Thai Woman To Divorce Foreign Man.

[Geekfreaklover]

Didn't know what forum to put this in.

Has any one experienced this? A divorce based on abandonment. Couple married in Thailand. Does anyone know the procedure?

Our problem is my girlfriend is still legally married but has not seen or heard from her husband (English) in over six years.

To my knowledge she can get a divorce based on abandonement (if she has not seen or heard from him in over three years)

My question is what would the ampur look for in terms of proof that this is the case, Would the office just accept her claim and process the document or would they need to try and find the husband.

Is a divorce possible if only one party is present?

We would rather not use a lawyer if possible. Big fees for doing diddly squat in my experience.

Has anyone obtained a divorce this way or have any info?

Thanks,

GFL.

Edited March 30, 2012 by Geekfreaklover

[soi41]

An uncontested divorce is simple and straigtforward, finished same day. BUT both spouses must be psysically present. Done at the same amphur where the marriage took place.

I guess your gf's husband (very Thai) isn't going to show, which leaves her with no choice but go to court. If one spouse have deserted the other for more than a year, the court will normally grant the divorce. Quite a simple process, but I guess your gf will need some kind of legal representation in court. Ask at the amphur, I am sure they had cases like this before.

Why care, admit it is a turnon, to sleep with another mans wife !!

[inthepink]

His gf's husband is English. How can he be very Thai?

[WarpSpeed]

An uncontested divorce is simple and straigtforward, finished same day. BUT both spouses must be psysically present. Done at the same amphur where the marriage took place.

I guess your gf's husband (very Thai) isn't going to show, which leaves her with no choice but go to court. If one spouse have deserted the other for more than a year, the court will normally grant the divorce. Quite a simple process, but I guess your gf will need some kind of legal representation in court. Ask at the amphur, I am sure they had cases like this before.

Why care, admit it is a turnon, to sleep with another mans wife !!

Sorry OP a bit off topic but out of curiousity, is it more complicated with an uncontested divorce if there are children involved? I should also include both are foreigners but married in Thailand..

Edited March 30, 2012 by WarpSpeed

[Beetlejuice]

Your girlfriend will definately have to take this to court if the English husband cannot be found.

Are you 100% sure that your GF and the English guy were legally married? Have you actually seen the marriage certificate?

And what were the circumstances that led up to the guy and your GF seperating?

Does your GF have any ideas were the guy is and does she have any contact information?

[soi41]

inthepink: Fully aware of the husbands nationality, it was just the sentence "your gf's husband", to me was a very Thai situation.

WS. As the word uncontested indicates, the spouses has to be in agreement on everything relating to the splitup: Childcustody, division of realestate aso. If that is the case even foreigner/foreigner can get an uncontested divorce here, if married in Thailand. Just make sure with your lawyer/embassy, that an uncontested divorce is legally binding in your homecountry. Not accepted in all western countries.

[WarpSpeed]

inthepink: Fully aware of the husbands nationality, it was just the sentence "your gf's husband", to me was a very Thai situation.

WS. As the word uncontested indicates, the spouses has to be in agreement on everything relating to the splitup: Childcustody, division of realestate aso. If that is the case even foreigner/foreigner can get an uncontested divorce here, if married in Thailand. Just make sure with your lawyer/embassy, that an uncontested divorce is legally binding in your homecountry. Not accepted in all western countries.

Yes of course I understood the word uncontested, but as it happens Thailand is partial to women and have tendency to lean their way in these matters. Even when I got married and my fiancee was 8 months pregnant they were pressing her quite heavily at the Amphurs office about her marrying as I was not yet employed here and no support to show.

Regardless she is not Thai and had we not gotten married our son would not be American (necessarily, it gets a lot more complicated after they're born) she would still be single and our son would be legally fatherless and our visa's etc. would have been veeeery complicated plus some other complications they hadn't considered but we had, and frankly it was none of their business but they wanted to make it so for some strange reason I found extraordinarily offensive at the time as if I was somehow taking advantage of her though I was marrying her after moving my entire life to Thailand to be her husband and they're father..

So being TiT I never know what to expect from one minute to the next and so little is standard and unpredictable, nothing can be assumed or taken for granted..

I'll check up on the validity of it in the states regards for that tip..

Edited March 30, 2012 by WarpSpeed

[Mario2008]

This is not an uncontested divorce, as both parties must agree to that. That means that this has to go to court and a divorce must be asked for based on the reasons stated in the law. In this case that will be abandonment.

Best course of action will be to try and locate him and persuade him to come to Thailand and divorce at ther amphur for free in 30 minutes. If that is not an option, it will be court and lawyer fees and depending on if he can be located a long process as she must try to find him and call him to appear before the judge. Several attempts must be made, than the judge will make his ruling and allow the divorce.

[Geekfreaklover]

Thanks for your help.

So it seems a lawyer will have to send the divorce complaint to the husbands last known address. I've tried to locate him but I have no real leads. If there is no response then the courts / judge will have to make a decision as to whether to grant the divorce.

I've seen the marriage certificate and my other half still holds her husband's surname. She has a child, son of the absent father, who has lived with us (I have two sons from a previous marriage who also live with us) for six years. He has not seen his real father in that period and could tell the court this.

Many Thai fathers do a runner, but it's much more difficult to find the foreign ones who do the same.

[Mario2008]

Than the custody over the child will also need to be settled. Not much of a problem, as the fahter isn't there to contest anything.

The father is however liable for child support if the child is still a minor, and the son might have dual nationality and could apply for a UK passport if he hasn't done so already.

It might be even possible to locate the fahter with a suit for child support. The UK government might chase him for that.