Getting divorced while on marriage visa

[topswijaya]

Dear all,

 

In case of getting divorced ( for whatever reason) while on marriage visa, how many day can you stay legally in Thailand after Thai wife/husband file for a divorce?

Can you return to Thailand again after this divorce?

Thanks

Edited December 31, 2022 by topswijaya

[DrJack54]

As soon as divorce is finalized you need to exit.

You can reenter no problem.

If over 50 you could change to extention based on retirement. 

 

Edited December 31, 2022 by DrJack54

[puchooay]

@topswijaya

 

Are you on a visa from a consulate or an extension of stay from Immigration?

[brianthainess]

Do you have Thai kids ?

[topswijaya]

what if the divorcee has a child?

What happens?

[DrJack54]

12 minutes ago, topswijaya said:

what if the divorcee has a child?

What happens?

You could change from based on marriage to based on having Thai child. 

 

[DrJack54]

OP, assume that you have extension from a non O and not a multiple entry non O visa valid for a year.

If it is a ME non O the visa would remain valid after divorce unlike a extension. 

[problemfarang]

hi,

dont know will help you or not, but this is my divorce story 2 years ago. please keep in mind that it was heavy covid time.

 

what and how it should happen normally: you two go to the amphue and sign divorce papers. Bring your passport & copy first page, copy non-o just in case too. Real marriage certificate and a copy just in case. 1 thai national witness for you and 1 for your wife (ex) -up to her who she brings- sign the papers officer gives you. she/he will ask you if you have any children. if no he/she will ask 2-3 times again and will say like many years why no children. this is just to be sure there is no child. then just wait for the red color paper certificate which means you are divorced. this is one time paper so keep it as if its your heart. here if you have children the next question will be who will take care of them. now this is important and be very careful because if its her, at this point it means you are giving full rights (legally) to her unless you have no agreement between both sides via any written document. which means she can decide anything about them even the times you can see them. i suggest a lawyer. and a contract, trust me. 

 

after this, you need to go to the immigration (please note that there is zero chance that immigration will know you are divorced unless you or your wife tells them) and let them know you are divorced. again passport copy, divorce certificate and copy. just in case copy of her ID. just in case Kor2 and copy. she doesnt need to come. they will cancel your visa and will tell you that you have 1 day to leave the country. yes, no mercy at all. if you have children, you can tell them you want to extend (change reason of stay) and continue your visa because you have children. from here i dont know the procedure. i dont have a kid. but i can tell you they will ask some money to show you can, children birth certificates.. something like that.

 

if there is no reason you can stay in thailand, after leaving you can come back with a normal tourist visa or something you can take. if you have children but couldnt extend your stay in thailand you can get a non-o again with a children reason.

 

how i did: well, i trusted her after 8 years marriage and we just say ok i will take the new house and 1 of the cars, she will take 1 of the cars and the land (482 square meter) in her city, khon kaen. no contract nothing. and i will stay and continue in the new house, although the name is on her. after we divorced, i told her its covid time and i dont want to go back to my country and do visa again (im also working for the thai government here so to get non-b is easy) because i was not sure if i could come back again and i was right because seriously after 4 days all flights in the world landed. so i asked her if i can get her copy Id and house book so i can contact an agency and.. well you know to extend my visa as if im married. she agreed but she was kind of not ok because she has very very high government position and i mean it. she was not ok because she kinda scare if the agency learns shes in that position and they would want to use it for something... you know. (and its funny because the first thing agency asked me was her job, i told them shes a company worker) so the agency did everything. i got my 1 year extension basically illegally but all was ok. then because of covid i did second time with the agency but this time didnt tell my ex wife. (please note that for my first time using agency there was no covid visa or else. nothing was clear) after covid i left the country got my non-b and all was ok... till i went to changwattana to do my extension non-b. all paper work was ok no problems, then she was about the stamp it but she noticed my previous visa was non-o marriage... so she asked me to see my marriage certificate and wife ID. i was like omg, thats it. end of the game. i told her its non-b not non-o so why?! she told me she needs to connect the visas. the reason is i left the country without cancelling it at immigration so she needs to be sure im not doing something wrong about her while changing visa type. and she told me actually she must be here with me too. then she asked me if i have copy of them in my phone.. i was so lucky i had. then i asked her if i need to show again in my next extension she said no. so.. all is ok since then.

 

lessons learned and i think this is very important for you: after we divorced everything was good. we were friends. sending nice Line messages to each other and etc. house and my car was on her name but it seems there is no problem at all. So, i decided to buy a new car after 1.5 year we divorced, it was too old. plan was to give this car to the car shop and get the new car. shop told me she must sign some papers. i was like ops.. and then they noticed when she take the car she forgot to sign the car book, so shop told me its ok they dont need a signature. perfect. till, now for legal reasons they need to transfer the money to her account because its her car. well i called her and explained her the situation.. the first thing she asked was 15K from the car. i was like.. wait a minute you gave it to me and more i paid for it i paid for all cars, land, houses... aftre few minutes of talking she transfer the money to me without any 15K. i was shocked not expecting anything like this from her. well educated, seriously high position in the government... wow. the very next day she called me and told me to pay the house mortgage because she doesnt want that money loan on her name. and she told me i have 1 year to do.

 

i was so wrong not to listen other people including my mom. i should go to a lawyer and sign a contract which is saying she is giving me the full rights of this house and the car. all decisions about the car and the house are belongs to me but not other. she is giving me the right to live in the house till i willingly leave. if you have something like this GO TO A LAWYER AND DO THE CONTRACT! it will be a problem soon or later.......

 

im so sorry for your divorce... good luck

[Jack1988]

In case husband and wife agree to divorce do you have to book at amphur in advance or is not necessary?

[problemfarang]

14 hours ago, Jack1988 said:

In case husband and wife agree to divorce do you have to book at amphur in advance or is not necessary?

nope. its so easy just walk in and tell them you guys want to divorce, people will look at you like 'poor things' but no need booking or appointment. its a walk in thing. 

[Liquorice]

On 12/31/2022 at 4:53 PM, topswijaya said:

what if the divorcee has a child?

What happens?

Presume you have a 1 year extension of stay based on Thai spouse, which is a permit, not a visa, obtained at a local Immigration office, as opposed to a Visa obtained at a Thai Embassy/Consulate.

 

Without the above information, answers may differ.

Edited January 1, 2023 by Liquorice

[topswijaya]

59 minutes ago, Liquorice said:

Presume you have a 1 year extension of stay based on Thai spouse, which is a permit, not a visa, obtained at a local Immigration office, as opposed to a Visa obtained at a Thai Embassy/Consulate.

 

Without the above information, answers may differ.

if a divorcee has a ( or 2 or perhaps 3,4, etc) child and a locally obtained and periodically extended spouse permit, can he/she apply for a permit to look after his/ her child at local immigrarion office?

How long is this permit valid for?

Can he/she work legally with this children upbringing permit?

Thanks

[Liquorice]

On 1/1/2023 at 7:55 PM, topswijaya said:

if a divorcee has a ( or 2 or perhaps 3,4, etc) child and a locally obtained and periodically extended spouse permit, can he/she apply for a permit to look after his/ her child at local immigrarion office?

Yes.
 

On 1/1/2023 at 7:55 PM, topswijaya said:

How long is this permit valid for?

12 months.

 

On 1/1/2023 at 7:55 PM, topswijaya said:

Can he/she work legally with this children upbringing permit?

Yes.