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Posted (edited)

May need to get a divorce, but not sure where it is best to get.  I would like to stay in Thailand.  I've read a few stories of guys packing a bag and leaving same day.  They want to avoid problems with the legal system, wife, and her family.

 

Get divorced in Thailand or U.S.  Which is best?

 

 

Thanks in advance.

Edited by Boatman37210
misspelling
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7 minutes ago, AlfHuy said:

soi 6.

Miguel sorts this out.

 

      Correct  ...

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If you got married here I would say here. It would be very complicated to do it in the states.

If the divorce is agreed to by both of you the chances of any problems later are small.

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Posted (edited)

As I understand it, getting divorced in Thailand is as simple as going to the Amphur office with your wife and some ID. The only issue is that as soon as you're divorced, your Non-O visa and marriage extension, if that is the visa you are on, are immediately made null null and void. You have a duty to inform immigration that you are no longer married, then they give you 7 days to leave the country. And there is a waiting period of 310 days before you are allowed to marry again.

 

What would happen if you didn't report the divorce to immigration? I don't know. And given the covid situation, just crossing over to Cambodia or Laos obviously isn't an option.

Edited by BenDeCosta
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Whatever you do make sure you get all the information you need before you even mention it.

A UK friend who was married to his UK wife, the both living in Thailand, divorced her a couple of years ago.

He filed for divorce in Thailand and he didn't tell her anything before the official letter arrived. I helped him to move out on the same day.

I don't remember the reason why he did this but I remember that he told me if she would have known in advance then the situation could have gotten a lot more complicated. My friend wasn't a lawyer but he was a professional accountant. I am pretty sure he knew what he was doing.

Better make sure you know all the details first!

 

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Posted (edited)

Get divorced in Thailand if married there for sure. It is very straightforward and can be done on the day... if amicable. Head to amphur - all ID's, marriage cert, BC of any kids. You'll be asked why by head desk honcho, and will need witnesses, which can be wife's sister even. Must admit, found it one of the most laidback of official experiences there at any time. Certainly one up from extending one's efffffing (censorship on '<deleted>' really?) visa! Just get your ducks in order but if there is no contestation, it is a doddle.

Edited by daveAustin
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Thats really not a big peoblem, if wife agrees. Best you go to the Amper where you got married. Wife must come with you to sign. Offer her a severance payment, 10 - 20k, paid after signing. 

Worked for me and I was divorced in no time.( Got divorced twice and the third wife died).

 

 

 

 

 

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I've posted this advice before:

 

If you both agree to the divorce and can agree to the terms of who gets what, Guam is a popular divorce destination as it only requires 7 days of "residency" to file for divorce there.

I have a friend who talked with a lawyer in Guam beforehand to schedule everything and he flew there, met with the lawyer the next day (day 1) to sign paperwork, then spent the next 6 days on vacation there. On day 8, the lawyer filed the paperwork and he was able to leave. Divorce granted a short time later.

This was with a house in Thailand and 2 kids.

 

You might want to contact a few Guam lawyers to see what paperwork they'd require.

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Posted (edited)
On 5/1/2021 at 1:44 PM, BenDeCosta said:

The only issue is that as soon as you're divorced, your Non-O visa and marriage extension, if that is the visa you are on, are immediately made null null and void.

I don't think that's correct in the case of a Non O Visa, I certainly continued using my Multi Entry Non O after I was divorced up until it expired - no questions were ever asked. I seem to remember @ubonjoe stating the same some time ago.  I have no idea how divorce affects an extension of stay though.

 

Although I guess that technically, the reason the visa was granted has gone, there is no requirement to prove you are married on entry or at any other time (visa not extension).  Of course it would be crazy to offer such information but as far as I know, the visa remains valid.  Its not like a business visa that is cancelled when you lose/leave your job.

Edited by KhaoYai
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Posted (edited)
On 5/1/2021 at 1:10 PM, Boatman37210 said:

Get divorced in Thailand or U.S.  Which is best?

If you were married in Thailand and both agree on the division of finances and access/custody of any children - divorce in Thailand is very easy.  As no lawyer needs to be involved, you don't run the risk of your wife receiving 'optimistic' advice from them as to their entitlement.  In general, dependent on the law in your home country - such entitlement can also be far less as in Thailand, assets held before you were married don't come in to the equation.

 

Even if you can't reach agreement on the above issues, it may still be easier to divorce in Thailand. For example, I very much doubt that a US court would have any jurisdiction to make/enforce any order regarding assets held by either party in Thailand. It all depends on your situation but the Thai system can actually encourage people to discuss matters themselves and reach agreement whereas in the West, lawyers can cause/aggravate discord.

 

If you are both in agreement on the above issues, you will both have to attend an amphur to carry out the process.  In theory, depending on how long you've been married you should be able to go to any amphur to conduct a divorce but this doesn't always work in practice - for some reason they can't always find the marriage registration on the database.  To avoid any problems, its probably easier to go to the same amphur that you registered your marriage at.

 

Edited by KhaoYai
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On 5/2/2021 at 12:44 AM, BenDeCosta said:

As I understand it, getting divorced in Thailand is as simple as going to the Amphur office with your wife and some ID. The only issue is that as soon as you're divorced, your Non-O visa and marriage extension, if that is the visa you are on, are immediately made null null and void. You have a duty to inform immigration that you are no longer married, then they give you 7 days to leave the country. And there is a waiting period of 310 days before you are allowed to marry again.

 

What would happen if you didn't report the divorce to immigration? I don't know. And given the covid situation, just crossing over to Cambodia or Laos obviously isn't an option.

That's not a problem if one can convert to an extension based on retirement before getting divorced.

I have no idea why anyone would be keen to get married again after going through all the <deleted> of getting divorced.

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14 minutes ago, KhaoYai said:

To avoid any problems, its probably easier to go to the same amphur that you registered your marriage at.

Possibly, but I got married in Pattaya and divorced in Lamphun- no problems at all.

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Posted (edited)
7 minutes ago, thaibeachlovers said:

Possibly, but I got married in Pattaya and divorced in Lamphun- no problems at all.

I 'know someone' 🤣 who's been divorced in Thailand more than once.  On arrival at a provincial Amphur 'he' was told that he must go back to Bangrak in Bangkok to do it.

 

The registration details are supposed to be available at any Amphur but in practice, they may not be - especially it seems, when the marriage is long standing.

Edited by KhaoYai
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3 minutes ago, KhaoYai said:

I 'know someone' 🤣 who's been divorced in Thailand more than once.  On arrival at a provincial Amphur 'he' was told that he must go back to Bangrak in Bangkok to do it.

 

The registration details are supposed to be available at any Amphur but in practice, they may not be - especially it seems, when the marriage is long standing.

That's a situation in Thailand where a little gift can do miracles. 

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On 5/4/2021 at 8:51 PM, KhaoYai said:

I 'know someone' 🤣 who's been divorced in Thailand more than once.  On arrival at a provincial Amphur 'he' was told that he must go back to Bangrak in Bangkok to do it.

 

The registration details are supposed to be available at any Amphur but in practice, they may not be - especially it seems, when the marriage is long standing.

If not at that amphur, try a different one.

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Thanks for the info.  I am on a retirement visa going on 11 years.  The marriage is 11 years.  

 

There is a man involved and I cannot figure out if there is anything going on.  There are other issues to.  I am actually ready for it to be over, but at my point in life change is not easy.  

 

Thanks again.

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