Divorce With Missing Wife

[clovie]

Hi, am trying to get advise for divorce between 2 thai. as going to the amphur office but keep getting different answers.

the ex wife has disappear for about 6 years. The guy need to get a divorce. Since the ex wife walked out, the son has been taken care of by the guy's family. she has never once come back to even look at the child. How can the guy seek a divorce?

Thanks

[Mario2008]

There is only one option and that is to file for a divorce at the court for reason of abandonment as the other spouse has been away for more than 1 year.

[clovie]

HI Mario2008,

Thanks for your reply. so in that case, we won't even need her to sign or consent right? As we were told that we need her and 2 other witness to sign and such. Which is so frustrating. Otherwise they told us that we have to wait 10 years.

[Mario2008]

They are talking about a divorce at the amphur, which can only be done by mutual consent to which both psouses sign the divorce register.

If there is no mutual consent (like when 1 spouse is missing) a divorce can only be granted by the court, on the grounds mentioned in the law. Abandonment for more than 1 year is such ground. Than the court gives permission and no consent or witnesses are required. You simply get a judgment and give that judgment to an amphur and they will register the divorce.

[clovie]

Hi Mario2008,

thank u so much.. in that case, are u able to advise how we can get the court to grant the divorce? and how much is it going to cost? As in do we need to get a lawyer? Its all so frustrating.. we can't even get a passport for the child now as they won't grant a passport for the child without the mom's signature.

[Mario2008]

You simply write a letter to the court to grant you a divorce based on abandonment. Normally a lawyer will do that on your behalf.

The price depends largely on the lawyer and one will need to make several court appearances. The judge will want to see that efforts are been made to locate the other spouse and in the end one needs to place an add summoning the other spouse to appear in court in 3 news papers and if that has no result the grant will go head and grant the divorce. informing the wife's family that he will need to find her or adds need to be placed in the news paper might have some result, as such public announcement might be seen as loss of face.

At the same time he should file for sole custody as the mother cannot be found.

[clovie]

oh i see.. ok thanks so much.. do u happen to know the range the charges by the lawyer? is it the norm for thai law firm to quote 5,000 baht + 7% VAT per hour for consultation? as that is what one law firm quoted. we are concerned that the ex wife might now try to be funny and ask for money so that she will sign for divorce, if she were to find out that the father of the child is now happily attached to a foreign girl. there is no marital property to be contested but we do not want her to contest for the child custody as she did not even once return to even take a glance at him. the father has been the sole care giver and me, as the girlfriend has been helping to support the child financially too.

[Mario2008]

She can try, but her agreeing will only speed things up. You go to court if she doesn't agree.

What you split is all gains made during the marriage.

Child custody is an issue, but since the father took care of the child all these years and the mother shows no interest the father will be the prime care taker. They mother may get a few days a month, and the father can sue her for child support. That is his leverage for trying to get sole custody if the mother doesn't want to sign this over or demands money.

She is repsonsible too for providing for the child, that will be between 3,000 and 6,000 baht a month plus she pasy half the cost of educaiton and health care.

I would definately check some other lawyers for their prices.

[Gsxrnz]

I know a Thai person in an identical position - abandoned and a child being cared for as well. They consulted a lawyer to file all the doc's along the lines that Mario has posted to cover the divorce and the child custody. The doc's had to be filed in the persons registered district and this involved two trips there with the lawyer. I think once for the initial filing and second for child custody appearance.

Also, in the case of child custody, two witnesses are needed to verify to the court that the child is supported etc by the sole parent and also generally endorse the claims of abandonment etc.

Lawyers costs were slightly over 20,000 baht including 3 meetings, 2 trips to the other district (6 hours each way). As Mario pointed out it could be done for free if both parties are prepared to sign uncontested at the Amphor, but if it's contested or you can't find the other party, and if custody is involved, I'm 98% sure you have to use a lawyer.

[clovie]

She can try, but her agreeing will only speed things up. You go to court if she doesn't agree.

What you split is all gains made during the marriage.

Child custody is an issue, but since the father took care of the child all these years and the mother shows no interest the father will be the prime care taker. They mother may get a few days a month, and the father can sue her for child support. That is his leverage for trying to get sole custody if the mother doesn't want to sign this over or demands money.

She is repsonsible too for providing for the child, that will be between 3,000 and 6,000 baht a month plus she pasy half the cost of educaiton and health care.

I would definately check some other lawyers for their prices.

oh wow! thanks! that helps a lot. I didn't know that we can sue her for child support. I thought it was always the mom sueing the dad for that. Wasn't aware that it can be done the other way round too. Will keep that in mind. Thanks so much. You been a great help!

[clovie]

I know a Thai person in an identical position - abandoned and a child being cared for as well. They consulted a lawyer to file all the doc's along the lines that Mario has posted to cover the divorce and the child custody. The doc's had to be filed in the persons registered district and this involved two trips there with the lawyer. I think once for the initial filing and second for child custody appearance.

Also, in the case of child custody, two witnesses are needed to verify to the court that the child is supported etc by the sole parent and also generally endorse the claims of abandonment etc.

Lawyers costs were slightly over 20,000 baht including 3 meetings, 2 trips to the other district (6 hours each way). As Mario pointed out it could be done for free if both parties are prepared to sign uncontested at the Amphor, but if it's contested or you can't find the other party, and if custody is involved, I'm 98% sure you have to use a lawyer.

Hi Gsxrnz, so its true that there isn't such a think that the marriage will automatically be dissolved after abandonment over a certain number of years right? If the whole cost is slightly over 20,000 baht, then I think its still fine. I mean of course I would prefer not to pay. but then if we do not have a choice, then well, at least its still not too costly. so in all, how long was the process for the person that you know to get this whole ordeal over and done with? Thanks