divorce/desertion

[denboy]

Can you seek a divorce alone if partner has deserted for a number of years and cannot be located.?

[guzzi850m2]

A friend of mine got divorced after not seeing his wife for 3 years (I think) and she was not involved in the process.

 

Go find a lawyer and talk to him. 

[MikeyIdea]

Yes but it will have to be in a Family court. It's easy and shouldn't cost more than 50,000 baht. It doesn't matter if the wife comes or not. Splitting assets bought while married and/or custody of children will complicate things but won't affect your right to divorce because of abandonment 

Edited January 18, 2017 by MikeyIdea

[MikeyIdea]

Yes but it will have to be in a Family court. It's easy and shouldn't cost more than 50,000 baht. It doesn't matter if the wife comes or not. Splitting assets bought while married and/or custody of children will complicate things a bit but won't affect your right to divorce because of abandonment 

[Biker Boy]

Pick you path. Thai divorce codes below.

Section 1516. Grounds of action for divorce are as follows:

1.    one spouse has given a maintenance to or honored such other person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;

2.    one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

o    to be seriously ashamed;

o    to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct;

o    or to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;

....the latter may enter a claim for divorce;

3.    one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;

4.    one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

o    4/1 one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;

o    4/2 The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;

5.    one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;

6.    one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce; 

7.    one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce; 

8.    one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;

9.    one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;

10.  one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.

 

Hope this helps

[Jane3210]

Hi denboy. You can file the divorce case by yourself. Then the court will summon your spouse in the last known address. If she doesn't appear, then the court will let you testify to prove desertion and that she can no longer be located as ground of your divorce.

[Biker Boy]

Jane, thanks for you thoughts. I will give this idea some thought and determine how it will affect the overall goal of the divorce.

Much appreciated.