Divorce: Parties present or not

[laolover88]

Seems to be some confusion here!

Do both parties, married in Thailand, need to go to the Amphoe to request a divorce?.

My friend, who is Thai has been told YES. Her husband who is in France has been told NO

There is no problem with"assets" just how you do it.!

And as regards "grounds for divorce" do you really have to wait 3 years until the decree is issued?

Quicker in France but the you have all the hassle of translating documents.

What is true?

Edited April 8, 2016 by laolover88

[happylarry]

The divorce at an amphoe (district office) couldn't be simpler, but both parties have to attend and there is no grounds of divorce required, so no 1 or 3 years, just that each party has to show agreement.

If only one party is to be available then that party has to sue the other in court and then give grounds for the divorce. If it was a mutual split and separation then they have to wait for three years before the court action but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other. If one party has an affair then the other party can sue for divorce straight away.

I hope this makes sense and answers your questions.

HL

[SOTIRIOS]

.....no problem......as long as he doesn't expect to get anything back.....

....never a word of truth.........

[Liquorice]

If only one had to attend, there'd be Thai women queuing a mile long and a lot of Farangs back on the singles market.........and poorer and car less.

[swissie]

The divorce at an amphoe (district office) couldn't be simpler, but both parties have to attend and there is no grounds of divorce required, so no 1 or 3 years, just that each party has to show agreement.

If only one party is to be available then that party has to sue the other in court and then give grounds for the divorce. If it was a mutual split and separation then they have to wait for three years before the court action but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other. If one party has an affair then the other party can sue for divorce straight away.

I hope this makes sense and answers your questions.

HL

In case of a "peaceful divorce" = Husband and wife agree, that they owe each other nothing (no financial support obligations on both sides, etc). Would it be advisable or even necessary, to bring such a written agreement along to the Amphoe within Thai-Divorce proceedings, to be registered as part of the "Divorce-Paperwork" ?

The goal: To avoid claims after divorce by both parties.

Thx & cheers.

[happylarry]

Swissie apparently when a divorce is completed at an amphoe there is always some sort of memorandum stating what has been agreed between the parties so there is no chance of a come back at a later date.

HL

[heybuz]

both parties and two witnesses,takes about 1 hour

[swissie]

The divorce at an amphoe (district office) couldn't be simpler, but both parties have to attend and there is no grounds of divorce required, so no 1 or 3 years, just that each party has to show agreement.

If only one party is to be available then that party has to sue the other in court and then give grounds for the divorce. If it was a mutual split and separation then they have to wait for three years before the court action but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other. If one party has an affair then the other party can sue for divorce straight away.

I hope this makes sense and answers your questions.

HL

You wrote: "but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other."

My Thai Wile, living in Europe, has not been visiting Thailand (me) for 3 1/2 years. A clear case of "abandonment".

But: How do I deliver proof, that she hasn't visited Thailand (me) in 3 1/2 years?

Thx & cheers.

[sammycic]

The divorce at an amphoe (district office) couldn't be simpler, but both parties have to attend and there is no grounds of divorce required, so no 1 or 3 years, just that each party has to show agreement.

If only one party is to be available then that party has to sue the other in court and then give grounds for the divorce. If it was a mutual split and separation then they have to wait for three years before the court action but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other. If one party has an affair then the other party can sue for divorce straight away.

I hope this makes sense and answers your questions.

HL

[sammycic]

Do you have to go the amphoe you were married at or any local amphoe will do?.

[laolover88]

Good attempts! But question not really answered! Assets not an issue. I think it is clear both parties need to attend. There is the interesting suggestion that after a period of time that is impractical. What is that period? Is there not a Regulation covering this? I can't find it!

[happylarry]

An amphoe will only do a divorce when both parties are present, time is not an issue. For any divorce with only one party present then it has to go through court which involves having a lawyer etc. The officers who work in the amphoe' are not qualified as judges so cannot make judgements against evidence presented etc. which obviously is what happens when only one party is present.

HL

[NanLaew]

The divorce at an amphoe (district office) couldn't be simpler, but both parties have to attend and there is no grounds of divorce required, so no 1 or 3 years, just that each party has to show agreement.

If only one party is to be available then that party has to sue the other in court and then give grounds for the divorce. If it was a mutual split and separation then they have to wait for three years before the court action but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other. If one party has an affair then the other party can sue for divorce straight away.

I hope this makes sense and answers your questions.

HL

You wrote: "but if one party abandoned the other then it is only one year and the innocent party can then file for divorce against the other."

My Thai Wile, living in Europe, has not been visiting Thailand (me) for 3 1/2 years. A clear case of "abandonment".

But: How do I deliver proof, that she hasn't visited Thailand (me) in 3 1/2 years?

Thx & cheers.

As mentioned already, you will need a Thai lawyer to initiate a process of trying to contact her via last known address. After (I think) 30-days, if there's no response, you can proceed to the court to get their nod to the claim of abandonment. Armed with the court paper, head for the Amphur and get it written off. Take your lawyer and after you're a free man, buy him/her lunch/dinner.

When I did this back around 1990, they only did the checks at 'last known address' in Thailand. I am not sure if these days they try last known mobile phone, last known email, last known social media, etc.. Worth checking as that would most likely net a 'catch' which may be undesirable if she wants to contest the divorce. The lawyer will advise.

PS. I prefer the term separation versus abandonment as the latter infers that one was left clueless, homeless, carless and penniless... unless you actually were of course.

Good luck sir!

[sammycic]

Thanks happy Larry you informative post has made very happy. Cheers for the info