Divorce Procedings Help!

[jetzie]

hi

i am a singapore with regards tosome help in divorce procedings.

the situation is like this;

I am planning to get married with my SHAN girlfriend in thailand but she mentioned to me that yrs back she was married to another singaporean by haste also in thailand (bangkok) and have never seen him since.

With such problems, i found tht it was unable to get legally married with her until she gets divorce from her previous marriage.

i am unsure what to do, hope you can help me with all require supporting documents and proecdures.

[Tywais]

You need to get a Thai lawyer to handle this. It is simple case of abandonment. It is not uncommon in Thailand. It is not hard to file a case of no fault and abandonment divorce if the other person do not show-up when summoned by the court.

Under Thai law, there are only three acceptable reasons for a woman to divorce her husband, including abandonment for a minimum of three years, failure to provide financial support and adultery on condition the husband flaunts his extramarital affair in public.

[jetzie]

You need to get a Thai lawyer to handle this. It is simple case of abandonment. It is not uncommon in Thailand. It is not hard to file a case of no fault and abandonment divorce if the other person do not show-up when summoned by the court.

Under Thai law, there are only three acceptable reasons for a woman to divorce her husband, including abandonment for a minimum of three years, failure to provide financial support and adultery on condition the husband flaunts his extramarital affair in public.

so in order for her to get divorced, we have to wait for 2 more yrs? since she has not been with her legal husband for 1yr already.

what would mean adbondenment? they are merely not living together or anything, 1 yr ago, they got married without much thought, which my GF greatly regretted. .

Edited October 6, 2006 by jetzie

[Tywais]

so in order for her to get divorced, we have to wait for 2 more yrs? since she has not been with her legal husband for 1yr already.

what would mean adbondenment? they are merely not living together or anything, 1 yr ago, they got married without much thought, which my GF greatly regretted. .

It means he has left her and no longer supports her by any means. And unfortunately the 3 years is the waiting period. Still suggest talk to a lawyer, perhaps he has other 'tools' at his disposal. If she can get him to sign the divorce paper then it's relatively easy. In your OP you stated 'yrs back' so I assumed she satisfied the requirement already.

[jetzie]

so in order for her to get divorced, we have to wait for 2 more yrs? since she has not been with her legal husband for 1yr already.

what would mean adbondenment? they are merely not living together or anything, 1 yr ago, they got married without much thought, which my GF greatly regretted. .

It means he has left her and no longer supports her by any means. And unfortunately the 3 years is the waiting period. Still suggest talk to a lawyer, perhaps he has other 'tools' at his disposal. If she can get him to sign the divorce paper then it's relatively easy. In your OP you stated 'yrs back' so I assumed she satisfied the requirement already.

hmm.. so i guess it's back to the waiting game again.

another qn, as she does not reside in thailand , so does the man, although they registered thier marriage in bangkok amphur, would it be recognised in other countries?

and also i read in chiangmailaw that if she is a Hmong or Shan, marriage is not rcognised in thai law, but why would her marriage be granted back den ?

[Buckwheat]

I was under the assumption that the three year waiting period for re-marriage for a Thai female was 3 years AFTER the divorce is granted, regardless of the circumstances surrounding the termination of the marriage.

I am, however, wrong more than I am right so the above may not be correct.

[Tywais]

I was under the assumption that the three year waiting period for re-marriage for a Thai female was 3 years AFTER the divorce is granted, regardless of the circumstances surrounding the termination of the marriage.

I am, however, wrong more than I am right so the above may not be correct.

It's 360 days but that just adds to the complication for the OP, 2 years plus 360 days.

I was thinking about it after realizing you were referring to a SHAN but if she was issued the marriage certificate by the amphur I would assume it was legal unless she didn't state this. Not sure if SHAN are given Thai ID cards either, which I would also assume she would need to have married before.

[jetzie]

I was under the assumption that the three year waiting period for re-marriage for a Thai female was 3 years AFTER the divorce is granted, regardless of the circumstances surrounding the termination of the marriage.

I am, however, wrong more than I am right so the above may not be correct.

It's 360 days but that just adds to the complication for the OP, 2 years plus 360 days.

I was thinking about it after realizing you were referring to a SHAN but if she was issued the marriage certificate by the amphur I would assume it was legal unless she didn't state this. Not sure if SHAN are given Thai ID cards either, which I would also assume she would need to have married before.

she doesnt have a thai ID, she was on a tourist visa with her burma passport

what would not be a foreign-thai marriage, would be a foreigner-foreigner marriage in thai.

now my concerns are

as she does not reside in thailand , so does the man, although they registered thier marriage in bangkok amphur, would it be recognised in other countries?

and also i read in chiangmailaw that if she is a Hmong or Shan, marriage is not rcognised in thai law, but why would her marriage be granted back den ?

Edited October 6, 2006 by jetzie

[Tywais]

and also i read in chiangmailaw that if she is a Hmong or Shan, marriage is not rcognised in thai law, but why would her marriage be granted back den ?

Actually it's not recognized by Burmese law, not Thai law. Because of the complexity of this I must re-iterate, contact a lawyer. You may just need to pay a consult fee to get your answer and probably won't be expensive unless you decide to use him to go to court with.

[jetzie]

and also i read in chiangmailaw that if she is a Hmong or Shan, marriage is not rcognised in thai law, but why would her marriage be granted back den ?

Actually it's not recognized by Burmese law, not Thai law. Because of the complexity of this I must re-iterate, contact a lawyer. You may just need to pay a consult fee to get your answer and probably won't be expensive unless you decide to use him to go to court with.

what if i register my marriage with her in my home country sinagpore?

would that be any problem?

[TallTravel]

Is it not important enough to get accurate information from an attorney about this matter? Is that your intent, or do you really want to bind yourself to someone with such limited information about how the law works?

I think I would be at least talking to an attorney about this, if I were serious. It sounds like there is plenty of gray area in this situation, which normally means an attorney to get it taken care of properly and completely.

Just my opinion.

[Boo]

yes, she would be a bigamist. amphur marraige is legal.

[jetzie]

ok, which country would be better to ask the attonery? the country of which she registered her marriage or my home country ?

[raslin]

ok, which country would be better to ask the attonery? the country of which she registered her marriage or my home country ?

Thai law concerns marriage in Thailand. Get a Thai lawyer of course.

[Dragonman]

hi

i am a singapore with regards tosome help in divorce procedings.

the situation is like this;

I am planning to get married with my SHAN girlfriend in thailand but she mentioned to me that yrs back she was married to another singaporean by haste also in thailand (bangkok) and have never seen him since.

With such problems, i found tht it was unable to get legally married with her until she gets divorce from her previous marriage.

i am unsure what to do, hope you can help me with all require supporting documents and proecdures.

The law regarding "abandonment" allows for a 1 year period before divorce may be granted. A doctor's certificate confirming she is not pregnant is easily obtained (if she isn't) and you may then marry as soon as the divorce is granted in Court.

Of course a lawyer will be required as the case must go through a Thai Court, and if his residence is not known postings must be made before divorce "in absentia" is granted.

Of course she must reside in Thailand to get this divorce.

Edited October 7, 2006 by Dragonman