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Posted (edited)

My ex Thai wife wants to change her last name back to her maiden name. We were previously married in USA in 1992, We also registered the marriage at the local Amphur. We divorced in 2003 in USA court, she signed the papers here in Thailand and her signature was notoraized by the USA embassy in Bangkok. The papers were then mailed to me and I proceeded with the divorce in USA. I have the original divorce decree with the appropriate court stamps. In 2004 I married another Thai lady and we registered the marriage at the same local Amphur. I provided the applicable Embassy affadavits (free to marry), and these were translated and certified by the Ministry of Foreign Affairs. The amphur accepted the documents and marriage certificate was issued.

Now the problem. The local Amphur is not willing to accept just the Affadavit from the embassy with the certification. They are insisting that I must also have the original divorce decree, translated and "certified". However the American embassy does not certify any original document, only provides affadavit and notoray sevice.

I have contacted a local law firm and they are saying:

"I could not imagine how crazy it is to certify your document. I checked on the website of Thai consular.

1) You will have to get document to notarize according to the state your document issues

http://www.nass.org/ Homepage > NPA Section Tab > State Websites Tab > choose a state to get the state Notary Public website

2) The secretary of State needs to certified after the notary public signed.

3) US department of State needs to certified document

4) Thai embassy/consulate needs to legalize document

5) Take this document to legalize at the Thai consular office in Bangkok."

This is more than just crazy, it's beyond the absurd to me. There is no way I'm going to go thru this process just to "help" the ex change her last name. It does beg a few questions though. It might appear that I and the ex are still married and now I have another Thai wife also which wouldn't be legal, or so it would seem.

Not sure what to do at this point other than just forget about it. Let the ex figure out what to do or not do. Anybody have any experience like this, or have any insight as to what to do?

Edited by Ken
Posted

Stupid question, but have you tried the "tea money" approach at the local amphur? Might be worth a try. Maybe they are just making it impossible for you because they want a bribe.

Posted

Stupid question, but have you tried the "tea money" approach at the local amphur? Might be worth a try. Maybe they are just making it impossible for you because they want a bribe.

Actually I don't think it is a stupid question. And no, I didn't try it, but have wondered about it. There was no mention and the conversation was all in Thai with the ex. I am fairly sure the ex would have told me if that option was offered. On the other hand, that may be the next best step, but I am going to leave that up to the ex. She can take all the paper work along with the village head boss and see if she can sort it out on her own without me being any further involved.

Posted

Your current marriage is legal, as you are not married to two persons. The problem is to proof the divorce, which is not accepted by the ex-wife's amphur, but was accepted by the amphur where you were married in 2004.

Have the ex contact the department of provincial administration for advise, pointing out your second marriage with proof of second marriage being accpeted. www.dopa.go.th

I believe they set the regulations for the registar at the amphurs.

Another option might be to find another amphur that is less strict/has more experience with foreign divorces. That might require being registered on a household registration there.

Posted

Your current marriage is legal, as you are not married to two persons. The problem is to proof the divorce, which is not accepted by the ex-wife's amphur, but was accepted by the amphur where you were married in 2004.

Have the ex contact the department of provincial administration for advise, pointing out your second marriage with proof of second marriage being accpeted. www.dopa.go.th

I believe they set the regulations for the registar at the amphurs.

Another option might be to find another amphur that is less strict/has more experience with foreign divorces. That might require being registered on a household registration there.

Thanks for the info. I wasn't perfectly clear, but the amphur where we registered the marriage with the ex wife is the same amphur that accepted the papers to marry the second wife. Go figure.

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