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help! Wife won't sign divorce papers


KonKorat

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Hi,I am an Australian man trying to divorce my Australian wife so i can marry my Thai girlfriend of over 5 years.The problem is my wife won't give me her address so papers can be served to her.She says she is ok with the divorce,but refuses to give me her address and only supplied a post office box which is not acceptable,i told her we can meet somewhere and i can serve the papers to you for signing.She says i need to think about it,phone me back tomorrow,I phone back and her phone and mobile phone have been disconnected.What i really want to know is can i still get married in Thailand even though i am not divorced in Australia?someone told me i can have a village wedding in Thailand and still be married in Australia,is this true?any feedback would be appreciated,cheers

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No you can not register a legal marriage in Thailand without proper paperwork from your Embassy including that you are single or divorced. There is no marriage other than registration with a District Office but many people just live together as husband and will have normal boon type monk blessings. But that has no legal status and would not allow staying in Thailand for marriage reasons.

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Where is there is not a mutual desire to dissolve a marriage, then life becomes complicated, especially financial complications.

Perceived betrayal can be never-ending and the desire of the betrayed spouse will persist for several lifetimes. it is times like these that you need to seek the counsel of a competent attorney. He/She should guide you as to your options. If your spouse has cut off communications to you, then I would think that by her actions, she has de facto, abandoned the relationship.

Ultimately if that is the judgement of the court, that is verily likely in your favor as you plead your case for divorcement. If your spouse, by default ignores the summons, then repeated attempts by you to obtain signatures on relevant documents is unsuccessful, then she will be the one that will suffer the consequences of a default judgement.

if you have not done so, then you should create a diary of events covering dates and times of your marriage relationship to the best of your ability. Again, you need to obtain an hours worth of consultation. Not only with a Thai attorney, but also with an attorney or para legal in Australia.

Diplomatic protocols says that if you have a valid marriage in 1 country, then that marriage is recognized in another country. Likewise, if a valid divorcement is executed in 1 country then its also recognized the in the country where you are a citizen of.

I had a friend of mine, a US citizen living in the Philippines, sought to divorce his philippina wife and ran into road blocks in the PH. His solution was to return to the USA, establish residency then filed for divorcement in the USA. Once accomplished, he then with papers in hand, presented a copy to his now divorced spouse and this allowed him to remarry yet another phlippina lady.

hope that helps. Good luck. I hope that all works out for you.

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Yeah, I'll wager you wish you'd had that informal village marriage with your Aussie wife, don't you.

Who was that reprobate who suggested the institution of marriage in the first place?

'Who was that reprobate who suggested the institution of marriage in the first place?"

Someone seeking an extension of stay based on marriage?

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Hey Dude-why are you so desparate to get married-better take it as a good sign that your ex wont authorize the divorce-otherwise you may be doing the same with the new one.Obviously the Thai girls push for marriage to lock in the assets but better keep a cool head and not do that ,why bother.Do you think just by being married with some silly document that will get you into heaven or some other silly idea.You canbring your girlfriend to OZ without being married if that is what you are after.

It sounds a little harsh but you are SO right! Getting married will not bring much benefits, except the visa perhaps. Think twice and use your ex as an excuse not to marry. Perfect excuse it is!

And for good feelings and commitment do the local village and monks. That's very nice anyway and will give your Thai partner pride and recognition.

Edited by Travel Dude
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http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce/Divorce/

lots of luck.

I've a good lawyer friend.

I can’t find my spouse to serve a divorce application, what do I do?

If you have made a sole application, you need to serve the divorce application on your spouse. If you have taken all reasonable steps to serve your divorce application on your spouse and you are unable to do so, you can apply to the Court for:

  • substituted service, or
  • dispensation of service.
Edited by nithisa78
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