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How can I divorce my husband.


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Posted

Hello all,

to keep it short . My husband had an affair since March 2013 and now he's with another woman. ( we met and lived in Thailand all these 10 years, married legally for 7 years ) He also told me he's in a new relationship but he wouldn't give me the answer of when he will come to divorce me. I asked him a few times.

He went back to England last year in May and doesn't want to come back. He said he's not ready. I just want him to let me go completely.

I don't have money to take this case to court.

So please advise. I need help

My son, our son is with him ..that's another topic I will post shortly. I need help on my son's custody too

Thanks a lot for reading through this

Posted

What is your nationality, i am assuming your husband is british?

Yes, whether the OP is English, or Thai, or American, or something else, makes a big difference.

  • Like 2
Posted

It's an affair...yes. but it's been more than 2 women for sure since last year.. so how many more does he needs ? lol

TO be honest, it's been 1 and half year now facepalm.gif

Posted

...if he has admitted as much...and you have had enough of this abusive situation...not to mention the health risks....

...find a way to consult a lawyer...you have a strong case and should be entitled money to enough to carry on your life..

......and possibly gain custody of your child...

....but as mentioned....many things do depend on...you nationality....as well as your husband's .......

Posted

If he is British and has son with him legally, and you are Thai = Expensive and Take Long Time.

If he has resources, he can hire British attorney and make it difficult for you.

Possession of son legally will be difficult to challenge, and all of this will cost you much money and time.

Not easy.

I suggest: contrite, meaningful conversation. Suggest he let you talk to son. Maybe you can convince son to return to you and Thailand.

You ask for advice and suggestions .... but give few details. So hard to offer advice.

Good luck and best wishes.

Posted

Dear tb42_50

Maybe if you post some clear details of your own nationality, where you are located, what country you were married in, his location etc, what country your son is currently located then maybe you might avoid some of the rubbish being posted and maybe get some clear points.

But always remember this webboard (like all webboards) is full of arm chair lawyers you think they know the law and don't or they quote the law in other countries - totally unhelpful, and/or comments about what some folks would like to see as the law in terms of their own situations.

Is there a free public lawyer or advocacy service in your country? If so get some clear and focused advice from them.

  • Like 1
Posted

Here is what I found in a book about Thai Law for foreigners (From Benjawan Poomsan Becker):

If your spouse refuses to give you a divorce or you cannot agree on the terms of settlement, you may go to court and obtain a divorce. Thai law requires that you establish grounds for a divorce before the court will grant the divorce.

GROUNDS FOR DIVORCE:

Thai Law sets out the following grounds for a divorce:

- The husband has treated or honored another woman as his own wife, or the wife has committed adultery.

- One Spouse has committed a criminal offence or a serious act of misconduct (Thai law does not define misconduct, but acts that shame the other spouse or subject them to insults or ridicule will suffice).

- One spouse has harmed the other or suffers from mental illness.

- One spouse has deserted the other for one year or more.

- Either party has lived separately for three years or more.

- One spouse has disappeared for three years or more.

- There is a lack of marital support from the other (Thai law requires both parties to the marriage to support the other to the extent they are able to. If one party does not, it is grounds for divorce.)

- One spouse has been declared insane for more than three years and is not curable.

- One spouse has broken the bond of good behaviour. (Thai law allows the parties to a marriage to enter into an agreement of good behavior and define the terms within the agreement. If one party fails to live up to this agreement, it is grounds for divorce.)

- One spouse has an incurable disease that may affect the other.

- One spouse has a permanent physical handicap that makes it impossible to cohabit as husband and wife.

The process of petitioning the court for a divorse is complicated, so you will need to hire a lawyer. A lawyer can process the divorce in court and act on your behalf if you are living outside Thailand. To do so, you will need to provide him with a power of attorney.

You will have to suppply your lawyer with the facts regarding your marriage, children (if any), assets, and pertinent dates and circumstances of the marriage. If you have a prenuptial agreement, it will be reviewed and considered in the Thai court.

Remember that Thailand is considered a community property jurisdiction, so property acquired during the marriage is subject to division, with half going to each spouse. If you have considerable assets in your home country, and are seeking a divorce in Thailand, division of those assets will be very complicated and involve conflicts of law and other concepts outside the scope of this book. You will need the assistance of an attorney in Thailand and your home country to resolve these issues. Also, both parties are responsible for debts incurred during the course of the marriage.

If the parties cannot decide on a settlement agreement for the division of property, child custody and support, and other such matters, the court will decide for them. This is almost never a good resolution and will significantly increase the costs for obtaining the divorce. Fees for having this proces done by a lawyer for a simple case can start at approximately 30.000 baht and exceed 100.000 baht, depending on how complex the case is. It takes two months or longer to get a court order for dissolution. The Lawyer will represent you in the preliminary hearings, but you may have to appear in court if the court orders you to do so.

A court order dissolves the marriage and the divorcing parties do not need to register their divorce. If there are other conditions taht they want to register, they can do so in the presence of a registrar officer to finalize the divorce.

If you register your marriage in your home country, your divorce will need to take place there an will be processed according to the laws of your home country. You will need to consult with a lawyer from your home country to determine the steps necessary to get your divorce.

Posted

If he doesn't want a divorce, the only way to get a divorce is if you go to court. You can do that in Thailand, as that is where you got married and where you live.

  • Like 1
Posted

You haven't stated your nationality, and your statement is very vague, in my opinion. Where are you from? If from Thailand? Where in Thailand. Put the cards on the table, and be honest. Were you married before? Please explain.... Sorry can not comment on this subject and have no reason to......

Just my opinion..... kilosierra rolleyes.gifrolleyes.gifrolleyes.gif

  • Like 1
Posted

It's an affair...yes. but it's been more than 2 women for sure since last year.. so how many more does he needs ? lol

TO be honest, it's been 1 and half year now facepalm.gif

I would like you give you some advice but, Are kidding? You have known your husband cheating over one and a half year but still doing nothing? And your son with him? That was difficult for you to custody the child. Just ridiculous.

In this case if you really want to divorce you need to find money first.

I spend 350,000 Baht already just for a lawyer and the judicial cost. Wasting of time but you can get divorce 100%

Good luck.

?

Posted

If you are married to a Thai lady in Thailand ..is it acceptable to have a girlfriend sometimes?

You better ask your wife if she can accepted that. You will know the answer.

?

Posted

I get the impression that people posting here are wasting their time, including me. Is the OP simply wanting to draw traffic or increase their posting count? As people say, not enough information has been given and no replies from the OP responding to questions.

One last try then. OP, what nationality are you and where were you married?

  • Like 2

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