Contested Divorce

[Activated]

Hi I am posting on behalve of a friend. She is a farmer with very little funds for lawyers and courts. She married a French national 8 years ago and after a few months the guy left for Canada after a fight and cut off all direct contact with her and they have been separated since. She asked multiple times for a divorce and he refused saying it was her problem now. He is now currently in a Canadian prison for pretty bad offenses so no chance of him returning to sign the paper at the amphur so this means going to court. Lawyers are admitting this is a very easy case as no children are involved and the length of time but are still quoting 30,000+ not including court fees and translations. Surely there is a law in Thailand that stops this happening or some form of free legal aid? If you can't afford the fees you are forced to be in a marriage for eternity?  Is there any other options she could use?

[expatjustice]

You don't need a lawyer to take this to court. It is only about the paperwork. If she is Thai it will be easy for her to read what paperwork she needs and do it all by herself. 

[Activated]

33 minutes ago, expatjustice said:

You don't need a lawyer to take this to court. It is only about the paperwork. If she is Thai it will be easy for her to read what paperwork she needs and do it all by herself. 

"A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances and representation of a Thai lawyer."

[MikeyIdea]

She should be able to do this for a minimum amount of money, probably not totally free though. Each province with an appeals court have a section where she can go to get free advice, they should be able to provide her both with free advice and a sample she can use (I have used them in Bangkok). She can also ask to talk to the district attorney (ajjagarn อัยการ). A third option is to contact one of the "free advice websites", they should help with advice, perhaps sample petitions. She could try calling Paveena Foundation, they mainly work with abused women but could perhaps advice or help.

 

It's possible for Thai's to legitimize their children in court for free if they have no money. That is a court process. There should be a way. I don't think translations are necessary. It will go through without. I doubt the lead judge will throw it out if she comes without a lawyer because she's poor and doesn't have money, they'll find a way. 

Edited April 20, 2021 by MikeyIdea

[expatjustice]

5 hours ago, Activated said:

"A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances and representation of a Thai lawyer."

 

of course, they are not gonna say "It is a process which you can totally do yourself by going to the court, asking there for free advice, being given a set of forms to fill out and continue the process yourself with mostly free advice. But here we will do it for you for 30,000 THB"... are they? 

 

[MikeyIdea]

4 hours ago, Activated said:

"A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances and representation of a Thai lawyer."

 

That's from a farang website. Sure, it will take 3 court appearances I would think, perhaps considerable waiting time but not a lot of money in a poor farmers case  

[MikeyIdea]

6 minutes ago, expatjustice said:

of course, they are not gonna say "It is a process which you can totally do yourself by going to the court, asking there for free advice, being given a set of forms to fill out and continue the process yourself with mostly free advice. But here we will do it for you for 30,000 THB"... are they

 

Dressing the right way (poorly), being polite and respectful, they'll help. I think a lawyer will have to sign the petition but I bet they'll help with that too.

 

[thaibeachlovers]

On 4/21/2021 at 2:52 AM, Activated said:

"A contested divorce, i.e. dissolution of the marriage by the judgment of the court in Thailand, will take considerably more time, money and requires several court appearances and representation of a Thai lawyer."

It's not a contested divorce. It's divorce by reason of abandonment.

The only reason I can see to want a divorce is to marry someone else, so they can pay the fees unless they just live together. Far as I know there is no punishment for living with someone other than husband- am I wrong?

[Activated]

On 4/24/2021 at 2:21 PM, thaibeachlovers said:

It's not a contested divorce. It's divorce by reason of abandonment.

The only reason I can see to want a divorce is to marry someone else, so they can pay the fees unless they just live together. Far as I know there is no punishment for living with someone other than husband- am I wrong?

She said she's sick of seeing his second name on her I.D and passport etc she feels like it's being held over her and she just wants her real second name back.

 

Thank you all for the help I have passed all info onto her so she can make her own choices.

[BritManToo]

5 hours ago, Activated said:

She said she's sick of seeing his second name on her I.D and passport etc she feels like it's being held over her and she just wants her real second name back.

 

30bht to change her name at any amphur office.

[thaibeachlovers]

On 5/8/2021 at 4:35 PM, Activated said:

She said she's sick of seeing his second name on her I.D and passport etc she feels like it's being held over her and she just wants her real second name back.

 

Thank you all for the help I have passed all info onto her so she can make her own choices.

If that's her biggest worry she must have an otherwise happy life. How often does she have to look at her ID card?

[tifino]

there are excerpts regarding Divorcee Thai Surname available on Wiki...   

 

" The "Surname Act of 1913" decreed that "married woman can bear her husband's surname or keep her maiden name" (Clause 6 of the act). A woman's right to choose her surname ended in 1941 with the passage of the "Personal Name Act 1941". The law forced women to use their husband's surname after marriage (Clause 13). The Personal Name Act of 1941 was revised in 1962. The 1962 law allowed a divorced woman to resume her maiden surname (Clause 13 of the "Personal Name Act 1962").       "