Divorce

[peter1966]

Hi, im currently seperated from my thai wife but im still living in thailand. Im currently on a 1 year extension of stay visa based on marriage but this expires early next year. As i am below 50 years old and do not work, would it be possible to get a multiple entry O visa next year based on marriage as we are not divorced. thanks for any advice.........

[lopburi3]

If she provides signed ID card copy it may be.

[Lite Beer]

Yes. You will need her help

[peter1966]

She had an affair with another man, so really i would like to divorce so i can maybe regain some of the assets. I have a copy of the marriage cert and copy of signed ID and house book, do you think i could still get a multiple O after the divorce.............

[eko2248]

Since you are still married ("I'm not yet divorced") it is possible to apply for a second Non-Immigrant O visa next year. But this will depend on her co-operation and on luck. Some Immigration Offices have renewed visas without the wife being present. Others require at least a signed copy of her national ID, yet others require her physical presence. To be safe take her along with you when renewing that visa. That (if successful) will give you one year to find another "wife".

Concerning your statement that you would like to recover "some" assets based on her adultery. Thailand has a NO FAULT regime so the adultery is of little interest to the court. The crucial thing that farang’s must understand is that when separating/divorcing from a Thai defacto/wife the law says that property must be divided EQUALLY. So the starting point is a 50/50. Get a good lawyer to explain the process and then take action. Non action will lead to you losing everything. By taking action some recovery is possible.

I will suggest that you obtain the services of a good lawyer though! My recommendation is a company called Lexens Group. They are based in Khon Kaen but with modern communications distance does not effect such matters. The reason I’m suggesting this company is they have as their MD an Australian guy named Dr John Nigel-brownlee. His company has been operating for about 10 years now and have a wealth of knowledge about Thai law and in particular marriage issues etc. I have used this company many times (they are also skilled in company law) so I can confidently espouse their professionalism. Their

[Geekfreaklover]

You should have an original and a copy of the marriage certificate. Would imagine that you would have a signed copy of her ID card also. On this basis you can apply outside the country for a non-o 1 year visa.

If you divorce then you will lose your visa THE DAY YOU DIVORCE. Make sure that you aquire a new visa, tourist, entry or education, if you have Thai children then a non-o based on that, before you sign the divorce documents. Otherwise you will be looking at an overstay.

[zoolander]

If the wife commited adultery would the OP be able to get compensation from the third party? Maybe get a good lawyer is required...............Also, if you go outside thailand and get a non-o 1 year visa before the divorce, would the thai authorities cancel that or is there no need for them to see your passport upon divorce?

[Lite Beer]

Getting a Non Imm O Visa from a consulate should be ok. It would give up to 15 months and I cannot see any reason why it would be stopped.

Getting the extension from Immigration needs the Wife to be present. Also they may check to see if the couple actually do live together.

[Mario2008]

If the wife commited adultery would the OP be able to get compensation from the third party? Maybe get a good lawyer is required...............Also, if you go outside thailand and get a non-o 1 year visa before the divorce, would the thai authorities cancel that or is there no need for them to see your passport upon divorce?

Only an extension of stay from immigration in Thailand would be cancelled, a permission of stay you got at the border based on entry with a (multiple) non-O would not be cancelled and you could continue to use your multiple non-O visa.

[dr_Pat_Pong]

If the wife commited adultery would the OP be able to get compensation from the third party? Maybe get a good lawyer is required...............Also, if you go outside thailand and get a non-o 1 year visa before the divorce, would the thai authorities cancel that or is there no need for them to see your passport upon divorce?

A good lawyer can get results there but one needs to establish whether the third party is well heeled.

[dr_Pat_Pong]

If she provides signed ID card copy it may be.

Peter is another reincarnation Lop.

[Geekfreaklover]

Just a warning from experience. I had a non o visa based on marriage. It was an extension with 90 days reporting required. I divorced. Upon my next reporting the immigration offical told me that I had over-stayed and suggested that I go over the border once the visa expires and come back on a tourist visa. I was lucky. You do lose your entitlement to a visa based on marriage if you divorce (and are therefore not married) the day that you divorce. I think the OP should be made aware of this potentail problem and have a contigency visa/plan in hand.

[lopburi3]

You lose/lost an extension of stay - you did not lose a visa (which only allows stays of 90 days or less). A visa, if valid, remains valid.

[Samuian]

When I divorced my wife, the "Non O" visa expires within 7 days of divorce - I was told by the Immigration and have been advised to get a new "B", cause I had a wp as well, went to Penang with the appropriate documents and NO Problem! got my "non B"

[lopburi3]

Are you talking about a 90 day visa entry? Or about an extension of stay for marriage? A 90 day visa entry should not end. And that 7 days later bit is old information for extensions of stay - they now end immediately when reason is removed.

[CWMcMurray]

You have advised that you have a copy of ID card signed... I would go back to your home country so that you can get a non-o multiple entry visa that will last a year.

As other have said and extension of stay will expire the day you are divorced, while a via would not. This would give youa year to go through the court system to end your marraige (if needed), get your affairs in order & get things lined to get your self another non-o visa after the dvorce proceeding have been completed.

Otherwise you may run the risk of not being able to stay legal in Thailand long enough to see your divorce proceddings though. (no more extension based upon marraige & recent crakdowns on back to back tourist visas).

It would be a really big shame if she gets 100% because you get get your visa status set up to stay in the contry until the end of the proceedings.

[Geekfreaklover]

Are you talking about a 90 day visa entry? Or about an extension of stay for marriage? A 90 day visa entry should not end. And that 7 days later bit is old information for extensions of stay - they now end immediately when reason is removed.

The OP . Quote . "Im currently on a 1 year extension of stay visa based on marriage" Unquote

I guess that means an extension, so he will have to sort out an alternative visa before, or very quickly after divorce.

Probably the best bet is to get a fresh visa from outside Thailand before begining the divorce to allow another year.

Edited September 30, 2009 by Geekfreaklover

[lopburi3]

The OP is a below the bridge person and has returned there per post #11.

[Geekfreaklover]

Ah, what a crap troll post.

I've learnt something anyway (visa remains valid extension does'nt following divorce). Cheers chaps.

[phil2]

You have advised that you have a copy of ID card signed... I would go back to your home country so that you can get a non-o multiple entry visa that will last a year.

As other have said and extension of stay will expire the day you are divorced, while a via would not. This would give youa year to go through the court system to end your marraige (if needed), get your affairs in order & get things lined to get your self another non-o visa after the dvorce proceeding have been completed.

Otherwise you may run the risk of not being able to stay legal in Thailand long enough to see your divorce proceddings though. (no more extension based upon marraige & recent crakdowns on back to back tourist visas).

It would be a really big shame if she gets 100% because you get get your visa status set up to stay in the contry until the end of the proceedings.

He can get the multi "O" from Malaysia.