Divorce Proceedings

[bozy]

I need to start divorce proceedings here in Chiang Mai. I live here with my daughter and her mum stays in the UK.

She is unable to return to Thailand due to no current visa for the UK and also being 5 months pregnant.

The marriage was registered in Thailand. Can anyone give advice to what direction I should take and who to use for my application.

many thanks.

[Mario2008]

You are asking for advise already in the family section. I think this thread should be used only on offferinga dvise on a good divorce lawyer in Chiang Mai.

Other advise please post here: http://www.thaivisa.com/forum/Divorce-t290991.html

Thank you

[orang37]

I need to start divorce proceedings here in Chiang Mai ...

Sawasdee Khrup Khun Bozy,

First, I must express, with respect, a difference of opinion with the remark by Khun Mario2008 : while, in general, it is considered, in the "ersatz culture" of public forums on-line, to be "negative" (not "netiquette") to post the same topic in more than one sub-forum ("cross-posting"), in this case : I believe our concern for what must be a difficult human situation for you should, I feel, "cut you some slack."

You do live in Chiang Mai, and I think asking for help here, asking about local lawyers here on this forum is absolutely appropriate, and I can also see why, given the "unusual" aspects of your situation, you might want to hear from other farangs around the Kingdom who might have similarly unique issues.

That said, I feel Khun Mario2008 was "right-on" in encouraging you to look at the resources already here on TV in the area of lawyers, divorce, etc. There have been many threads on this forum in the last six months where feedback about Chiang Mai lawyers have been given (with names "named"). So : just search this forum on "lawyer/lawyer" "divorce," etc. : then possibly widen the search in the specific forum Khun Mario2008 mentioned, or even search all the forums on TV. If you want a "first-class" farang lawyer in Bangkok who has "connections," (expensive), just send me a PM for contact information.

One thing I personally feel may help you get more focused advice : if you wish to disclose : clarify why ... assuming your wife is Thai ... she cannot return to Thailand : why would not having a visa for the UK prevent that ?

I (along with, I assure you, many other Chiang Mai TV users who may banter like magpies, and harp like harpies, but whose hearts do contain some metta and karuna in spite of arteries clogged with cynicism) wish you the best in dealing with this !

best, ~o:37;

Edited August 22, 2009 by orang37

[john b good]

You are asking for advise already in the family section. I think this thread should be used only on offferinga dvise on a good divorce lawyer in Chiang Mai.

Other advise please post here: http://www.thaivisa.com/forum/Divorce-t290991.html

Thank you

Well I advise against using CM's 'Perry Mason' He might be good but it would probably cost you less to fly to the UK and do it there. (including the cost of you brief in the UK and your airfares)

Read, your post again Bozy as quite didn't understand it 100% on first reading I think I got it now. As your wife is returning to the realm and that your marriage was registered here it is purely a matter of going to the amphur (I guess the one where it was registered)

Providing your wife is in agreement you should be able to get a divorce on the spot "but I would take a Thai brief with me"

If you wife is not in agreement you can sue her for divorce in the courts, and if she was knocked up by someone other than yourself adultery is still a ground here for divorce. You might have to get a DNA done to prove that you are not the father and then might have to wait until the baby is born (to get it's DNA)

If you have proof of her adultery (if that is in fact the case) you might get by with witnesses to her actions.

And if she is pregnant by someone other than yourself tell her you will sue them both for a few million baht as well so that might get them to come clean or at least put the frighteners on her and for her to agree to an amphur divorce.

Edited August 22, 2009 by john b good

[Chunkton]

Now you have a few things going for you here if you want to divorce without being friendly. You both need be here I believe for the easy Amphur route, as she isn't get a lawyer quickly and apply for divorce in the court on grounds of abandonment. After you win that, and you will, then go for sole child custody on the same grounds. It will be helpful if she has a new guy in the UK. Paint her as a harlot and the Thai courts will grant you the lot.

Even as a foreigner you will win if the wife has been unfaithful to her vows, the courts don't like that at all. If overseas and can't return then it is a foregone conclusion. Bare in mind you will be legally divorced and she will have no call on your assets. Also don't mention to her about the divorce, that is the courts job.

[bozy]

Many thanks orang37 and chunkton for your overall comments. Very helpful and reinsuring. I will do some more searches on the forum to help me decide the appropriate action I will take.

many thanks

[Loaded]

Ajarn Sanyalux Panwattanalikit - LL.B. (Thammasat), LL.M. (Thammasat), Ph.D. (Thammasat) -30 Soi Chumpee Sirimangkalachan Rd. Tombol Suthep Amphur Muang Chaing Mai 50200 (053) 2160101/216012 018173150/019989222 email: [email protected]

[john b good]

Now you have a few things going for you here if you want to divorce without being friendly. You both need be here I believe for the easy Amphur route, as she isn't get a lawyer quickly and apply for divorce in the court on grounds of abandonment. After you win that, and you will, then go for sole child custody on the same grounds. It will be helpful if she has a new guy in the UK. Paint her as a harlot and the Thai courts will grant you the lot.

Even as a foreigner you will win if the wife has been unfaithful to her vows, the courts don't like that at all. If overseas and can't return then it is a foregone conclusion. Bare in mind you will be legally divorced and she will have no call on your assets. Also don't mention to her about the divorce, that is the courts job.

The court route can take some time.

From the time of making the application it can still be running a year or more later.

And five or six appearances in court yourself (over a year or more) before she herself even has to attend.

You have to remember that this is Thailand.

If you are at least talking (to her) and can persuade her to go the amphur route, it can be done "as I understand it" in a matter of minutes.

And opposed to many who offer their advice and their opinions (with the best will and intentions) "I have been there and done that"

My marriage was not registered at the amphur "because she would not have been able to own property in her name" (her words and she was correct) This is not now the case I believe.

If you do intend to go the court route I suggest that you tell her that you will also be asking for monetry damages and "that might make her more agreeable to do it at the amphur"

Edited August 23, 2009 by john b good

[Mario2008]

The OP's wife is in the UK, he himself is in Thailand. His wife can't travel right now, so a divorce has to be done in her absence.

[john b good]

The OP's wife is in the UK, he himself is in Thailand. His wife can't travel right now, so a divorce has to be done in her absence.

I did say it was Thailand (and I know his wife is in the UK) AND if it is as pretty well as in any other country in the world she has to have papers served and the opportunity to be there.

You just cannot go to the court and expect the judge to award him a divorce without her having the opportunity to be there.

And by the very fact that she is in the UK she could spin it out for as long as she pleases.

As I said I have traveled along that road.

But in any event I hope that he can do it as expeditiously as is possible.

It can be quite a stressful experience.

And surprisingly we were on good terms and still are "leastaways we were the last time I spoke to her which was admittedly a couple of years back"

Edited August 23, 2009 by john b good