Can Wife Force Divorce If I Refuse

[JJJIIIMMM]

I am in my 40's and on a marriage visa.  The wife has been playing around with another guy (i have photographic proof) and she wants to divorce me. We live in thailand.

 

If we divorce, she will get half the house, and my marriage visa will be cancelled, so part of me wants her just to leave to be with her new guy, while i stay at home in our nice house, and carry on with my marriage visa.  i have some signed copies of her id card and blue book, so i can go to savannakhet and get another couple of years worth of marriage visas i think.

 

If she wants to divorce, and i have done nothing detrimental to our marriage, am i able to prolong the marriage, even if it is against her wishes?

 

If that is possible, how long could i feasibly stayed married?  i am also thinking i may be able to use the promise of divorce as a way to negotiate a better divorce settlement (i did pay for all the house after all).

 

i have a usufruct so she cannot evict me from the house.

 

any advice please guys?

 

 

[BEVUP]

There's more experienced people then me here but if I recall she may be able to wait 1 yr & go for Abandement 

[steven100]

I believe with something as important as this you may want to seek professional legal advise from a Thai lawyer.

[klauskunkel]

An extension of stay based on marriage requires the wife to be present at immigration and sign some documents.

[scorecard]

1 hour ago, steven100 said:

I believe with something as important as this you may want to seek professional legal advise from a Thai lawyer.

 

Agree get some specific answers from a recommended lawyer, don't listen to armchair commentators.

 

 

[happylarry]

Theoretically yes you could carry on but then you wouldn't be able to put a foot wrong, for instance you wouldn't be able to have another girlfriend because that would then give your wife the ammunition to sue you for divorce. Of course you would use her infidelity in your defence but so what, the outcome will still be a divorce regardless. The required time for her to sue for separation is three years so that is the maximum you could hope to stay there anyway. By the way the usufruct lasts for the agreed period except in the case of a divorce (and if the usufruct has been granted by a wife to a husband), then the wife can ask the divorce court to cancel the usufruct.

So basically unless you wish to lead a life of celibacy for the next three years then you need to find another way of staying in the country.

I am sending you a copy of my wifes business card in case you wish to check any information with someone who actually works within the legal system, just give her a call and she can advise you with no commitments. 

HL

[janclaes47]

OP could ask himself the question, why would anyone be forced to stay married because the other party refuses to divorce.

 

And no the wife can't evict him from the house with a usufruct, but the court can rule the usufruct invalid or void in a divorce, and then there is no usufruct any more.

[NoshowJones]

2 hours ago, steven100 said:

I believe with something as important as this you may want to seek professional legal advise from a Thai lawyer.

Very true, but the OP should try and get someone who will recommend a decent lawyer from experience, as a high percentage of them are more interested in the money than providing a decent service, maybe even a Thaivisa member can recommend a good lawyer from personal experience, depending on where the OP lives.

[GOLDBUGGY]

I can see where you are coming from. You got over the initial shock and now just want to carry on with your life in Thailand without here interference, With Visa Issues now, this may not be so easy. But then nobody says you can't at least try. Also best you put the Hatchet away and think with your mind instead of your broken heart.

 

You don't have to give your cheating wife anything, including a Divorce. If she wants one bad enough then let her go and get one on her own. It will not be that easy for her and especially if you don't want to give her one based on hopes of getting back together. Even if that is not true.

 

But getting your next Extension to stay based on Marriage may not be so easy next time. I am not an expert in this so others here with more experience in this would know better. But when I did my last 2 extensions I had to bring a witness who testified that I lived where I did with my wife. My wife was also with me and she had to sign papers as well. I can't say for sure what was spoken as all of this was in Thai but those picture you make with you and your wife together in your house, and a possible follow up by Police later, is there for a reason. You may be able to pull this off a couple of times but for long term I wouldn't count on it.

 

A Usufruct is a good thing to have but as others have pointed out already when it comes to a Divorce, and if your Usufruct was written with your wife, then this won't help you much. A Divorce is a final decree to break all ties between a man and his wife, and this includes property they purchased while married. But at least now you will get half if it ever gets sold. Nobody says you have to move until it is sold either.  But again with Visa Issues, you may have to.

 

Your best bet is to try and work something out with your wife. If this is not possible then let her work for her Divorce. Her getting a Divorce has no benefit for you at all. Or none that I can see. Time may change many things. When you wife sees it is not that easy to get her Divorce then maybe she will come around to your way of thinking. .

[LNKDES1]

Rather than getting married, I still think it's easier to buy someone you hate a house every 10-15 yrs.

[featography]

3 hours ago, BEVUP said:

There's more experienced people then me here but if I recall she may be able to wait 1 yr & go for Abandement 

He stays in home, supporting the household expenses, he is not guilty of abandonment.  He would have to dessert her, make no payments to her before she could file on that, and it is a year at least. I read somewhere that its 3 yrs. Like the advice, check with a lawyer.

 

[sometimewoodworker]

1 hour ago, happylarry said:

By the way the usufruct lasts for the agreed period except in the case of a divorce (and if the usufruct has been granted by a wife to a husband), then the wife can ask the divorce court to cancel the usufruct.

 

While what you say may be theoretically correct, I have not seen any cases where this has happened.

 

There is at least one law firm that states that an usufruct will survive divorce.

 

Any case one way or the other will be of interest.

[janpharma]

1 hour ago, happylarry said:

Theoretically yes you could carry on but then you wouldn't be able to put a foot wrong, for instance you wouldn't be able to have another girlfriend because that would then give your wife the ammunition to sue you for divorce. Of course you would use her infidelity in your defence but so what, the outcome will still be a divorce regardless. The required time for her to sue for separation is three years so that is the maximum you could hope to stay there anyway. By the way the usufruct lasts for the agreed period except in the case of a divorce (and if the usufruct has been granted by a wife to a husband), then the wife can ask the divorce court to cancel the usufruct.

So basically unless you wish to lead a life of celibacy for the next three years then you need to find another way of staying in the country.

I am sending you a copy of my wifes business card in case you wish to check any information with someone who actually works within the legal system, just give her a call and she can advise you with no commitments. 

HL

I strongly recommend this...

[chuang]

Surely you are not divorcing her just because of the "marriage visa".....

[GOLDBUGGY]

3 minutes ago, chuang said:

Surely you are not divorcing her just because of the "marriage visa".....

Why Not? Staying married to get you next Visa so you can live in the house you paid for is a good enough reason not to get a Divorce in my book.

 

But if you need another reason then why give this Cheating SOB a Divorce and the house you pad for, just so it is easier for her to move in with her New Boyfriend?

[elgordo38]

2 hours ago, happylarry said:

Theoretically yes you could carry on but then you wouldn't be able to put a foot wrong, for instance you wouldn't be able to have another girlfriend because that would then give your wife the ammunition to sue you for divorce. Of course you would use her infidelity in your defence but so what, the outcome will still be a divorce regardless. The required time for her to sue for separation is three years so that is the maximum you could hope to stay there anyway. By the way the usufruct lasts for the agreed period except in the case of a divorce (and if the usufruct has been granted by a wife to a husband), then the wife can ask the divorce court to cancel the usufruct.

So basically unless you wish to lead a life of celibacy for the next three years then you need to find another way of staying in the country.

I am sending you a copy of my wifes business card in case you wish to check any information with someone who actually works within the legal system, just give her a call and she can advise you with no commitments. 

HL

Now there is a really nice gesture. 

[hobobo]

43 minutes ago, chuang said:

Surely you are not divorcing her just because of the "marriage visa".....

From the OP's post it would appear that that is exactly why he wants to remain married. By continuing with your obstinance  you may lose a lot more than you think. Divorce, get as much out of the situation as you can, and move on. There are other ways to return and remain in Thailand, just think it through before you part with a lot of cash, and don't assume that marriages in Thailand necessarily last forever. Good luck for the future!

[cornishcarlos]

3 hours ago, klauskunkel said:

An extension of stay based on marriage requires the wife to be present at immigration and sign some documents.

 

But a Non O multiple entry (marriage) from Savannahket doesn't require the wife to be present :)

[tomwct]

If you can prove she has been having sex with another man you could get the house and all assets especially if she was in the sex industry. Contact an out of town lawyer recommended by your embassy. Getting a good  trustworthy lawyer in Thailand is the

difficult part.

[khunPer]

4 hours ago, happylarry said:

Theoretically yes you could carry on but then you wouldn't be able to put a foot wrong, for instance you wouldn't be able to have another girlfriend because that would then give your wife the ammunition to sue you for divorce. Of course you would use her infidelity in your defence but so what, the outcome will still be a divorce regardless. The required time for her to sue for separation is three years so that is the maximum you could hope to stay there anyway. By the way the usufruct lasts for the agreed period except in the case of a divorce (and if the usufruct has been granted by a wife to a husband), then the wife can ask the divorce court to cancel the usufruct.

So basically unless you wish to lead a life of celibacy for the next three years then you need to find another way of staying in the country.

I am sending you a copy of my wifes business card in case you wish to check any information with someone who actually works within the legal system, just give her a call and she can advise you with no commitments. 

HL

We often hear that a Thai man can claim divorce if his wife commits adultery, but not the other way round...
According to "Thai Law for Foreigners" (ISBN 978-1-887521-57-4, Paiboon Publishing), page 76, says in "Grounds for Divorce":
The husband has treated or honored another woman as his own wife, or the wife has committed adultery.

Another ground is:

One spouse has deserted the other for one year or more.

 

OP, a foreigner can own a house, but not the land under it. Was the house build before the marriage, or during the marriage..?

Did you make a Prenuptial Agreement..?

 

If you had the funds for the house before the marriage, and can prove this, and that the house was build for that specific funds, you may be able to claim ownership, as only property acquired during the marriage is subject to division, with half going to each spouse.

 

The book also states, that Divorce Registration with mutual consent is a simple process, whilst petitioning the court for divorce is complicated, so you will need to hire a lawyer.

 

Concerning the Usufruct, we often her posters saying that a contract between a married couple can be declared void (as happylarry quoted above also say); meaning, if the Usufruct is granted by your wife as owner of the land, it can be cancelled. However, Usufruct may also have other problems, looked at in worst scenario,  if you manage to keep the Usufruct and can continue the right to use the land under "your house". If the land is family land, the family may make life so difficult for you, that you don't want to live there. And even worse, if the Usufruct is granted for life – you may be worth more dead, than alive.

 

IMHO it's really worth to seek legal advice, and check the possibilities of a mutual settlement, compared with your alternative options like half the house (and land, if that's acquired during marriage and registered in your wife's name), and other possibilities for a Visa-extension, if you wish to continue to stay in Thailand.

[howard ashoul]

As I understand her cheating it's a big deal for your, and you would continue to live with her.

 

In that case I would just wait. A lot of relationships doesn't last long. You can go through harsh divorce next month and 3 months from now they will break up and she would happily come back to you. But you will be divorce already will half of your assets gone. I would just give it a time, don't rush anything and wait how it will turn out. As long as she is providing you visa and your assets aren't spliting it's all good and there's no reasson for divorce.

 

If you can go along each other you could also speak about open marriage...? You living together, and who sleeps with who isn't anothers business.

 

And yes, she can force you into divorce. But it's expensive and there has to be ground for a divorce (adultery from your side, not living together for X years, you being locked in insane asylum for X years.... .) It's not like she can force divorce you in next 3 months.

[keskeseksa]

3 hours ago, tomwct said:

If you can prove she has been having sex with another man you could get the house and all assets especially if she was in the sex industry. Contact an out of town lawyer recommended by your embassy. Getting a good  trustworthy lawyer in Thailand is the

difficult part.

A trustful lawyer recommended by your embassy? is it a joke?

[smileydude]

First get a good divorce lawyer preferably sympathetic to your plight eg a thai lady lawyer who dislikes cheating spouses who give a bad name to thai women.    Any advice here is only as good as advice.

The law can be interpreted to favor any side depending on how good the lawyer is and even in some cases how biased the judge is.

 

Edited April 29, 2017 by smileydude

[NickJ]

Didn't read any of the replies. She can leave and do it without you in three years. You're able to do it in one. 

 

Get a lawyer. She abandoned you. Seal off your assets in the meantime.  sell stuff   whatever.  

[smotherb]

7 hours ago, LNKDES1 said:

Rather than getting married, I still think it's easier to buy someone you hate a house every 10-15 yrs.

Perhaps you need to use the bigger head instead.

[bhatmasterson]

The wife may not be able to force a divorce easily. However, some deceitful wives have been known to force their husbands to stop breathing; with help from the boyfriend. Watch your back! 

Edited April 29, 2017 by bhatmasterson

[bazza73]

1 hour ago, smotherb said:

Perhaps you need to use the bigger head instead.

It was a joke, Joyce.

[bangkoken]

I'm a retired family law attorney. Listen to what they are saying. You need to consult with a competent attorney who will give you good sound advice. There are options in place and available to you. A close friend of mine who had a similar problem used an attorney in Bangkok who they raved about. The Kingdom Law Group. I don't have their phone but, I would try to see if they have a website. You should be comfortable with the attorney you choose.  Unfortunately your story is not a new one.  Good Luck. 

[nickmondo]

Why do you guys marry these ruthless women?  She will just do the same to the new bloke!  Just have fun with the bar girls, much better!  And you never get bored because you get a new one whenever you want?  I cant get my head round why so many people are suckered in by these ruthless, money grabbing women?  Cracks me up every time I go to the shopping mall.  There is the woman, in the jewellery shop, trying on all the nice stuff, and there he is, the wallet, standing a couple of feet behind her.  ha ha.

[ben2talk]

Why do you guys marry these ruthless women?  She will just do the same to the new bloke!  Just have fun with the bar girls, much better!  And you never get bored because you get a new one whenever you want?  I cant get my head round why so many people are suckered in by these ruthless, money grabbing women?  Cracks me up every time I go to the shopping mall.  There is the woman, in the jewellery shop, trying on all the nice stuff, and there he is, the wallet, standing a couple of feet behind her.  ha ha.

Many of us don't use, or marry, that kind of woman. You don't hear so much about the other 1000 guys happy at home - but obviously, one post like this does make it seem quite a legitimate lifestyle for you to go out renting whores.


Sent from my nose.