Married in Hong Kong, how to divorce in Thailand?

[brucetefl]

I have tried to find the answers online but no luck so far. And the lawyer who is trying to help is not having much luck.

Married a Thai woman in Hong Kong 20 years ago.

It seems, according to HK law we cannot divorce there because we have not lived there for so long.

My lawyer says US law would cause a problem with getting a divorce in Thailand. That makes no sense to me since we have both been living here for 18 yeas now.

Suggestions?

[Thanyaburi Mac]

I'm not a U.S. lawyer but don't see why a legit Thai divorce would make any problem in the U.S. Thai divorces are fine in the U.S.

Are you planning to do it at your local amphur? That's surely the simplest, if agreeable to both parties.

Related thread here:

http://www.thaivisa.com/forum/topic/560375-can-i-thai-divorce-be-made-legally-recognizablevalid-for-usacalifornia-through-the-us-consulate/

Another related thread here:

http://www.worldlawdirect.com/forum/divorce-separation-annulment/80104-divorce-outside-usa-thailand.html

Mac

also a Yank

[realenglish1]

My suggestion is get another lawyer. You can divorce in Thailand no matter where you got married as log as you are living here.

And it is recognized in the USA

[VMOMMO]

You can divorce in Thailand but the US will only recognise a divorce done at the court, they will not recognise a divorce done at the Amphur Office.

Went through the same problem.

[Thanyaburi Mac]

VMOMMO

Hmmm, this is the first time I've heard of this "problem." Need some additional checking, me thinks.

Mac

[Thanyaburi Mac]

Ah, here's a posting last year by Mario that helps: In this instance, the marriage was in the U.S.

Mac

http://www.thaivisa.com/forum/topic/629942-can-i-go-divorce-my-husband-in-us-embassy/

Mario2008

Posted 2013-04-01 08:29:38

You cannot divorce at the US embassy.

What you dio is register your amrriage in Thailand:

1 go to the embassy and get your marrriage documents certified

2. have the documents tranlated into Thai

3. have the documents legalised by the Thai foreign ministry

4. register the marrige at any amphur and apply for a divorce. (Use an amphur like Bangrak in Bangkok, where they are used to foreigners)

If there are assets to divide, prepare an agreement regarding the division of assets.

[brucetefl]

The US does not even really know about our marriage as it never happened there?

You can divorce in Thailand but the US will only recognise a divorce done at the court, they will not recognise a divorce done at the Amphur Office.

Went through the same problem.

[namatjira]

Just do it any way you can....and never ever do it again

[harrry]

The US does not even really know about our marriage as it never happened there?

You can divorce in Thailand but the US will only recognise a divorce done at the court, they will not recognise a divorce done at the Amphur Office.

Went through the same problem.

Big brother knows all.

The UK for some purposes will only recognise court divorces.

[Gumballl]

You can divorce in Thailand but the US will only recognise a divorce done at the court, they will not recognise a divorce done at the Amphur Office.

Went through the same problem.

Not if you are living in Thailand. If the husband/wife are residents of the US (and merely in Thailand on vacation), then you would be correct.

Some states do allow for non-residents to apply for divorce, but typically people file for divorce in the state in which they reside. If they are not a resident of any state (or Wash DC), then they can file for divorce in their country of residence.

In the case of Thailand, for an uncontested divorce, this can usually be done in about 30 minutes or so at the closest Amphur.

Edited August 23, 2014 by Gumballl

[Gonsalviz]

Guam, Divorce in 7 days uncontested and $1200. That was the price 6 years ago. 1 person has to stay there for 7 days which ends up being 6.

[bob4you]

I was married in Philippines, wife has done runner for 2 years, want to divorce here in Thailand where I have lived for 8 years. Is that possible? Need attorney that can handle it

[Thanyaburi Mac]

Bob

Probably possible, but you'll need a lawyer to handle as would a Thai court action.

Below a clip off of a local www site.

There's lots of Google hits for: divorce in thailand What if either my spouse or I is living overseas?

Mac

* 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.