Divorce

[justaphase]

Can anyone give any helpful advice on how i can divorce my wife in her absence?

All my Thai friends say cannot, but surely there must be a way?

Shes been gone a year, apart from a brief (3 weeks) return a few months back. Now she has changed her phone number and her family don't know (or won't tell me) where she is.

We have a daughter which may make a difference.

Cheers in advance

Tony

[Goyave]

Can anyone give any helpful advice on how i can divorce my wife in her absence?

All my Thai friends say cannot, but surely there must be a way?

Shes been gone a year, apart from a brief (3 weeks) return a few months back. Now she has changed her phone number and her family don't know (or won't tell me) where she is.

We have a daughter which may make a difference.

Cheers in advance

Tony

You certainly can. But my advice would be to consult a Thai lawyer first. I know a good one in Nong Khai who speaks English quite well. Just let me know if you need her (it's a woman) phone number and e-mail address.

[Gravelrash]

Yes you certainly can divorce her if absent, you hit her for desertion, if you can toss in some infidelity for good measure then so much the better, be the injured party. See a lawyer to organise through the courts.

[justaphase]

Yes you certainly can divorce her if absent, you hit her for desertion, if you can toss in some infidelity for good measure then so much the better, be the injured party. See a lawyer to organise through the courts.

So what would i be looking at all done and dusted in fees..? Also what sort of time span are we looking at, start to finish.?

I don't wish to marry again (yet) but i have the beginnings of a relationship with a very decent Thai girl who insists on me being single before ANYTHING...

I don't want anything out of the separation. I just want rid.

[Thanyaburi Mac]

Can anyone give any helpful advice on how i can divorce my wife in her absence?

All my Thai friends say cannot, but surely there must be a way?

Shes been gone a year, apart from a brief (3 weeks) return a few months back. Now she has changed her phone number and her family don't know (or won't tell me) where she is.

We have a daughter which may make a difference.

Cheers in advance

Tony

Do a google for: thai civil and commercial code book

Several hits, here's one, says online, but I didn't check it: http://www.samuiforsale.com/Civil_Code_text_English_I.html

I bought the hard copy book at Asia Books and looks like they still have it. You in Bangkok? If so check one of their several branches, if not on hand they can check their computer and have one sent to that branch.

http://www.asiabooks.co.th/browse/cat.asp?...z&subcat=zt

The book is good, Thai on one page and English on the facing page, article by article.

My now wife needed a divorce lots of years ago and went with the "abandonment clause" something like not seen for five (5) years. Since it was a one-party divorce, needed to go to court.

Mac

[justaphase]

Can anyone give any helpful advice on how i can divorce my wife in her absence?

All my Thai friends say cannot, but surely there must be a way?

Shes been gone a year, apart from a brief (3 weeks) return a few months back. Now she has changed her phone number and her family don't know (or won't tell me) where she is.

We have a daughter which may make a difference.

Cheers in advance

Tony

Do a google for: thai civil and commercial code book

Several hits, here's one, says online, but I didn't check it: http://www.samuiforsale.com/Civil_Code_text_English_I.html

I bought the hard copy book at Asia Books and looks like they still have it. You in Bangkok? If so check one of their several branches, if not on hand they can check their computer and have one sent to that branch.

http://www.asiabooks.co.th/browse/cat.asp?...z&subcat=zt

The book is good, Thai on one page and English on the facing page, article by article.

My now wife needed a divorce lots of years ago and went with the "abandonment clause" something like not seen for five (5) years. Since it was a one-party divorce, needed to go to court.

Mac

Cheers Mac!

I discovered this there...

Thailand Law: Civil and commercial code (part lll)

Section 1516. Grounds of action for divorce are as follows:

(4) one spouse has deserted the other for more than one year, the latter may enter a claim for divorce

There you have it then...

A year from when i last saw her.... dam_n, that was September 20th when i visited them in Hua Hin.

11 months to go then. Unless, by deserted they mean when she first ran off.. December 4th 2007 in which case would they count the 3 weeks she came back...?

[Goyave]

Can anyone give any helpful advice on how i can divorce my wife in her absence?

All my Thai friends say cannot, but surely there must be a way?

Shes been gone a year, apart from a brief (3 weeks) return a few months back. Now she has changed her phone number and her family don't know (or won't tell me) where she is.

We have a daughter which may make a difference.

Cheers in advance

Tony

Do a google for: thai civil and commercial code book

Several hits, here's one, says online, but I didn't check it: http://www.samuiforsale.com/Civil_Code_text_English_I.html

I bought the hard copy book at Asia Books and looks like they still have it. You in Bangkok? If so check one of their several branches, if not on hand they can check their computer and have one sent to that branch.

http://www.asiabooks.co.th/browse/cat.asp?...z&subcat=zt

The book is good, Thai on one page and English on the facing page, article by article.

My now wife needed a divorce lots of years ago and went with the "abandonment clause" something like not seen for five (5) years. Since it was a one-party divorce, needed to go to court.

Mac

Cheers Mac!

I discovered this there...

Thailand Law: Civil and commercial code (part lll)

Section 1516. Grounds of action for divorce are as follows:

(4) one spouse has deserted the other for more than one year, the latter may enter a claim for divorce

There you have it then...

A year from when i last saw her.... dam_n, that was September 20th when i visited them in Hua Hin.

11 months to go then. Unless, by deserted they mean when she first ran off.. December 4th 2007 in which case would they count the 3 weeks she came back...?

Better to check it with a lawyer again as he/she will be able to answer all these questions probably in one meeting, but I suppose that you should have declared her desertion at your local police station... (almost one year ago as it seems). I don't believe that your own declaration (about her departure time) alone will be taken into account, but again, check it with a Thai lawyer (a few thousand bahts, probably only 2000 for having a precise idea of what to do as soon as possible).

[TAWP]

Besides, her coming back - and not fulfilling her marital duty - doesn't make her not deserting you only not missing, in the legal sense.

She could live across the street with another dude and it would still count as being deserted.

[TopDogger]

Whatever you do, keep your cards very close to your chest. Chances are she'll re-appear and try to create no end of problems for you when she finds out whats going on..

[Swanky]

I'm sorry to hear about your dilema, divorce is never easy. Just a couple of questions.

Who is your daughter living with now? Also what prompted your wife to 'disappear' like this? It seems a little strange. I'm not sure how divorce works as I've never had the experience but getting legal advice seems to be the obvious first step. Good luck.

[Mosha]

Tony, where are you? I divorced my 1st wife in her absence, but had to put up with some nasty mind games. I was in England she was here. pm me if you want.

[justaphase]

Im in Nakhon Pathom... my wife went to live with her family in Hua Hin cos we were constantly arguing. My daughter lives with her. I last saw them in September and she told me her family wont let her stay with me again yet. I called her uncle in Hua Hin and he told me the family had moved (they do electrical contract work, 6 month here, 3 months there etc).

He told me it was up to her to see me or not, they didnt mind either way. They said she's working in a pizza restaurant and rented a room on her own. He said he didnt know where. I dont want her back she's a <deleted> nightmare. Oh, and shes not a bar girl either. I met her when she worked at the mall, bang khae.

[Swanky]

Sounds like you two have a serious communication break down.

The daughter is your number one priority. Can you go and find your wife and discuss what's going on and tell her of your intentions regarding divorce? To me divorcing someone in their absence without having closure is a cowardly thing to do, at least meet and talk to her. There are two sides to every story, wish you all the best.