]

I understand that he is in Denmark.

Maybe the Thai embassy in Denmark can help with the matter,

they can check his ID  and verify that he is the right person and send all documents from there.

Try to call them and ask what they can do.

[Autonuaq]

Thai law has escapes. She can file for divorce when she meets the criteria. They easy one is ask for divorce after long time of separation.

Just send a few money send requests. And hope he not honors them.

Then also failed to provide the needed support..

 

Lookup for the reasons to get a divorce. And you can find 3 point that are needed. That wait and all is smooth in courts to get the divorce.

 

The gf rumors are hard to proof.

When gf rumor has been proven she also can file a law suite to her for final compensation due to interference in the marriage and the evening up in divorce.

 

[Stimo]

13 hours ago, Andyfez said:

You must go together to the amphur for an amicable divorce.

As far as I'm aware, to force a divorce through just one party you must have separated for 3 years.

In case the divorce is disputed, there should be no financial support given during those 3 years or the court could consider the couple 'not separated'.

If he is living in his home country he should be able to divorce you from there? And then you can register the divorce papers at your amphur?

 

13 hours ago, Andyfez said:

You must go together to the amphur for an amicable divorce.

As far as I'm aware, to force a divorce through just one party you must have separated for 3 years.

In case the divorce is disputed, there should be no financial support given during those 3 years or the court could consider the couple 'not separated'.

If he is living in his home country he should be able to divorce you from there? And then you can register the divorce papers at your amphur?

This is not true. I got divorced in 3 months and the separation period is 1 year. I went to Khon Kaen court. When my ex-wife didn't show up, the judge ruled in my favour. I then to took the court papers and went to to the Amphur of Khon Kaen. I need to 2 Thai nationals as witnesses and got divorced without even seeing my ex-wife.  

[Preacher]

Divorce by mutual consent can be done at any amphur, both parties don't even have to visit the same amphur. The Thai embassy acts as amphur, so he can sign the papers there and it will be sent to Thailand to the amphur in Thailand.

More info: contact the consular department of the Thai ministry of foreign affairs.

 

[tomauasia]

23 hours ago, Tagged said:

If she deny to divorce, then it is a long and hard process according to those I know have been trough it. 

 

Just remember if you still married, you still have obligations and as well responsibillity to your spouse, so if she does any illegal, and you have possisions like appartment, bank account etc, you might be forced to pay for her actions. 

Yes l got divorced before l left just in case she did anything that l could be accountable for.