How to get a U.S. divorce while living in Thailand?

[stoli]

I am trying to help out a friend. Married a lady from the Philippines when they travelled to the U.S. They have been separated for two years. She now lives in Singapore, he lives in Thailand. Is it possible to get a divorce while living here in Thailand, or does he and his wife have to physically return to the U.S. or its Territories to get a divorce accomplished? Thanks in advance for good advice.

[Thanyaburi Mac]

Take a look at the info below. Note, I am not recommending this outfit, just found their www site and the info on divorce.

Since your friend lives here, he might be able to do a Thai divorce through the Thai court system. It'd sure be easier if his now wife did not contest the divorce. She might even have to come up to Thailand and testify as to the circumstances, etc.

In any case, the guy will need a Thai lawyer to handle the process. That's the place to start.

Mac

http://www.thailand-lawyer.com/divorce.html

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Thailand Divorce

Our Thailand divorce lawyers assist in all aspects of obtaining an internationally recognized Thailand divorce.

General Considerations for Divorce in Thailand

While arranging a marriage in Thailand is a relatively straightforward process, procuring a divorce can be slightly more complicated. There are a variety of factors that come into play when assessing whether or not it is possible to receive a legalized divorce in Thailand. Generally speaking, if you or your spouse is currently residing in Thailand you can file for divorce in Thailand. If the divorce is mutually requested, the divorce proceedings are relatively simple. If one of the parties is unwilling or unable to participate in divorce proceedings, the legal process can be more complicated. Due to the variety of factors that can be involved it is usually necessary to enlist the services of a legal professional to guide you through this process. We are familiar with many of the individual variances that arise in complicated divorce proceedings and our divorce attorneys provide personalized service to meet your unique needs.

How do I get a Thailand divorce if both my spouse and I consent to the divorce?

If you previously registered your marriage at a local district office (Khet or Amphur) you may register for an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or property ("an uncontested divorce"). If there are assets to be divided or issues regarding custody of children it is advisable to have a lawyer present in this type of administrative divorce. It is generally a good idea to draw up a divorce agreement in advance.

When registering the divorce, officials may ask you questions about your future plans, financial situation, and children (if any) and then ask you to fill out forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses.

If the divorce is contested, however, then the parties should proceed through the court system. In order file a court action for divorce either the Plaintiff or Defendant (or both) must be a resident of Thailand.

What if my spouse does not consent to a divorce?

If your wife or husband will not agree to a divorce then you need to file with the courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court. In Thailand grounds for divorce generally include:

* A 3 year period of separation

* One spouse has deserted the other for over one year

* The husband has taken another woman as his wife

* The wife has committed adultery

* One spouse is guilty of misconduct (criminal or otherwise)

* One spouse has been imprisoned for more than one year

* One spouse has physically or mentally harmed the other

* Lack of marital support

* One spouse has had incurable insanity for at least 3 years

* One spouse has broken the bond of good behavior

* One spouse has an incurable communicable disease

* One spouse has a physical disability so as to be unable to cohabitate as husband and wife.

What if either my spouse or I is living overseas?

If the divorce is uncontested both parties will need to appear at the Amphur office to register the divorce. If you are married and your spouse does not agree to a Thailand divorce then you will need to obtain a judgment from the Court. If you are living abroad, a lawyer can file a divorce claim on your behalf. However, you must appear in person when the divorce claim is heard by the court.

If your spouse is not present or will not return to Thailand to contest the divorce, you may still be able to proceed provided that he or she has been given adequate notice of the divorce action. Service must be applied through a Thai court if your spouse is not in Thailand and substitute service, (such as by publication) may be allowed in certain circumstances. If your spouse does not respond to service from the court the divorce case may precede based on default.

How is property and outstanding debts divided in the event of divorce?

Thailand is a "Community Property" jurisdiction. When a couple divorces in Thailand, separate property (sin suan tua), namely assets and property acquired before marriage, generally remains the property of the owner. Assets and property acquired during marriage are generally considered community property with both spouses having an ownership right. The rules regarding division of property are complex and the Thai Courts will divide the property according to the law and individual facts of the case.

Debts incurred during the marriage, whether they are household, medical, or educational, are in general the responsibility of both parties.

What if I have a prenuptial agreement?

Prenuptial agreements are allowed in Thailand provided they meet the procedural requirements of Thai law. A properly executed prenuptial agreement is generally considered a valid legal agreement in other various jurisdictions. In order for a prenuptial agreement to be valid in regard to a marriage registered in Thailand it had to have been signed by both parties, as well as two witnesses, and must have been previously submitted to the local district office.

Related Topics: Thailand Prenuptial Agreement, Marriage in Thailand, Thailand Investigators

(Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.

Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.)

[Soutpeel]

seeing as she is living in singapore wouldnt it be more expedient to lodge it in Singapore seeing as she is now resident there ?

the added benefit will be all paperwork will be in English, one suspects all she would need is a copy of her marriage certificate, and assuming its a "clean" divorce would be pretty easy to sort out

just realised your friend in Thailand is seeking the divorce against the wife, thought wife was the friend and living in Singapore...

Edited September 1, 2013 by Soutpeel

[Thanyaburi Mac]

A www site on divorce in Singapore says both parties must be resident for three years.....

Mac

[NanLaew]

Tell your friend to surf the internet for specific information from the jurisdiction in the US where they registered the marriage. I seriously doubt the local amphur can annul anything that wasn't done in LOS, regardless of what lawyers say.

Or go to Haiti.

Edited September 1, 2013 by NanLaew

[stoli]

Thank you for the replies. Looks like meeting with an attorney here may help. Over & out.

[mesquite]

Not the answer you're looking for, but I have a friend who found the easiest way was to have one party (his wife) travel to Guam, stay for 7 days, then get the divorce. Both he and his wife are Americans married in the US.