easiest and safest way to go about getting an uncontested divorce

[JustAnotherFarang]

Hi guys

After 15 years of being in Thailand and married for 10+years to the same lady, I have decided that the time has come to cut my losses and get an uncontested divorce.

I have decided on this because I am tired of being lied to, cheated on and deceived. My problem is that everything that we own is in my wifes name including 2 pieces of land, the pickup and 2 motorbikes.

Last year I completed building our home. We had agreed that seeing as the land and everything else was in her name that the house would be in my name but when I asked to see the book for the house I saw that it was in her name and I was not even listed as living there.

The only thing that I have in my name is my bank account which has around 1.5 million bht in it which I have earned from teaching. Everything that we have purchased has been from my hard work as she had no savings and has not paid for anything over the years.

So how do I go about getting an uncontested divorce that is favourable to me. Any advice would be appreciated

Thanks

JAF

[paz]

I do not see how you can get into an uncontested divorce. Per Thai law your wife can claim half of what is the bank book - even if it's in your name only, and you earned it. And you can claim half of the land, house, and vehicles, even if these are in her name only but you only paid for them. That will most likely raise litigation and a court case. Good luck.

Edited March 1, 2015 by paz

[slipperylobster]

Yes....Thai ladies have all the leverage here...as they own it (and will pawn or 2nd mortgage everything before you know it). Even if you subleased...she could make you so miserable (or worse) that you would walk away, eventually. I would keep her on the good side, if possible. Perhaps she will divide up what you bought..but not likely. Making enemies will not help...

I learned this the hard way. I walked away from 80,000 usd, and all the furnishings...just to be free. My marriage was not bad, it was just that my wife lied about her child, and could not conceive for me. Damage done, after 13 years, I still gave her money to buy the house and lot. I made my children with another girl, and now all are grown, except the youngest (16). The children all all happy, and doing fine. The Philippines is similar to Thailand, as the property is usually in the wife's name. (Prior planning allows for some exceptions...for example, Corporation title or large investment.). Thailand has "ways" but none seem to work well either...except condo ownership.

Only smart thing I did was retain full retirement and social security. That was worth a lot more than a house and car with payments, second mortgages, etc (which you cannot control, as she own everything). I hired a paralegal (we were married in the USA) and filed for a non contested divorce (100 usd filing fee in court)..giving her everything (but no child so no child support...and I was not retired yet, so no access to that).

All those things have been replaced...and then some. I helped my wife's hidden daughter get to the USA (Filipina) and she is a Manager for a famous Casino. They will help each other out....and I have my kids. It was a long haul....but what saved me was my latch on my Retirement, and the fact that she had no children with me. Very happy with the Uncontested Divorce. I have not remarried, as I have learned my lesson. I do have a live-in...who benefits greatly. I now rent., and keep assets..such as cars, in non negotiable credit. (minimum down payments, making it non profitable for anybody to sell). Credit is in her name...not mine.

[davidst01]

its got to be once a month we read about a farang saying that everything is in her name and divorce is on the cards.

Move the cash out of that bank if she knows about it.

The rest will be divided into 2 assuming it was acquired during the marriage. Anything before the marriage is yours.

Be cautious if they are a dubious family as you dont want anything happening to you just bc of money....

[PhuketFarang]

Am I missing something here? Is this an uncontested divorce, which basically means it occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and ( your spouse either agrees to the divorce, or fails to appear in the divorce action.

So, since this is an "uncontested divorce" then what's your issue with the land and other properties?

[BlueSkyCowboy]

What are you teaching. Floating in space? After 15 yrs in Thailand and 10 yrs marriage. Obviously you accepted and tolerated some strange situation for a long time. What changed now?

[BlueSkyCowboy]

I do not see how you can get into an uncontested divorce. Per Thai law your wife can claim half of what is the bank book - even if it's in your name only, and you earned it. And you can claim half of the land, house, and vehicles, even if these are in her name only but you only paid for them. That will most likely raise litigation and a court case. Good luck.

I assume that she got him right where she wants him and he is not contesting. hahahaha

[mikiea]

I do not see how you can get into an uncontested divorce. Per Thai law your wife can claim half of what is the bank book - even if it's in your name only, and you earned it. And you can claim half of the land, house, and vehicles, even if these are in her name only but you only paid for them. That will most likely raise litigation and a court case. Good luck.

I assume that she got him right where she wants him and he is not contesting. hahahaha

ehhhh...... the call that "by the short hairs" :-)

[smotherb]

When will they ever learn? A song title or the story of life?

If you want out, make it uncontested, give her all the assets including the bank account and breath freely again. However, as I have been told by a Thai lawyer, to be safe from any post-divorce attempts on your assets, you'll have to have a lawyer draft an additional document--in addition to the divorce decree--to be signed by her that your marriage is finished and done and no more property claims may be made by either party. Of course, that may be just another way the lawyer gets more money from you.

[ChiangmaiRob]

Do you know why divorces are so expensive? ..... because they're worth it!! ?

[Baa_Mango]

Easiest and quickest way:

Suitcase of money, a few police officers, and a decent lawyer. Job done. Or you can get screwed around and spend twice that amount. Get it done

[rotary]

Depending on what value you place on house and vehicles it might be better to take the cash from the bank and just leave if you intend to depart Thailand for good. Something to consider anyway. I guess she could take you to court in your homeland but I would say that's a small chance.

[slipperylobster]

Uncontested in California (Obviously not Thailand), simple means an out of court settlement, and a cheap filing for divorce. No lawyers, and no time consuming court battles. It does not mean you give up everything....but it does mean that you and her agree on what is split between you.

It worked for me, Just a fifty usd fee for a paralegal and another 100 usd fee to file. It also only took two weeks. The paralegal provides all the paperwork, and the court simple files it and Stamps it with a seal...as a legal document. No judge, jury, witnesses, lawyers. On either side.

If something goes wrong later, you can use this divorce settlement and go after what belongs to you.

Try tricking her into agreeing to a settlement. Hire the paralegal and have them put in some "unclear" stipulation that makes it look like you will support her...but actually have it be a one time payment (not monthly). It might work

[SOTIRIOS]

...anyone that finds this an opportunity to 'make a funny'...or show how much smarter he is....go !@#$%^&* yourself.....

[nithisa78]

When future anthropologists study us, they will learn a lot about what’s important to us by looking at our newspapers.

[nithisa78]

...anyone that finds this an opportunity to 'make a funny'...or show how much smarter he is....go !@#$%^&* yourself.....

Thank you Sir. When the Mrs. and I were growing into our new love and life, I could not believe some of the absurdly cold things people would say just off the cuff.

I felt sorry for them. We've done well. Have shown each other a part of God neither of us had truly noticed before. That's a little scary at first.

[ChiangmaiRob]

...anyone that finds this an opportunity to 'make a funny'...or show how much smarter he is....go !@#$%^&* yourself.....

Touch a nerve did we?

[jcnbkk]

Yes....Thai ladies have all the leverage here...as they own it (and will pawn or 2nd mortgage everything before you know it). Even if you subleased...she could make you so miserable (or worse) that you would walk away, eventually. I would keep her on the good side, if possible. Perhaps she will divide up what you bought..but not likely. Making enemies will not help...

I learned this the hard way. I walked away from 80,000 usd, and all the furnishings...just to be free. My marriage was not bad, it was just that my wife lied about her child, and could not conceive for me. Damage done, after 13 years, I still gave her money to buy the house and lot. I made my children with another girl, and now all are grown, except the youngest (16). The children all all happy, and doing fine. The Philippines is similar to Thailand, as the property is usually in the wife's name. (Prior planning allows for some exceptions...for example, Corporation title or large investment.). Thailand has "ways" but none seem to work well either...except condo ownership.

Only smart thing I did was retain full retirement and social security. That was worth a lot more than a house and car with payments, second mortgages, etc (which you cannot control, as she own everything). I hired a paralegal (we were married in the USA) and filed for a non contested divorce (100 usd filing fee in court)..giving her everything (but no child so no child support...and I was not retired yet, so no access to that).

All those things have been replaced...and then some. I helped my wife's hidden daughter get to the USA (Filipina) and she is a Manager for a famous Casino. They will help each other out....and I have my kids. It was a long haul....but what saved me was my latch on my Retirement, and the fact that she had no children with me. Very happy with the Uncontested Divorce. I have not remarried, as I have learned my lesson. I do have a live-in...who benefits greatly. I now rent., and keep assets..such as cars, in non negotiable credit. (minimum down payments, making it non profitable for anybody to sell). Credit is in her name...not mine.

You raise a question for me when you mention retaining pension and soc. sec. I'm already getting a pension with no survivor/wife because I wasn't married when I started it. I'm turning 62 in a few months and planning on taking early so. sec. and I was going to add my fiancé/wife when she gets here to the states before that so she can get so. sec. spouse/survivor benefits after I die. I thought that would be an important benefit for her later in life. But I hadn't thought about the divorce angle. I plan on a pre-nup before marriage. Aren't these issues that can be addressed then??