Divorcing a Thai national..married only in the U.S.

[Windmillresident]

Does anyone have any insight or experience in this? I'm married to a Thai national. We got married only in the U.S., in California, and not in Thailand.

We both want a divorce after 15 years, it's amiable and we share a son together. 

Do we both have to go back to California to file for divorce or can this be done from Thailand?

Appreciate any feedback!!

Thanks

Peter

[bangkoken]

In order to divorce in the state of California you must have residency in the state.  If you do not have it now it normally takes six months to establish such residency. You cannot be granted a divorce in Thailand. The Thai courts have no jurisdiction or authority to grant a divorce in cases such as yours. 

Try having a relative contact a divorce attorney in California. They may be able to handle it for you without any appearance by you or your wife. If the divorce is contested then both would have to appear.  Best of Luck.

[BarnicaleBob]

If you have been living in Thailand and are a current resident here under a marriage or retirement visa, you can get divorced at your local amphur.  You will need your American marriage certificate, a notarized translation of it and you passports and other ID.  You should also write up an agreement as to who gets what in the settlement and have it notarized and bring that with you as well. 

[Autonuaq]

If you forgot to register you marriage in Thailand.

 

Go back to where the marriage was and do all there.

 

What you did by not registering is prohibited by law not only in Thailand also in many other countries.

 

After 10 years living in Thailand the right the right that applies to the marriage is the Thai law in your case if you not explicitly registered the eight of choice of the law that applies.

Edited August 30, 2017 by Autonuaq
Choice of right

[Dakhar]

1 hour ago, BarnicaleBob said:

If you have been living in Thailand and are a current resident here under a marriage or retirement visa, you can get divorced at your local amphur.  You will need your American marriage certificate, a notarized translation of it and you passports and other ID.  You should also write up an agreement as to who gets what in the settlement and have it notarized and bring that with you as well. 

 

Do as BarnicalBob suggests.  Going back to the states will give her the power to take every dime you have.

 

 

[csabo]

2 hours ago, Autonuaq said:

 

After 10 years living in Thailand the right the right that applies to the marriage is the Thai law in your case if you not explicitly registered the eight of choice of the law that applies.

In what language does this make sense??

[catman20]

5 hours ago, csabo said:

In what language does this make sense??

drunk ???????/

[hobobo]

8 hours ago, csabo said:

In what language does this make sense??

Looks like Leo to me - widely spoken in Issan and north Thailand

[MyFriend You]

14 hours ago, bangkoken said:

In order to divorce in the state of California you must have residency in the state.  If you do not have it now it normally takes six months to establish such residency. You cannot be granted a divorce in Thailand. The Thai courts have no jurisdiction or authority to grant a divorce in cases such as yours. 

Try having a relative contact a divorce attorney in California. They may be able to handle it for you without any appearance by you or your wife. If the divorce is contested then both would have to appear.  Best of Luck.

Times must have changed then, I bought the California Divorce Package (all the forms you need in one envelope) in LAX Airport book store, we filled it out in the coffee shop, got it notorized in the bookstore, ex-wife filed it in San Bernadino Court house - where divorced and issued a "Dissolution of Marraige"  by mail.  She had only lived in California for 2 months when we decided to divorce.  Uncontested divorce, no property, no kids - total cost??  $125.00 for the divorce package, $35.00 filing fee  -  $40.00 lunch in LAX.  No lawyer, a legal clerk filed the papers.  I agree they cannot be divorced in Thailand if she is Thai. 

Edited August 31, 2017 by TunnelRat69
deleted sentence.

[happylarry]

I have just spoken with my wife and she tells me that you will have to go to your Embassy and get your documents certified as true documents, you then get them translated and take them to the Ministry of Foreign Affairs who will then stamp them as being true copies, only then can you go to an Amphur and register your marriage. Once you have registered your marriage you are then free to divorce at the same Amphur.

HL

Edited August 31, 2017 by happylarry

[smotherb]

On 8/30/2017 at 9:35 PM, Dakhar said:

 

Do as BarnicalBob suggests.  Going back to the states will give her the power to take every dime you have.

 

 

Did you miss the fact the divorce is uncontested? Some people can get divorced and still get along. Certainly there may be some child support and alimony and/or sharing of assets, but every dime?

[thaibeachlovers]

On ‎8‎/‎31‎/‎2017 at 9:03 AM, TunnelRat69 said:

Times must have changed then, I bought the California Divorce Package (all the forms you need in one envelope) in LAX Airport book store, we filled it out in the coffee shop, got it notorized in the bookstore, ex-wife filed it in San Bernadino Court house - where divorced and issued a "Dissolution of Marraige"  by mail.  She had only lived in California for 2 months when we decided to divorce.  Uncontested divorce, no property, no kids - total cost??  $125.00 for the divorce package, $35.00 filing fee  -  $40.00 lunch in LAX.  No lawyer, a legal clerk filed the papers.  I agree they cannot be divorced in Thailand if she is Thai. 

Wow, they really got you in the US!

In Thailand I think it cost me about 20 baht or something like that.