Divorcing A Thai Woman

[robint]

Hi guys

I have read the section on divorce on this forum and it gives the simplistic legal viewpoint which is ok as a starting point. The thought of thai lawyers fills me with despair.

I want to divorce my thai wife (I am a falang westerner) and suffice to say I have very real indisputable grounds. We did marry formally under thai law only at the town hall.

I know that both parties can turn up to the local town hall and agree to split. I am not disputing any property and just want to walk away. However I dont think the woman would take that simple view just now and in any event I really dont want to set eyes on her ever again.

So is it possible to apply to the court to force a divorce from my side? Lets say I have cast iron proof that she has been consorting with her original thai husband all along whislt takiing my money.

Yet another dumb stupid story that I want to extract myself from.

Incidentally I have been told that, as a husband under thai law, I am legally responsible for whatever debts my wife may chose to run up and default on. So I have to find a way to protect myself against such liability.

Any advice most gratefully received

[Mario2008]

If you go to court you can only divorce on the grounds mentioned in the law. Infidelity by the other spouse is one of the reasons. And the other spouse doesn't have to agree with the divorce. You will make it more expensive this way and longer lasting.

If you can agree going to the amphur is much faster and doesn't cost. I believe both parties can sign the divorce register at separate times. You don't have to go there together at the same time. Inquire at the amphur or a lawyer.

But both have to agree to the divorce.

[SweatySock]

Yup, been there and done that. Mine was a long drawn out affair lasting almost 18 months.

I had 2 lawyers acting on my behalf (had to terminate the first one when I found out he was in cahoots with my ex's lawyer to share the spoils!!!). Eventually it ended up in Family court where a panel of 3 judges listened to both sides.

I had similar proof to the OP and the judges were sympathetic but explained that they must act under Thai law.

Bottom line, lost the house but kept the car. But very worth it in the long run. She's gone.

[brianinbangkok]

" I am not disputing any property and just want to walk away "

If you signed any documents as guarantee for a bankloan for this property make sure you have this canceled with the bank before you divorce otherwise you could end up paying for her property if she can't pay....

Good Luck

[gregb]

My Thai sister in law finalized her divorce a little over a year ago.

She had the opposite problem. Her husband was bringing women home to their house, but refused to divorce her because he needed the visa. She got pictures and a video (hint guys...if you are going to cheat on your wife do NOT have sex in your own house) and went to see a lawyer. It took more than a year, but she finally forced the divorce to happen.

Be ready for a long and painful struggle, but if you have undeniable proof of adultery then you can be pretty sure the divorce will be processed even if the other party doesn't like it.

It'll be one heck of an emotionally taxing ride though. Prepare yourself mentally.

All debts and all income incurred during the marriage are your joint assets and responsibilities. Anything she had entering the marriage belongs solely to her, and any assets you had entering the marriage belong solely to you.

You need to do anything and everything you can to cut off her credit access now, or yes, you could be responsible for paying off her spending spree if she can not or will not. If you have any outstanding debts, I would recommend you hold a garage sale and liquidate any asset you can to pay these off before telling your wife about the divorce. She may not be willing to let these sales go ahead once she is forewarned.

Sorry you are in this situation. It will be miserable for a while but it will get better eventually.

[kikoman]

I divorced my first Thai wife in a friendly divorce action, we agreed to the divorce, the house was hers under law and we split possessions acquired during our union.

We went to the Ampur office and had to take two witnesses, we conveyed our agreement to the divorce personal and our divorce was granted in one day.I believe at no cost as I did not pay a baht and She did not either.

It is best to attempt to get an agreement with her, since you are willing to walk away, she will keep any joint community property you have, use that as a bargaining chip, in a court case it will cost you big baht to get a divorce and take a long time, if both agree it can be done in one day!

Good luck!

Cheers: