Divorce: Thai & American Will The Divorce Be Recognized In The Us

[Dakhar]

The question is, if I the couple was married in America, move to Thailand and then file for divorce while living in Thailand, will the divorce be recognized in the US? Also exactly what laws apply concerning divission of property etc? Any lawyer referals would be appreciated.

Quick Details:

2 Children

Married state of Texas

10 years married

Wife admits infedelity of a recent relationship lasting over 2 months

Wife abandoning children during the relationship

Wife does have a "physical condition that prevents cohabitation" (thai law)

I just bought a house and the affair was revealed to me about 4 weeks after the house purchase!!!!

Any how, the wife has suposedly cut all communications with her lover, but she is constantly resenting the fact that I interviened with her relationship, and keeps toying witht he idea of divorce. At this moment in time I am in full support of a divorce.

I hope there is some advice out there.

[Mario2008]

Anger is never a good advisor, decide if you want to save the marriage or not.

Yes, you can divorce in Thailand and it will be recognized in the US, if you also registered the marriage with the Thai authorities.

The devision of property is a difficult question and also largely depends on if there are assets abroad or not and the law of Taxes under which you got married. Under Thai law, you just split up everything you acquired during the marriage. Everything each party had before the marriage is left out.

There is no alimony unde Thai law, but there is a requirement for child support. If you were to go back to the states, she might claim alimoney under Texan law. But this is better asked from a lawyer.

A good article about divorce in Thailand can be found here: http://www.thailawonline.com/en/divorce-in...-under-thai-law

[Dakhar]

Our marriage in the US is not registered within Thailand, I do not want to get divorced under Texas law because she stands to gain TOOOOOO much, all because she wants to have sex with some one else.

The wife refuses to register the marriage, thus apparently giving me 2 options.

1- stay with her and live in a loveless marriage

2 - I go back to Texas and file for divorce after living there for 6 months and then be forced to pay alimony and child support at dramatically higher rates than I would have to pay if the divorce was granted in Thailand

[Mario2008]

The third option is to find residence in a third state or country and file for divorce there. Otherwise I don't see any possibilities. But you could check with a lawyer first about getting a divorce in Thailand if the marriage is not registered here. Sometimes rules are not as strict as they are on paper.

Note that in order to get an extension of stay based on marriage you now will need to register the marriage with the Thai authorities. This might convince her to register the marriage.

[MikeyIdea]

A marriage abroad is recognised in Thailand. You could possibly force the Texas marriage to be valid according to Thai law if you go the court way, regardless of if the wife agrees or not. Bigamy is illegal in Thailand so the law should *probably* have to act on what’s presented to them and order it registered. A bit strange so you'll certainly have to ask a lawyer

I bet the "wife" doesn't want the marriage and divorce to be registered in Thailand so you could use that as a bargaining chip and write a divorce agreement giving her more than Thai law (peanuts) and less than Texas law. Assuming that Texas law allows that. If the wife doesn’t buy that, your option of choosing to divorce in Thailand once marriage is registered there is still there, assuming that Texas law allows that and that you have valid reason to divorce in Thailand. All up to if a Thai court would accept to act on what's presented to them, evidence of a legal wedding abroad

As always: Get video evidence of when the “wife” admits to infidelity and abandoning her children, she did nothing wrong if you can’t prove it

[Dakhar]

I'd have to get an audio or video rigged of her discussing her boyfriend or maybe record her talking over the phone with me regarding him.

The trouble is, they have broken up, so at this moment in time the relationship is over. The mother in law pulled some strong arm tactics without my prior knowledge against the boy friend and he fled the scene in a hurry.

I can probably get the mother in law and my boss to testify against her, because they know she had a boy friend, and she has discussed this with them rather openly.

Thus said, hind sight being 20/20 I wish I would have just let her run off with the boy friend, because the relationship I have now is not worth anything. Basically, she is punishing me from interviening with her boy friend and her.

I'd really like a divorce, but as I mentioned, is looks as though I can not get a divorce that is recognized in the states unless the marriage is registered here in Thailand. Up until that time my option is to remain married here, or go back to the states and let her rape me through American divorce laws....

Which really is so unfair... a woman can go cheat... and gain so much, the laws are practically rewarding her!!!

[Dakhar]

A marriage abroad is recognised in Thailand. You could possibly force the Texas marriage to be valid according to Thai law if you go the court way, regardless of if the wife agrees or not. Bigamy is illegal in Thailand so the law should *probably* have to act on what’s presented to them and order it registered. A bit strange so you'll certainly have to ask a lawyer

I bet the "wife" doesn't want the marriage and divorce to be registered in Thailand so you could use that as a bargaining chip and write a divorce agreement giving her more than Thai law (peanuts) and less than Texas law. Assuming that Texas law allows that. If the wife doesn’t buy that, your option of choosing to divorce in Thailand once marriage is registered there is still there, assuming that Texas law allows that and that you have valid reason to divorce in Thailand. All up to if a Thai court would accept to act on what's presented to them, evidence of a legal wedding abroad

As always: Get video evidence of when the “wife” admits to infidelity and abandoning her children, she did nothing wrong if you can’t prove it

I am willing to give her around 100K+ USD in liquid assests, education trust funds for the children and rentall property. All though the property is in her name, and purchased here in Thailand via my money, Texas law states that I can have 50% of the value of the property. Any how, I think my offer is more than fair considering the facts, essentially the split would be a 70/30% split & I also paid for her MA degree in the states. This split also includes my retirement funds.

I am also willing to give 10% of my commissions earnings that I earn in Thailand to the children. But this I will not submit on paper because I do not know how long I will be in Thailand.

I just want out!!!!!

IsanLawers sounds like a good group, but I am in BKK

[MikeyIdea]

It sounds like you only have 2 options; Negotiation and Negotiation

Can you force a legal registration of the Texas marriage in Thailand? Check it, could be. You seem to be able to offer her quite some money so you should be able to negotiate well - especially if you can force the registration but also if you can't best option seem to be negotiation...

If you legally can force the registration of the marriage in Thailand, then remember that there is no law forcing alimony for the wife according to Thai law, only for child support and there you should be generous of course

[Dakhar]

All though her actions seem to be those of a typical BG, she is from a upper middle class family. Money does not impress her, when she has always had more than enough.

I certainly hope her boyfriend contacts her again and they "make up" such that she will want the divorce. As of right now she only wants to punish me and make me live in a life of mysery, all because of my intervention. When the truth is, all I did was discover where this boy lived (a guy that could provide her with an income of 15K baht a month). As I said before, my mother in law is the one that relayed the message to the boy friend...

Which frieghtened off like a scared rabbit.

All I wanted to do was gather facts for the lawyer...

If the boy friend was still around, their relationship would have only grown even more by now.

Honestly my primary concern was that this guy could not provide for my kids and my wife would eventually pass an STD to me.

Not that sex occurs very often. (around 4 times a year) That said, a virus, is forever or at least until one dies.

[MikeyIdea]

Upper middle class spoilt and selfish women - I deal with them a lot at work, wife's fortunately from a lower class. Both are selfish though and women are more prone to revenge than men. Get a lawyer, check if you can force the registration of the marriage in Thailand and if the lawyer confirms that you indeed can, then work through the mother-in-law. It's even more important for her not to lose face. And although you are nothing for the "wife" now, her family will not accept the daughter to see them as nothing

Assuming that Texan law accepts a signed and witnessed divorce agreement between 2 parties and that you can register the divorce in Texas based on it...

IF you can and is ready to proceed only, not before... Tell the mother-in-law that you have confirmed with a lawyer that you can force her daughters marriage in the US to be registered in Thailand and that you and the lawyer is ready to proceed and that you will file for a divorce immediately after her daughter legally is a Mrs... Tell the mother what you expect in terms of assets and custody and visitation rights for the children - just follow Thai law, the mother won't care about Texan law, she only cares about the family's face. Upper middle class, family can put enormous pressure on their daughters, use it

If you legally can't do the above... Somehow use the fact that the mother care about the family's face and the children you two have more than her own daughter. You are in Thailand and the kids are in Thailand but do you have custody of the children in Thailand? It could very well be that you are not the legal father according to Thai law and the mother has sole custody. You need to check that too

[Mario2008]

He is married to the mother, that mkes him automatically the legal father.

[MikeyIdea]

That marriage is not registered in Thailand. No authority in Thailand knows of it. That means that practically, it doesn't exist in Thailand and that he therefore does not have custody in Thailand.

I agree that custody is only a formality since he is legally married to the mother abroad, but it hasn't been done

[MikeyIdea]

This is how I think

If the mother goes down to the Amphur then she can most likely get a por kor 14 form stating that she has sole custody of the children. If the father goes there, also if he shows the Texas marriage certificate, then they will say go to court to get marriage registered and he has to go home empty handed - You are right theoretically but not practically, IMHO

[Dakhar]

I spoke with an American lawyer today and he said all divorce proceeding really have to be done in America, and more than likely done in Texas. The fact that the marriage is not registered in Thailand makes no difference, and even if it was we would then need to be divorced in both Thailand and the USA (texas).

I was hoping that Texas law would accept Thai proceedings, but it sounds like I stand to really get raped over this...

[MikeyIdea]

Sounds strange that American law wouldn't accept a divorce in another country, all European countries I have heard of accept this (custody is a different matter though). So what happens if you marry in Texas and move to Alaska? Can't divorce without moving back to Texas? I don't quite believe that, sounds stone age to me

Does the lawyer mean that it won't be accepted at all or that it can be contested?

Edited March 5, 2010 by MikeyIdea

[Dakhar]

I imagine if u the situation was as you discribed, texas, move to alaska, then one must fit the alsaka residency requruirements before one can file for divorce in alaska.

This lawyer said he had gone throught the same situation himself. He was divorced while living abroad from his former wife, a Korean national.

He said I would have to find a lawyer in Texas that can take care of all my needs while I reside in Thailand. That said, I would still fall under all Texas rules, and I still could stand to get royally raped over this.