Thai Married In Thailand Wants Divorce

[PaddyThai]

My Thai wife and I, Irish citizen, seperated amicably in February of this year,

She has since met an american and they have decided to marry.

Under Irish law a Thai divorce would not be recognised as we both reside here and have done for about 20 years.

She would need to apply for a divorce in Ireland which means waiting 4 years before a divorce is granted.

What I am hoping is that she can get divorced in Thailand and that divorce will be accepted in USA.

Asy advice or opinions appreciated.

[MikeyIdea]

Are you legally married in Thailand? If you are, then divorce at the amphur and translate the divorce papers and get them certified at the department of consular affairs (Cheangwattana), that will be enough in USA

That will clear your wife's problem. If you are legally married in Ireland too, then you have a slight problem though

[PaddyThai]

Are you legally married in Thailand? If you are, then divorce at the amphur and translate the divorce papers and get them certified at the department of consular affairs (Cheangwattana), that will be enough in USA

That will clear your wife's problem. If you are legally married in Ireland too, then you have a slight problem though

Thanks for quick reply.

We were legally married in Thailand under thai law.

We informed authorities here of our Thai marriage for the purposes of getting Irish passport but never married under Irish law here.

The Irish legal situation is complex, one of us must be resident in Thailand for a time for a Thai divorce to be accepted here.

I am hoping that the American authorities will accept a Thai divorce for the purposes of marrying in the USA.

[Mario2008]

If your wife is registered on a household registration in Thailand, simply turn up together at any amphur in Thailand with ID and both wedding certificates and state that you want to divorce. Within 30 minutes you will be legally divorced, free of charge. You will need two witnesses, but motimes the amphur can provide these.

If you have any assets to divide, (which includes any debts) you can enter an agreement when regestering the divorce.

[venturalaw]

The U.S. will accept a dissolution secured in Thailand.

[PaddyThai]

Thanks for replies.

Read this on this sitehttp://travel.state.gov/law/family_issues/divorce/divorce_592.html

RECOGNITION BASED ON COMITY: A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity(Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce. Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce. Although full faith and credit may be given to an ex parte divorce decree, states usually consider the jurisdictional basis upon which the foreign decree is founded and may withhold full faith and credit if not satisfied regarding domicile in the foreign country. Many state courts which have addressed the question of a foreign divorce where both parties participate in the divorce proceedings but neither obtains domicile there have followed the view that such a divorce invalid