samuiseagull Posted June 2, 2015 Share Posted June 2, 2015 So, have been separated from my Thai wife for well over four years now. At the time I was unwilling to sign for the uncontested divorce at the Amphur. During this time we both had lawyers involved due to business interests but I decided to just "walk away" and leave it as I knew I was wasting time and money on it all. Upon expiry of the three years term I was expecting the legal formality to kick in and for her to instigate the divorce proceedings from her side but absolutely nothing has been received and no more contact made between the two of us. We are now both in new relationships and I know that my wife has just given birth to a daughter from her current partner. Could she have divorced me without my knowledge? How would I know this to be the case? Any ideas on this would be grateful. Just seems strange that no further action has commenced on her side. Not that I know anyway!!! Link to comment Share on other sites More sharing options...
colinneil Posted June 2, 2015 Share Posted June 2, 2015 My ex wife divorced me when i was in UK. First i knew was nearly 1 year later. Totally illegal in Thailand, but it happened. Link to comment Share on other sites More sharing options...
samuiseagull Posted June 2, 2015 Author Share Posted June 2, 2015 My ex wife divorced me when i was in UK. First i knew was nearly 1 year later. Totally illegal in Thailand, but it happened. How did you find out ? Link to comment Share on other sites More sharing options...
thrilled Posted June 2, 2015 Share Posted June 2, 2015 Things happen.Maybe sign your name on the paper. Link to comment Share on other sites More sharing options...
elgordo38 Posted June 2, 2015 Share Posted June 2, 2015 You don't have to get married to have a baby. Link to comment Share on other sites More sharing options...
wooloomooloo Posted June 2, 2015 Share Posted June 2, 2015 Could she have divorced me without my knowledge? I thought you'd walked away. What's the sudden interest. Link to comment Share on other sites More sharing options...
Tywais Posted June 2, 2015 Share Posted June 2, 2015 This is the list of legal grounds for divorce - http://www.hg.org/article.asp?id=23648 Link to comment Share on other sites More sharing options...
samuiseagull Posted June 2, 2015 Author Share Posted June 2, 2015 (edited) Things happen.Maybe sign your name on the paper. You don't have to get married to have a baby. Could she have divorced me without my knowledge? I thought you'd walked away. What's the sudden interest. So, do any of you actually have the answer to the question i'm asking?? I should have known better than to ask a genuine question on here. Silly me. Unbelievable. Edited June 2, 2015 by samuiseagull Link to comment Share on other sites More sharing options...
samuiseagull Posted June 2, 2015 Author Share Posted June 2, 2015 This is the list of legal grounds for divorce - http://www.hg.org/article.asp?id=23648 Yes. Thank you TYWAIS. I am fully aware of the grounds for divorce. My wife was the one committing infidelity. We had a business and house (all in her name as usual) I was certainly not prepared to do her any favours at the time by going along to the Amphur and giving her the divorce that she obviously wanted to make her life nice and comfortable. The rules state that only the offended spouse can file for divorce but we're talking about Thailand here. I've heard nothing since. So, could she have divorced me without my knowledge?? Link to comment Share on other sites More sharing options...
colinneil Posted June 2, 2015 Share Posted June 2, 2015 My ex wife divorced me when i was in UK. First i knew was nearly 1 year later. Totally illegal in Thailand, but it happened. How did you find out ? How did i find out !! Easy she told me on the phone. Yes stupid me was still sending her money for herself and her son. I was in England working. Forget about legal ways to divorce, this is Thailand anything is possible. Link to comment Share on other sites More sharing options...
Thanyaburi Mac Posted June 2, 2015 Share Posted June 2, 2015 Not that complicated to get a divorce here without the other party being aware of it. Needs to go through the court, which will require that a public notice be issued in, for example, a newspaper with nationwide circulation in Thailand. If there is no response, then the court may issue the divorce decree. Mac Link to comment Share on other sites More sharing options...
slipperylobster Posted June 2, 2015 Share Posted June 2, 2015 That depends... Were you married without your knowledge? Link to comment Share on other sites More sharing options...
cnx355 Posted June 2, 2015 Share Posted June 2, 2015 My ex wife divorced me when i was in UK. First i knew was nearly 1 year later. Totally illegal in Thailand, but it happened. How did you find out ? Maybe you can have a lawyer check the social registry to see if you marriage is still valid. You have her ID card number and marriage document so maybe even yourself can go to ampheur office and check. Link to comment Share on other sites More sharing options...
cnx355 Posted June 2, 2015 Share Posted June 2, 2015 (edited) Note: People on marriage extension go get a K R 2 form I believe, to prove that they are still married so I guess you can check that. Or ask a lawyer to do it foe you. Edited June 3, 2015 by cnx355 Link to comment Share on other sites More sharing options...
NanLaew Posted June 3, 2015 Share Posted June 3, 2015 The OP's wife could quite easily have petitioned for divorce. Is it possible that the public notices that the court requires could have been overlooked by the OP if they were in the Thai press? She could also have claimed that she didn't have a contact address for the OP (did she?) and it would have been even easier. Then she could get an uncontested divorce on grounds of separation (no contact for 3 years) or even sooner on abandonment (1 year). Link to comment Share on other sites More sharing options...
colinneil Posted June 3, 2015 Share Posted June 3, 2015 I did get a lawyer involved, just cost me money, as i was already divorced. Link to comment Share on other sites More sharing options...
prakhonchai nick Posted June 4, 2015 Share Posted June 4, 2015 Not that complicated to get a divorce here without the other party being aware of it. Needs to go through the court, which will require that a public notice be issued in, for example, a newspaper with nationwide circulation in Thailand. If there is no response, then the court may issue the divorce decree. Mac I obtained a divorce some 15 years ago without my ex being aware. She had "gone missing for several years" A lawyer was involved, public notices were displayed, letters sent to her parents etc, and in the end the court granted the divorce. A second court hearing granted me legal custody of our daughter. Strangely, the day before the court hearing she made contact after 5 years! In the case of Colin Neil (above), I dont believe any court were involved. This was a "fix" by corrupt amphur employees, using fake or non existent documents from him. As Colin says -this is Thailand -anything is possible. Link to comment Share on other sites More sharing options...
kkup Posted June 4, 2015 Share Posted June 4, 2015 Just go ask the court / place where you did the marriage and ask the status, seems simple to me, not that I've done it. Or ring and ask her. Then go have a beer. Link to comment Share on other sites More sharing options...
prakhonchai nick Posted June 4, 2015 Share Posted June 4, 2015 Just go ask the court / place where you did the marriage and ask the status, seems simple to me, not that I've done it. Or ring and ask her. Then go have a beer. If the ex wife has done it all, it will have saved you money. Forget the beer - have a good Scotch whisky or 3 Link to comment Share on other sites More sharing options...
RigPig Posted June 4, 2015 Share Posted June 4, 2015 You don't have to get married to have a baby. Good to see you learned something from all those nights hanging around bars, I bet that NEWS shocked lots of us!!! Link to comment Share on other sites More sharing options...
Jonathon Posted June 4, 2015 Share Posted June 4, 2015 It is entirely possible that she has obtained a divorce in you absence by going to the court. Once the court has agreed the divorce they will issue documentation which has to be taken to the District / Amphur office along with a witness or two so they may issue the divorce certificate. The divorce certificate is always issued in duplicate but they will not give your copy to your (ex) wife. So if you are in fact divorced then the certificate will be held at that office awaiting your collection. Link to comment Share on other sites More sharing options...
Ballbearing Posted June 4, 2015 Share Posted June 4, 2015 Not that complicated to get a divorce here without the other party being aware of it. Needs to go through the court, which will require that a public notice be issued in, for example, a newspaper with nationwide circulation in Thailand. If there is no response, then the court may issue the divorce decree. Mac As noted a Thai woman may go to court and request a divorce and if the other party is overseas she then contacts the appropriate embassy and they then attempt to contact the other person in their home country. If embassy is unsuccessful in establishing contact after a certain period (think it is 4 weeks but not sure) or there is no response then the court can grant the divorce. Cheers, BB Link to comment Share on other sites More sharing options...
BlackJack Posted June 4, 2015 Share Posted June 4, 2015 To the OP from experience a man was forced out of the business and life with his wife - she got goons to frighten him off more or less forced back to his own country as no way to support himself after she grabbed the business while he was gone wife filed for divorce papers to attend court were sent to husbands last known or registered address but he was not in country and so she testified in court he didnt turn up as he didnt receive notice she won with a bunch of nonsense lies - said he was no good and had girlfriends etc. This is why Immigration wants people to show face every 90 days or register where they are staying - so these papers can be sent to them The case went back to court on appeal and 2 years later it is still being fought out as the Sim Sod Law is that each gets 50/50 of what they acquire after the marriage. Its he said she said then appeals etc. or try to negotiate a settlement. But no jury here and so the whole case is based on paperwork. So if you brought money into the country to set up business or buy house then you need to use these docs as evidence. Accounts and all moneys spent - keep all docs as you may need to prove in court that you brought in the money and set up the business. It is hard for wife to prove where she got a million baht and so credibility/facts is on your side. Link to comment Share on other sites More sharing options...
prakhonchai nick Posted June 4, 2015 Share Posted June 4, 2015 Not that complicated to get a divorce here without the other party being aware of it. Needs to go through the court, which will require that a public notice be issued in, for example, a newspaper with nationwide circulation in Thailand. If there is no response, then the court may issue the divorce decree. Mac As noted a Thai woman may go to court and request a divorce and if the other party is overseas she then contacts the appropriate embassy and they then attempt to contact the other person in their home country. If embassy is unsuccessful in establishing contact after a certain period (think it is 4 weeks but not sure) or there is no response then the court can grant the divorce. Cheers, BB 2 Problems here. 2 women in my vlillage have experienced these. 1 ) To go to court it is necessary to use a lawyer. Many Thai women do not have the money required for the lawyers services. 2) What if the husband does respond and says he does not agree to a divorce? Link to comment Share on other sites More sharing options...
doublephil Posted June 4, 2015 Share Posted June 4, 2015 Yes - it is very easy to be divorced without the other party knowing about it. I divorced my Thai wife here in Thailand whilst she was in the UK with her new partner and she knew nothing about it. It's a simple legal procedure as others have posted and I was in the court for about 5 minutes. You can check at any Amphur because everything is recorded on their national computer system. Just take your original marriage certificate and passport for ID and ask if them to check if the marriage certificate has been cancelled. If you don't speak good Thai, take someone to help you so they can explain why you are asking.. Link to comment Share on other sites More sharing options...
Khunangkaro Posted June 4, 2015 Share Posted June 4, 2015 OP, why did you not yet check at the Ampher at first before posting at TVF? Link to comment Share on other sites More sharing options...
mango66 Posted June 4, 2015 Share Posted June 4, 2015 Not that complicated to get a divorce here without the other party being aware of it. Needs to go through the court, which will require that a public notice be issued in, for example, a newspaper with nationwide circulation in Thailand. If there is no response, then the court may issue the divorce decree. Mac I obtained a divorce some 15 years ago without my ex being aware. She had "gone missing for several years" A lawyer was involved, public notices were displayed, letters sent to her parents etc, and in the end the court granted the divorce. A second court hearing granted me legal custody of our daughter. Strangely, the day before the court hearing she made contact after 5 years! In the case of Colin Neil (above), I dont believe any court were involved. This was a "fix" by corrupt amphur employees, using fake or non existent documents from him. As Colin says -this is Thailand -anything is possible. right ! in 3rd worls no rights, everything is possible; Link to comment Share on other sites More sharing options...
mango66 Posted June 4, 2015 Share Posted June 4, 2015 my one managed a nice photo shooting in a studio, like wedding pictures with the family, later she send pictures out, we are lucky married; Now we have 2 kids already , 10 and 5, and we have no problem to get " DEWARSD "" Link to comment Share on other sites More sharing options...
Mudcrab Posted June 4, 2015 Share Posted June 4, 2015 Hope she has divorced you. Not stayed legally married and racked up a lot of debt that you may still be liable for. Link to comment Share on other sites More sharing options...
dotpoom Posted June 4, 2015 Share Posted June 4, 2015 You don't have to get married to have a baby. He said she had a baby with her partner. Link to comment Share on other sites More sharing options...
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