sos - served with Divorce paper in my homeland

[FarangSOS]

In 2010, I married to a Thai National. I had to return home for work and in the process shortly after... our relationship fell out she cheated on me. I did not bother to return or want to deal with her. I just wanted to finish the relationship. I did not return to Thailand since. She did not become a priority any more.

In my absence she has moved on, found another guy and been to England. Today (July 7th, 2014) I was served with court documents (in Canada) to appear in court July 28th, 2014. There is no way I can appear in court or have anyone represent me.

The doucuments she served me are from a legitimate law office but the only thing is that there are a number of errors pertaining to the facts stated.

Such as:

My brother who was a witness (his last name is spelt wrong).

It states that my Mother and Father live in Bangkok, Thailand. They've never been there before.

It also states that I have lived in Thailand for over 4 years with her. That is impossible. I only have enough stamps totally maybe 4/6 months.

I am particularly concerned this clause:

Additional Request Annexed to the Civil Complaint

Therefore, I am requesting the court to issue a subpoena summoning the Defendants for a hearing and to order according to the following request:

1. To order the Defendant to register the divorce. If the defendant fails to do so, the court judgement shall represent the Defendants intention.

2. To order the Defendant is liable for the court fee and attorney fee on behalf of the Plaintiff.

I strictly stated to her months ago that if she wants to get this done, she and her new partner can cover the costs. There is no heated anger between us... we both were young and stupid for getting married but what steps should i take?

What trouble can I encounter if I do not appear before the court? (Will I get thrown in jail if I ever return?) What outcome am i facing?

Is there any way someone could assist or advise me what my options are and what immediate steps I should take to resolve this?

I greatly appreciate the guidance.

[transam]

There is an "Ask a Lawyer forum"...

[Gumballl]

Why can't the OP appear in court? Why can't the OP hire a lawyer to represent him in court?

I realize that life is full of surprises, and not all are pleasant. It seems to me that his ex-wife merely wants to move on with her life, but requires a legitimate divorce. As for the cost, she is merely asking that the OP cover it... that does not mean that the court will side with her request.

Anyhow, the OP should have a damn good reason if he does not show up to court; after all, he has been summoned. He could always ask the court to postpone the proceedings until another date. Not showing up to court could be considered being contempt, and that could land him in jail.

But hey... this is merely my $0.02. I'm not a lawyer.

[casualbiker]

just get the divorce and end it.. what benefit do you get by still being married to this women.. none.. just get divorced and move on.

[Upnotover]

Just a guess, but I think the OP is in Canada and the court appearance is in Thailand, hence his reluctance to show up. But probably could appoint a lawyer to do so.

[casualbiker]

All he needs to do is send a letter translated and authorized at the Thai embassy to state he is happy to get a divorce .. it's a formality ..even if he does nothing then the same thing happens again next year and the court automatically annuls the marriage ..

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[marstons]

Why bother about appearing, you live in Canada and its a Thai court. Bin it, no compulsion to appear here.

[Carib]

When married in Thailand I would ignore the lawyer / law office, contact her and if she wants an uncontested divorce agree to meet in Thailand, both take your marriage certificate with you to the Amphoe and get it over and done with.

Cost between 30-200Baht depending on paperwork. Easiest fastest and cheapest way to get it done. See it as an holiday and let her or her new friend contribute to your ticket costs, after all it is to his benefit too.

[casualbiker]

Why bother about appearing, you live in Canada and its a Thai court. Bin it, no compulsion to appear here.

One problem .. he is officially married so cannot remarry . Also he may be liable for any debt she incurs.

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[SDM0712]

There is an "Ask a Lawyer forum"...

They wouldn't know, the Court that issued the summons (as we Brits call it) is in the UK and this is a matter of UK Law.

As anyone who reads my posts know I have property business in both the UK and Thailand (yawn I know), but this means I still deal with lots of legal companies in the UK. If then OP would like me to suggest a couple of UK Solicitors, please PM me.

This matter did come up recently where I was forced to issue proceedings against a chap who had since moved to New York from London. The advice I was given is that as long as I have an address I could have the Court summons sent there. However enforcing any judgment just wasn't practical.

As far as I know if you fail to appear in Court and you have no legal representation the Judge will make a ruling according to the facts as they are presented to him, one sided no doubt. Take advice from a British solicitor but I think what they will probably suggest you do is to write to the Court, explain it is not practical or affordable to travel the the UK for this, and provide a witness statement notarised by a Canadian Lawyer or Notary Public.

It sounds like you have received a letter from your ex's lawyer. I really wouldn't worry about the demands that you pay costs or the like. These lawyers write overly aggressive and demanding letters to spook the other side. Either I can recommend a firm for you to have a telephone chat with, or go to The Law Society Website.

I really wouldn't worry, you won't be banned for the UK or arrested in the arrival hall at Heathrow for not appearing or extradited !

SDM

PS Sorry I may have misunderstood, have you been summonsed to appear in Thailand or England ? If it's Thailand, as Transam rightly says, try the "Ask a Lawyer" section and ask a lawyer.

Edited July 15, 2014 by SDM0712

[NeverSure]

OP, How much time is there before this hearing? Often the best way to deal with these things is to nip them in the bud.

I'm not a lawyer so take this for what you will.

I think the lawyer and ex are in Thailand and you are in Canada? You would actually like to be divorced?

Does she still have a Brit who wants this too and who probably paid for the Thai lawyer?

I would call or email that Thai lawyer and tell him I wanted the divorce. I would ask him to mail me any papers I needed to sign, even before a notary and that I would get them right back to him.

I would also clearly tell him that I couldn't show up in Thailand.

If I still had contact info for the ex I would CC her. That's because unless she knows about the offer and can show it to the Brit, the lawyer can fail to tell her and keep running up legal bills.

If all they really want is the divorce, you should be able to get the papers via email, sign before a Notary and send them back the quickest way possible.

The lawyer should have simply sent you a demand first along with papers, but you get a couple of farangs in the mix and he might be looking at fees instead of his client's best interests.

[FarangSOS]

Thanks for everyone posting questions... I am doing my best to answer them in private msg's.

I will be going to the Thai Embassy in Canada tomorrow to speak to someone there that could assist me.

For those interested... i will post an update.

[NeverSure]

I think you're making this too complicated. Everyone wants a simple divorce except perhaps the lawyer who might want more billable hours.

I would totally ignore the lawyer. That even keeps him from running up more time for the ex.

Simply ask the ex to provide you with papers to sign and you'll get them right back.

I don't know why people are so afraid of lawyers. They put their pants on one leg at a time just like we do. Everyone wants the same thing so go around the lawyer. You have no contract with him, he doesn't have jurisdiction in Canada or even a license to practice law. He totally lacks standing to file an action against you in Canada and he's blowing it out his rear. He's getting paid really well for that circus trick, too.

Get your ex to tell him to send you the proper divorce papers and you'll get them right back. Then go have a beer.

[simple1]

Thanks for everyone posting questions... I am doing my best to answer them in private msg's.

I will be going to the Thai Embassy in Canada tomorrow to speak to someone there that could assist me.

For those interested... i will post an update.

You're not a Thai citizen so why are you going to the embassy? As you mention the embassy, court hearing will be in Thailand?

Edited July 15, 2014 by simple1

[FarangSOS]

I think you're making this too complicated. Everyone wants a simple divorce except perhaps the lawyer who might want more billable hours.

I would totally ignore the lawyer. That even keeps him from running up more time for the ex.

Simply ask the ex to provide you with papers to sign and you'll get them right back.

I don't know why people are so afraid of lawyers. They put their pants on one leg at a time just like we do. Everyone wants the same thing so go around the lawyer. You have no contract with him, he doesn't have jurisdiction in Canada or even a license to practice law. He totally lacks standing to file an action against you in Canada and he's blowing it out his rear. He's getting paid really well for that circus trick, too.

Get your ex to tell him to send you the proper divorce papers and you'll get them right back. Then go have a beer.

I agree... it came out of left-field an just want to get this over with. Thanks.

[FarangSOS]

Thanks for everyone posting questions... I am doing my best to answer them in private msg's.

I will be going to the Thai Embassy in Canada tomorrow to speak to someone there that could assist me.

For those interested... i will post an update.

Thai Embassy has no involvement in civil matters, any advise would just be personal opinion and not legally binding. As you mention the embassy, court hearing will be in Thailand?

Yes it will be in Thailand on the 28th of this month. I am in Canada.

[Carib]

I agree with Never sure, as I already said take care of it yourself ignore the lawyers by going there or as NeverSure said by mail and also keeping the lawyers out.

Why didn't she contact you directly, that is the question here I think, who put her up to that? Lawyers? New boyfriend?.

Keep it simple and do not get blown away by court threats and the like. Divorce is simple ....in Thailand.