Divorce In Thailand

[zaxson]

HI, new here I'm currently married to a Thai woman been married for 2 yrs now but problem is she will not contact me or want divorce i know where she works but not sure she still works there or not. I have phoned they tell me she still works there but she not want contact me about divorce or how much she wants i have contacted a lawyer siam and they said we would contact your wife but very BIG but i pay 5 thousand baht per hour they work for me so i don't trust them i have looked for lawyers just very hard find lawyer i can trust that will help me. I know i got wait 3 yrs for divorce but would like to find a lawyer i can trust would like get divorce soon but cant seem to find a way to go about it.

I cant just go Thailand and go to her as she will say she divorce me but then tell me to pay her silly amount money then i would have to wait another 3 yrs to get proof we not had any contact. I think i got wait 3 yrs go there and see a lawyer really feel stressed about it if anyone can help me i really appreciate it and any good lawyers that wont do me over.

[Mario2008]

Only if she agrees to a divorce can you get a divorce at the amphur in Thailand in about 20 minutes. it would require both your presence.

If she doesn't want to divorce, you have to file a divorce based on abandonment, which indeed needs to be 3 years.

Only thing you can do to speed it up is to negotiate a settlement with her so she is willing to divorce you. Maybe contact her family if you can't contact her yourself.

[MikeyIdea]

Thai law is simple:

The wife has no right to alimony whatsoever, zero. If the wife wants money, then the court officer will simply tell her that Thai law does not support that

Whatever was yours before marriage is yours, whatever was hers before marriage is hers, whatever was bought during marriage is split 50/50

So you're abroad but have a marriage registered with the amphur here in Thailand? You should start the process of going to court before you come to Thailand, that saves you a trip

You don't need your wifes consent to divorce, you take this to court and the wife can choose to come or not, the outcome will be the same

Attaching relevant sections of the civil code

CHAPTER III to VI.doc

[Mario2008]

A divorce through the courts can only be gotten based on one of the grounds mentioned in the law. If based on abandonment, it is also important who left who and there is a minimum time the abandonment must take place.

Splitting 50/50 includes the debts.

[zaxson]

Okay so i must wait 3 years so i will need go next year then i got proof i haven't been Thailand for 3 years on my passport. I cant contact my wife parents as got no contact with them does anyone know how much to go to court or any good lawyer i am hoping i can pay wife for easy divorce i really don't know what she gets out of this if we go to court other than stress also if i can get her email me to say she want divorce can i use that as evidence that she want a divorce i'm just scared i go there and she says she want divorce then says no. I have phoned siam lawyers they seem to be rather expensive really difficult find a good lawyer as i not live in Thailand. If anyone know any good lawyers and how much it will cost I be very grateful I would give my wife money the same amount to go to court but would still need lawyer present with me to make sure i'm divorce wouldn't be too bad if I had friends In Thailand.

[Mario2008]

You can contact isaanlawyers, they are specialized in family law but based in the Isaan.

Just google their name.

But I believe it is also important who abandont who, as it might be the case that only the perosn who is abandont can file for divorce.

Divorce at the amphur requires both to go to the amphur and state that they want to divorce. An email will have little value.

If it is not possible to divorce under Thai law, it might be to do so under your national law. But that might be more expensive. Of course that is an argument you can use to your wife, that you will simply divorce her in your own country.

[zaxson]

well if that the case i'm going be in very big trouble as I the 1 abandoned her as I left the country so it's not going to look in my favor and I cant divorce her in my country they keep telling me i got divorce her in Thailand for it be recognized here I'm really stressed to be honest as i'm a good man I got a gf but we cant be together until we married i want kids and happy family this woman just used me and i have no idea what she gets out of this marriage other than trapping me I feel really stuck was really a scam marriage as she left me soon as we married dunno why not contact after that got no proof so why I feel soo stressed cant have happy family as I'm a true christian really only sex after marriage.

[MikeyIdea]

This one should be possible to use in your case

(4/2) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;

OK, it does state that wife also have to voluntarily live separately too and perhaps she will say that she does not but I don't think that a court will care. Your word against hers and you claim that the relationship had constant quarrels, she says; no, we were cohabiting peacefully, no problem... Judges are not stupid. This still leaves you with the 3 year rule though

2a and 8 are possible, never heard of a case where they have been used. I think we can call these reasons "not polite" so to speak, they can still be true. Some sort of evidence probably needed

(2) One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

(a) To be seriously ashamed;

(8) One spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;

Good Luck

Section1516. Grounds of action for divorce are as follows:

(1) The husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

(2) One spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

(a) To be seriously ashamed;

b To be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or

c To sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;

(3) One spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

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

(4/1) one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;

(4/2) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;

(5) One spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

(6) One spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;

(7) One spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;

(8) One spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;

(9) One spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;

(10) One spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.

Edited June 9, 2011 by MikeyIdea

[vont]

the poster surely does not sound like a stupid male without any interpersonal relationships with females.

however, what you post sounds really one-sided and ignorant of the fact that there are numerous males here who might have even gone thru even more complicated relationships that what you described.

what were you doing when you were courting her? did you feel the same way then as what you were saying and feeling at this moment?

everyone has a story to tell. it depends on the individual whether how much that person wants to share with others.

if i were the judge today and you were on the bench waiting, i would surely give more credence to HER testimonial then to yours.

simply, you know plenty more than her, presuming, you were in the driver seat.

so therefore you surely ought to share and take more responsibility in the proceeding, like it or not.

sorry, just did not feel that you were telling the truth, the whole truth and nothing but the truth.... as yet at this point in time....

fellows, just be compassionate to someone who also gave up part of her life for you, a while back....

be generous for it might come back and haunt you later.... speaking from experience too.... :jap:

[zaxson]

Hi, vont yes my story is 1 sided there is more to my story i would love my wife give her story why she not contact me and why she not email me or phone me or say she want divorce well I admit i was stupid to marry her and u can believe me she would say that if she could give her story right now that i was very stupid to marry her.

[CHANGOVER]

OK I can't find a relevant thread but here's my story that i'd like some advice on.

British, met 2000, married 2002 and living here since 2003. We travelled back to UK for about 3 months a year during that time.

My wife's always had a violent temper (ex Muay Thai boxer) and once after slashing my arm in UK she was imprisoned for a month and (stupidly) I plead for her release which they granted but warned me she may kill me. She's also cut me a few times since whilst living here. I am twice her size and studied Karate so she knows I won't retaliate!

We are both very volatile but I calm myself immediately after an arguement, she can be angry and violent for days, losing face plays a major part as she realises how stupid she's been!

When things are good they are very good and when not they are DANGEROUS!

I have a vindictive voice recording of her telling me she shagged a guy while we were in UK and wants more etc...

Can't really continue like this so anyone have any suggestions? I know a 5baht bullet will be an answer but seriously...

Slante

EDIT- We have 2 houses here and she always said 50/50 if we split - now she says NOTHING for farang!

Edited July 5, 2011 by CHANGOVER

[Mario2008]

Unclear what you want advice on. For saving your marriage, try counceling. Or do you want a divorce.

Divorce in Thailand is easy, provided both agree. If so, you just go to the amphur and can enter any settlemetn agreement you want at that time. if you don't make an agreement, the law states that you must equally share what you acquired during the marriage. (That includes any debts). All you both had before the marriage is left out.

If you can't agree on a divorce, you will have to take the long way of going to court. A divorce by the courts can only be applied for on the grounds mentioned in the law.

More info here: http://thailawonline.com/en/family/divorce-in-thailand/how-to-divorce.html

If married in the UK, other rules might apply.

[CHANGOVER]

Unclear what you want advice on. For saving your marriage, try counceling. Or do you want a divorce.

Divorce in Thailand is easy, provided both agree. If so, you just go to the amphur and can enter any settlemetn agreement you want at that time. if you don't make an agreement, the law states that you must equally share what you acquired during the marriage. (That includes any debts). All you both had before the marriage is left out.

If you can't agree on a divorce, you will have to take the long way of going to court. A divorce by the courts can only be applied for on the grounds mentioned in the law.

More info here: http://thailawonline...to-divorce.html

If married in the UK, other rules might apply.

Married in Thailand and want to know if adultery and violence can be used as a reason for

divorce even if she doesn't agree? If not what would likely costs be (as long as a piece of string....)

[Mario2008]

Adutlry is reason enough for divorce. (Difficulty is often proving it). Violence is also enough reason.

But best is try to persuade her to a divorce. A divorce at the amphur is done in 10 minutes (although you will need a lawyer to draw up a solid agreement regarding the division of property). A divorce at the court will take months and cost you in lawyers fees.

Lawyer fees will be a large part of the cost and a lawyer in Thailand asks what he wants.

But gather as much evidence as you can incase you need to go to court. Or try her family to convince her that it is better to split in consent than go through the courts for adultry.

[CHANGOVER]

Adutlry is reason enough for divorce. (Difficulty is often proving it). Violence is also enough reason.

But best is try to persuade her to a divorce. A divorce at the amphur is done in 10 minutes (although you will need a lawyer to draw up a solid agreement regarding the division of property). A divorce at the court will take months and cost you in lawyers fees.

Lawyer fees will be a large part of the cost and a lawyer in Thailand asks what he wants.

But gather as much evidence as you can incase you need to go to court. Or try her family to convince her that it is better to split in consent than go through the courts for adultry.

Thanks for your speedy and informative reply Mario.

As I said I have recordings of her madness and admitting adultery and violence

so would this evidence be enough NOT to go to court when presented to the amphur?

What would the lawyer cost to draw up a mutually agreed agreement of property division - roughly?

[Mario2008]

You can only go to the amphur if you both agree. If not, you HAVE to go through the courts.

I can't estimate the costs, a large part also depends on the lawyer fees. Also depends on how long your wife wants to prolong the case. If she doesn't show up, it will take a longer time to get divorced.

Best if you contact a few lawyers first to get an estimate from them. Make sure they know about divorce law and the splitting of property.

Not sure where you are located, but in the Isaan I would recommend Isaan lawyers. They can give you a fair estimate of the costs. For toher parts of the countries other memebrs can give you some relaible names.

[surayu]

A divorce at the amphur is done in 10 minutes

This might work well for the THAI spouse, but not for some foreigners, not for the italians for sure, where the local consulate clearly states that divorces obtained at the amphur have no legal value in Italy, only a divorce obtained at a court is recognized and only if 3 particular points are specified in the sentence.

So, this will in fact leave the thai, free to re-marry almost straight away, and the foreigner unable to re-marry untill those court papers will (ever) be obtained, which might well means YEARS, unable to re-marry in thailand too as they will require to see a "free to marry" certificate from your embassy, with all the related Visa complications which comes with it.....how great is that?!

[puyaidon]

Hi, vont yes my story is 1 sided there is more to my story i would love my wife give her story why she not contact me and why she not email me or phone me or say she want divorce well I admit i was stupid to marry her and u can believe me she would say that if she could give her story right now that i was very stupid to marry her.

I got a divorce here in Thailand using the abandonment part of Thai divorce laws. Used a law firm that only does law work for foreigners having trouble with Thai law. I was told my situation was simple as I had not seen nor known my wife whereabouts for over 10 years. Took me 45 minutes in front of a judge as there were no children involved nor was any alimony paid.

If you want a person to contact at the law firm I used, send me a PM. I have a number and email address and will contact them to let them know you will call or write to them. The main lawyer in my case was married to a friend (farlang) that I worked with.

Edited September 25, 2011 by puyaidon