Could she have Divorced me without my knowledge?

[GOLDBUGGY]

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??

Since you are so well versed on the grounds for Divorce then you would know from article 4 that being away from your wife for a year or longer is grounds for Divorce and she can file without your knowledge or consent.

Under normal circumstances the courts would try to contact you about this petition (although I am not 100% certain about Thailand) but since your wife may have filed on the grounds of your abandonment she may claim she has no idea where you are now, even if she does. If the court agrees to your abandonment they will issue a Divorce Certificate after a waiting of period of perhaps 1 year.

So to answer your question, "Yes!" your wife can file for Divorce and get it without your knowledge and consent.

To find out you would need to go to the District Office in which the marriage was registered. In the event that you are not going to return to Thailand than you will need the assistance of a Lawyer in Thailand. Or perhaps a Private Investigator if given the proper documentation. I have hired both from Overseas with no problems as long as they receive payment, which may be before hand.

[samuiseagull]

OP, why did you not yet check at the Ampher at first before posting at TVF?

I'm currently in the UK.

[samuiseagull]

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??

Since you are so well versed on the grounds for Divorce then you would know from article 4 that being away from your wife for a year or longer is grounds for Divorce and she can file without your knowledge or consent.

Under normal circumstances the courts would try to contact you about this petition (although I am not 100% certain about Thailand) but since your wife may have filed on the grounds of your abandonment she may claim she has no idea where you are now, even if she does. If the court agrees to your abandonment they will issue a Divorce Certificate after a waiting of period of perhaps 1 year.

So to answer your question, "Yes!" your wife can file for Divorce and get it without your knowledge and consent.

To find out you would need to go to the District Office in which the marriage was registered. In the event that you are not going to return to Thailand than you will need the assistance of a Lawyer in Thailand. Or perhaps a Private Investigator if given the proper documentation. I have hired both from Overseas with no problems as long as they receive payment, which may be before hand.

Yes, GOLDBUGGY. It was that particular article that got me thinking that if I were her that would have been the route I would have taken.

Regardless of her knowing exactly where I am in the UK I indeed received no notification papers advising me of her intentions.

In saving me the time and hassle, It would be a bonus if she has completed all the necessary paperwork to in fact divorce me. Like I say, at the time I certainly was not in the business of doing her the favour of signing anything.

Four years plus now and I would just like clarification on where the two of us are. Presently, if we're still legally married on paper then i'll take some time to decide whether I'm the one to get things rolling. Its gonna be purely my decision and my decision FINAL. I'm in no rush to marry again.

If on the other hand the Ex has done everything and divorced me then I will need to re-instruct my lawyer in BKK to seek sight and copy of the relevant papers confirming divorce was granted and that all things have been concluded.

I'll chat with my lawyer on my next trip.

[GOLDBUGGY]

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??

Since you are so well versed on the grounds for Divorce then you would know from article 4 that being away from your wife for a year or longer is grounds for Divorce and she can file without your knowledge or consent.

Under normal circumstances the courts would try to contact you about this petition (although I am not 100% certain about Thailand) but since your wife may have filed on the grounds of your abandonment she may claim she has no idea where you are now, even if she does. If the court agrees to your abandonment they will issue a Divorce Certificate after a waiting of period of perhaps 1 year.

So to answer your question, "Yes!" your wife can file for Divorce and get it without your knowledge and consent.

To find out you would need to go to the District Office in which the marriage was registered. In the event that you are not going to return to Thailand than you will need the assistance of a Lawyer in Thailand. Or perhaps a Private Investigator if given the proper documentation. I have hired both from Overseas with no problems as long as they receive payment, which may be before hand.

Yes, GOLDBUGGY. It was that particular article that got me thinking that if I were her that would have been the route I would have taken.

Regardless of her knowing exactly where I am in the UK I indeed received no notification papers advising me of her intentions.

In saving me the time and hassle, It would be a bonus if she has completed all the necessary paperwork to in fact divorce me. Like I say, at the time I certainly was not in the business of doing her the favour of signing anything.

Four years plus now and I would just like clarification on where the two of us are. Presently, if we're still legally married on paper then i'll take some time to decide whether I'm the one to get things rolling. Its gonna be purely my decision and my decision FINAL. I'm in no rush to marry again.

If on the other hand the Ex has done everything and divorced me then I will need to re-instruct my lawyer in BKK to seek sight and copy of the relevant papers confirming divorce was granted and that all things have been concluded.

I'll chat with my lawyer on my next trip.

Of course the easiest route for you to go is just ask your wife if you can get a copy of the Divorce (like you know she filed for one) and see what she has to say to you.

It sounds to me you were quite bitter at the time, probably for good reason, but that is water under the bridge now. As a wise old cowboy said once, "No point in kicking a dead horse."

I have been divorce twice and still communicate with both of my x's on a regular basis. The circumstances surrounding my second divorce was probably worst than yours. I can never forgive her for that. But then you don't need to forgive to communicate in a nice way. It really is the better rout to go My Friend.

But then this does bring up the question as to why you may seek a divorce now after 4 years when you already have done the division of property. Especially when you don'y plan to marry again. But perhaps you just want to tie up loose ends, or recently discovered your x is with someone and are now curious. I can't blame you for either.

But sometimes it is better to leave dying dogs lie. Or as that Old Wise Fisherman said, "Don't rock the boat!" Personally I like to tie up lose ends right away. But then as you said you didn't want to make it too easy for her either. So I guess I am wondering why you have a change of heart. Seems to me she is still the one who needs this divorce more than you.

[samuiseagull]

GOLDBUGGY......Yeah, wanting to just tie up loose ends.

I could call her up but if I never saw sight nor sound of her ever again it would be too soon!!! I simply couldn't trust a word spoken or believe any documents produced by her would be trustworthy or legal. You get my drift.....

Anyway, i'll speak with my lawyer on my next trip.

Why wait until now? Well, someone new has entered my life and she seems a good one. Yeah yeah....I said that the last time round but maybe I'm softening up a little bit. Hey.......it's not as if I'm gonna marry again is it!!

[Khunangkaro]

OP, why did you not yet check at the Ampher at first before posting at TVF?

I'm currently in the UK.

Dear OP samuiseagull,

Sorry I didn't realize you are staying abroad of Thailand.

Wish you have a friend who lives close to Ampher were you married. Then he will go to Ampher and as your proxy inquire about your status.

You must send letter of attorney,(for Thai version, he can send a "Bai Morb Chantha" for you to sign), (original or) copy of your mariage certificate(s), copy of passport. If you have, copy of Thai DRL and/or Yellow Housebook. All copies signed and dated.

I expect no problem to get this simple info from Ampher.

I guess that your ex have filed divorce and have lied not to know your address. Thus taking all there is for herself.

More generally speaking.

I wonder why your lawyer did not make you to get your share of all commodities acquired during marriage. House, land, business, transportation etc.. From sales or estimation, 50% or even more if you can prove it was your money invested & having usufruct of the land.

Ampher can advice an agreement.

I don't know if you can claim anything after you walked away.

Such a long time ago.

Feel sorry and wish you the best.

[joeyjojo]

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..

doublephil How long ago did you divorce and what were the costs involved? Some quotes for a contested divorce were 2 years salary for a Thai worker....this cant be right?

[Riverman]

Yes, it's possible to get a divorce in Thailand without the other partner knowing about it.

If you have been separated from your partner for a period of 3 years and your partner's present whereabouts are unknown, you can petition the court for a divorce on the grounds of abandonment.

The first check the court will do is to see your house registration document to confirm that your partner is not registered at the same address as you.

Then various legal processes start such as issuing notices for him/her to appear at court, letters sent to last known address . The aim is to give your partner every opportunity to respond.

After a period of 6-8 months if there is no response, then after all processes are complete, the court can issue a divorce decree.