Divorce

[opengoal]

A friend of mine living in Thailand tells me his wife wants to divorce him and she is so adamant that if he refuses to sign the papers she has a way to make him sign. My friend for his own reasons does not want to sign any papers maybe his child or his visa status.

He feels that he has to force her hand because if shes up to no good with the opposite sex (other farang) and he signs then she can show her true colours without loss of face (because she is divorced)

He has suggested seperation for a period and she flatly refuses, its divorce or bust. He has been assured by her that he can have custody of their child but does not understand his rights under thai law.

He is not looking for moralistic advice but wants to know can he be forced to sign divorce papers (without the obvious gun to the head approach). Also, if he is given complete custody of the child his he going to have a problem further down the line when he takes the child out of Thailand.

Anybody had any similar experiences or knows how the law here applys to him

[GuestHouse]

He should speak to a lawyer about filing for divorce AND maintaining custody of his child. He should ask about obtaining custody with rights to travel and rights to have a passport.

He should also ask about his visa status as the provider for a Thai child (Thai dependent).

If his wife has been playing away from home, he should gather evidence of this as ammunition to be used against her when HE files for divorce.

[jstumbo]

He should also ask about his visa status as the provider for a Thai child (Thai dependent).

Can only do this if he is over 50, and it is not as the provider for the Thai Child, but to live with his Thai child in his old age.

[RY12]

I don't think there's a legal system in the world that "forces" people to sign onto a divorce, either it's unilateral or both must do it on their own free-will. Maybe Thailand has unilateral divorce process like we have here in the States (the other party doesn't have to sign off), and she just wants him to sign on to it to save face. I'm sure other members know more about it

[ajahnlau]

My friend just did the opposite. He got a lawyer and got the divorce through the courts and she refused to sign or go to court.

Edited April 19, 2008 by ajahnlau

[PadThaiGuy]

My friend just did the opposite. He got a lawyer and got the divorce through the courts and she refused to sign or go to court.

She can sue you for divorce in Thai Court and you won't even know it.

Uncontested.

Don't believe me?

[sabaijai]

My friend just did the opposite. He got a lawyer and got the divorce through the courts and she refused to sign or go to court.

She can sue you for divorce in Thai Court and you won't even know it.

Uncontested.

Don't believe me?

Sounds like you have a story to tell. Do share. My understanding is that in Thailand only males have the right to divorce without their spouse's signature.

[Pepe']

My friend just did the opposite. He got a lawyer and got the divorce through the courts and she refused to sign or go to court.

---------------

Certainly an attorney is your best and only play really.

Curiously I have heard that adultery is considered in the outcome of final judgements unlike here in Sunny San Diego...

She can sue you for divorce in Thai Court and you won't even know it.

Uncontested.

Don't believe me?

Sounds like you have a story to tell. Do share. My understanding is that in Thailand only males have the right to divorce without their spouse's signature.

[Mosha]

I too was on the other way round. It took me 3 years to get her to give me a divorce. At one point I was going to come here from the UK to drag her to the Amphur, but a Thai friend advised that I was in danger of putting my self in arms way. As I had booked my ticket I came for a holiday, not a complete loss as I met my present wife. The other lady in question eventually slipped up and wrote to my solicitor saying she would give me that divorce. Oh and could my solicitor do her a favour and ask my husband to send me 100,00 Baht.

The crap didn't stop there though she had 1 more nasty trick to play. Half between the nicii and final I got a phone call from her friend in Germany. This was to tell me the Toi was dead. My only rection at that time was to think "<deleted>". Again the demand for money to pay for the funeral, I told her friend that I would first be talking to my solicitor, so she put her husband on the phone. The conversation is for ever etched in my mind.

"Do you understand what my wife has told you?"

"Yes, tour wife has told me that my soon to be ex wife is dead."

"Well what are you going to do?"

"I am going to see my solicitor."

"I think you should send money."

"Your very young step son in Bangkok.'

"What about him?"

"Why won't you allow him to live with his mother and you?'

"That is none of your business."

"And this is none of yours."

At that point he handed the phone back to his wife. After a couple of days fretting, I emailed the British Embassy, explaining the situation, and asked them for a phone number for the police. I gave the embassy her last known address. Next morning I had areply, they contacted the police for me, and the police went round and found her alive and well. I got another call from Germany from another Thai friend, she had been told about Toi, but when I told her the story she was fuming. Ï would kill her if I saw her for that, she said. Sadly I lost contact with her, as Toi rand the following week. Again asking for money. Not 1 more cetang I said "Please Darling..." I just said don't call me darling. The phone went dead. Then 3 days of silent phone calls, eventually I had to change my number. I lost the number for the other friend in Germany and so lost contact. It cost me over 4000 pounds just in fees to get rid of the bitch. If she only knew I was only 10 hours away by bus.

[PadThaiGuy]

My friend just did the opposite. He got a lawyer and got the divorce through the courts and she refused to sign or go to court.

She can sue you for divorce in Thai Court and you won't even know it.

Uncontested.

Don't believe me?

Sounds like you have a story to tell. Do share. My understanding is that in Thailand only males have the right to divorce without their spouse's signature.

She can hire a lawyer, get a court date, serve you a summons.

The (scumbag)lawyer pays the summons server a 1,000 to not find you, so then, they publish the court date in the local paper, you never see it,..... the divorce hearing proceeds without you.

Edited April 21, 2008 by PadThaiGuy

[Mosha]

I too was on the other way round. It took me 3 years to get her to give me a divorce. At one point I was going to come here from the UK to drag her to the Amphur, but a Thai friend advised that I was in danger of putting my self in arms way. As I had booked my ticket I came for a holiday, not a complete loss as I met my present wife. The other lady in question eventually slipped up and wrote to my solicitor saying she would give me that divorce. Oh and could my solicitor do her a favour and ask my husband to send me 100,00 Baht.

The crap didn't stop there though she had 1 more nasty trick to play. Half between the nicii and final I got a phone call from her friend in Germany. This was to tell me the Toi was dead. My only rection at that time was to think "<deleted>". Again the demand for money to pay for the funeral, I told her friend that I would first be talking to my solicitor, so she put her husband on the phone. The conversation is for ever etched in my mind.

"Do you understand what my wife has told you?"

"Yes, tour wife has told me that my soon to be ex wife is dead."

"Well what are you going to do?"

"I am going to see my solicitor."

"I think you should send money."

"Your very young step son in Bangkok.'

"What about him?"

"Why won't you allow him to live with his mother and you?'

"That is none of your business."

"And this is none of yours."

At that point he handed the phone back to his wife. After a couple of days fretting, I emailed the British Embassy, explaining the situation, and asked them for a phone number for the police. I gave the embassy her last known address. Next morning I had areply, they contacted the police for me, and the police went round and found her alive and well. I got another call from Germany from another Thai friend, she had been told about Toi, but when I told her the story she was fuming. Ï would kill her if I saw her for that, she said. Sadly I lost contact with her, as Toi rand the following week. Again asking for money. Not 1 more cetang I said "Please Darling..." I just said don't call me darling. The phone went dead. Then 3 days of silent phone calls, eventually I had to change my number. I lost the number for the other friend in Germany and so lost contact. It cost me over 4000 pounds just in fees to get rid of the bitch. If she only knew I was only 10 hours away by bus.

Sorry the 100,00 should read 100,000

[jaidee1]

A friend of mine living in Thailand tells me his wife wants to divorce him and she is so adamant that if he refuses to sign the papers she has a way to make him sign. My friend for his own reasons does not want to sign any papers maybe his child or his visa status.

He feels that he has to force her hand because if shes up to no good with the opposite sex (other farang) and he signs then she can show her true colours without loss of face (because she is divorced)

He has suggested seperation for a period and she flatly refuses, its divorce or bust. He has been assured by her that he can have custody of their child but does not understand his rights under thai law.

He is not looking for moralistic advice but wants to know can he be forced to sign divorce papers (without the obvious gun to the head approach). Also, if he is given complete custody of the child his he going to have a problem further down the line when he takes the child out of Thailand.

Anybody had any similar experiences or knows how the law here applys to him

Anything can be (& is) solved with a gun to the head, this is Thailand.

Me & my wife divorced amicably & I am looking after our daughter. When I took her back to the UK for 6 months I just presented her Thai passport as we left Thailand & her British passport when entering the UK. There were no problems or questions asked. Just make sure your friend gets all the paperwork (birth cert. etc) from his wife before they divorce.

They can also go to the local amphur & as long as they are both willing, sign papers saying that he is the legal guardian. It will cost about B40.