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Divorce in Isaan


janpharma

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Even in most of third world countries once proven the slide is characterless is enough reason to divorce her free and not only no question of further demand and the spouse would really be looked down on the society as a cheater but here in Thailand it's all new ball game , here no matter what the farang must pay..

Dear op I agree with many who suggested you to get a good lawyer and sired money there rather than paying the cheater.

Wish you luck

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That's the 3rd this week.

I bought her a house, I bought her a car, now I'm out.

The ugly truth is, she only ever wanted the house and the car, you weren't going to spend much more and she knows it.

Asking us for advice is a little bit like a guy jumping off a balcony then phoning for help before he hits the ground.

Seeing as you have already gone to court and been warned of the likely outcome.

What you do is take your money and anything else you can sell/carry/offload then leave the country and don't look back.

Some people, that are less forgiving than myself, have been known to bulldoze/burn down the house on the way out.

Shouldn't have bought the house for cash!

Sorry for your loss, it could have been worse, and still can be.

PS

Why would you even consider throwing more money at her?

The kids' father could at least thank him for taking care of his/their kids for the last 8 years. Like you say that place would be bulldozed to the ground and I would be on the next thing smoking. But instead it's off to Pattaya to find another.
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I don't want to be a pessimist but in many countries adultery does not mean much during a divorce. It does not help much on how much you are obliged to pay. In Thailand you have to pay 50% of the increase in your money possessions during marriage.

So if you had 100.000 in the bank and a 10.000.000 house before the marriage and 200.000 and a 10.000.000 house at the moment of divorce you have to pay for the 100.000 increase (50% of that).

Adultery means nothing in a divorce, my mate got raped by his cheating English wife in Australia, took 60 %..

Does in Thailand....read the law...all on the man's side.

Adultery if proven is grounds for divorce...but only for the man.

Grounds for divorce.. sure.. but that does not mean it will be any cheaper. The division of the money and property is not influenced by it (as far as I know but I could be wrong I am no lawyer)

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I divorced my wife at the Amphur she paid the 30 Baht fee. I refused to give her a penny.

You do not owe her anything.

I think your divorce fee was a little over generous.

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From reading the OP I think Jan is unsure of the proceedings.

I get the impression the negotiation he had was the initial hearing to decide if a settlement can be reached prior to going to trial. The judges try to find a quick solution through arbitration rather than dragging it all out with a trial.

As it appears no settlement was reached, the case will proceed with a number of hearings over the coming months or years for evidence and arguments to be submitted. That will include appeals and appeals on appeals before a court verdict for divorce is issued. The evidence will be accepted during the coming hearings.

My initial appearance saw the 3 judges ask both parties plus lawyers to approach the bench. We were both asked what we would accept in settlement and when no agreement was reached the case went ahead.

Jan's "sentencing" is a misunderstanding and I believe it means the next hearing or the start of the case.

At the end of all the appeals a court verdict for divorce will be issued with any financial conditions listed as part of the verdict. It is then up to the parties to settle their financial requirement with proof to the court before the verdict document is taken to the Umphur for the divorce to be registered.

This is a very well written post and I have to admit being wrong in my earlier post, I misunderstood what I was quoting, for

which I apologise. The divorce is not finalised until the finances are sorted out just as Farma states.

HL

The idea of the post is good, however the poster's knowledge and use of legal jargon leaves something to be desired. You definitely do not want to march into court and ask for arbitration. That means the arbiter/judge assigns who gets what. In an arbitration you have no say. Arbitration is usually used because it has previously been written into a contract in order to avoid the more expensive and time consuming litigation or going to trial.

I think the term he meant was mediation, where the two sides come together in private and negotiate back and forth in order to try to come to an agreement.

In addition he said that after all the appeals. Well you can not appeal a decision until after a verdict is reached. Otherwise what would you be appealing?

Also, the "verdict document" that he mentioned is called a decree.

As many have said you need a lawyer. He who represents himself has a fool for a client. I have been that fool several times (would never do it in Thailand though), but fortunately all of the outcomes were successful for me.

I fully agree the OP needs proper legal advice.

You're right my legal terminology may not be perfect. Mediation may be the correct terminology however it was translated to me on documents as arbitration.

With regards to appeals. The court makes a judgement, Each party has x amount of days to appeal that judgement. This can go back and forth a number of times in that court. Once that process is complete and a verdict given It can then go to the appeal court where further judgements are made and appealed until a certificate of case finalization is issued.

The time frame from the provincial court judgement until the certificate of case finalization was just over 2 1/2 years. That doesn't include the time it took from initial application for divorce to the provincial court judgement. Time between hearings can be anywhere from 4 weeks to 4 months.

To give an idea of terminology this is part of what is written (identification removed) in the addendum attached to my registration of divorce document Khor Ror 6. As you can see there is different terminology throughout the translation. The word decree is not mentioned.

"The verdict consists of the court of xxxxx (civil) case number black xxxx dated xxxxx, case number red xxxxxxx, dated xxxxxx, Appeal court verdict part 3 (civil) case number black xxxxxxxx, dated xxxxxx, and a certificate of case finalization of xxxx provncial court, dated xxxxx."

The umphur used "evidence of Judgement" and "Judgement" when referring to the court and appeals court verdict.

Child custody "according to court verdict".

Belongings, "does not appear in court verdict".

Alimony, "according to court verdict." (I'm not required to pay alimony even though its mentioned in the document.)

The umphur also used the wording "Verdict in lieu of consent" in the place my absent ex wiould normally sign on the registration of divorce document. Khor Ror 6.

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...worth it to get a lawyer in that case...seems the scam runs deep....

...I have had some experience with 'justice' myself recently....just to say....'the truth has no bearing'.....

...they will say and do as they like.....

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Thank you all for your concern and advise...I went to Court with a Lawyer from BKK, well known at ThaiVisa...but I prefer not to mention names...He defends my case...but maybe not at "State of the Art"-level. I mean, I don't see any reason to pay 1 million more besides the fact that I leave the house to my (ex-) wife who is having an affair with another man...I just don't understand why the (female) Judge on duty on October 14th at the Buriram Court wants me to pay more...to a <deleted>.

When Thai men leave their spouse they don't pay a dime...Why should I pay millions?

I will bring this also to Court in February...

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Why bother with a divorce Jan?

Unless you want to re-marry, stay as you are. Leave the wife. Have a legal letter of separation sent to her setting out why you have left, and then get on with your life (seemingly in Pattaya according to an earlier post)

That way there is no settlement necessary. You have already lost the house. Why lose money too.

Let the wife sue for divorce, then come up with the evidence/documents etc you have, and make sure that any money you have is suitably "lost".

This is exactly what a hai man would do, minus the Letter to the wife, just leave her with the house and nothing else, she can work to pay her daughters schooling.............I'd make a clean cut if I were you, then do what the nick above says.thumbsup.gif

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I divorced my wife at the Amphur she paid the 30 Baht fee. I refused to give her a penny.

You do not owe her anything.

Both my Thai divorces only incurred the filing fee - she was at fault both times - yeah, we married twice, once for love, and once for tax deductions. I bought her the tapioca farm with no expectations of getting anything out of it - its hers and hers alone.wai2.gif

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its funny all these men that post here as a rule they say there girls are not bar girls which I suspect is untrue in many cases, then of course when it goes wrong as in this case it did the OP shouts it from the roof tops she WAS a bar girl.cheesy.gif I have no sympathy for the OP as I would never marry anyone again I tried it once when I was young and stupid and later I learned it doesn't work. stay single you don't have to sleep alone if you don't want to in Thailand.

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its funny all these men that post here as a rule they say there girls are not bar girls which I suspect is untrue in many cases, then of course when it goes wrong as in this case it did the OP shouts it from the roof tops she WAS a bar girl.cheesy.gif I have no sympathy for the OP as I would never marry anyone again I tried it once when I was young and stupid and later I learned it doesn't work. stay single you don't have to sleep alone if you don't want to in Thailand.

IMHO, you are a cruel heartless man.

50 lashes please, Somchai.

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its funny all these men that post here as a rule they say there girls are not bar girls which I suspect is untrue in many cases, then of course when it goes wrong as in this case it did the OP shouts it from the roof tops she WAS a bar girl.cheesy.gif I have no sympathy for the OP as I would never marry anyone again I tried it once when I was young and stupid and later I learned it doesn't work. stay single you don't have to sleep alone if you don't want to in Thailand.

IMHO, you are a cruel heartless man.

50 lashes please, Somchai.

have I hit a nerve my friend ???cheesy.gifcheesy.gifcheesy.gif

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Yeah Jan... If I'm you I wouldn't bother with divorce. Just separate as suggested. The kids aren't yours so you don't have a moral obligation to continue support. You already bought a house so leave it like that. She probably had this guy and more since you got married. Don't be a sucker and support her boyfriend. No matter how far a guy goes he just can't seem to get away from those pest adulterous foreigners.

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Judges do not usually spend several hours with both sets of lawyers thrashing out terms of a settlement. The lawyers do this betwen themselves and present an agreed situation to a judge

.

And why would Jan be "sentenced " at the next hearing? He has done nothing wrong. Without an agreed settlement, a divorce would not be granted, and there would be requirement to pay any settlement monies.

Jan I think, has his facts a bit mixed up.

Do you have a Usafructs agreement on the Land Office Chanot ..papers? If so who's final name is the last on the BACK of the Chanot If you do have this agreement and your name is the last, then you can live there until the Usafructus term, or your, life expires...Or with a good lawyer negotiate a price for her to pay you to remove your name...don't remove it otherwise. If you've already put the house in her name, then the matter changes. Thai courts favour Thais.

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Why bother with a divorce Jan?

Unless you want to re-marry, stay as you are. Leave the wife. Have a legal letter of separation sent to her setting out why you have left, and then get on with your life (seemingly in Pattaya according to an earlier post)

That way there is no settlement necessary. You have already lost the house. Why lose money too.

Let the wife sue for divorce, then come up with the evidence/documents etc you have, and make sure that any money you have is suitably "lost".

This is the best advice you will get of all the "advice" offered to you. If you want to remarry well then your a sucker for punishment go for it. My good friend did and got burned twice on condo's. Loosing 10 mil on a house is a lot of money why hang around for the other shoe to drop. Save your 800,000 bahts to enjoy the rest of your life. Buying property here is a trap as Thai women can do a 360 on you and your left in the lurch and if your older like me and not a millionaire its a big bite out of your Golden Years retirement plan. Yes I know all the guys with good wives will step out of the woodwork on this one but the first person you must protect here is yourself regardless if your spouse is good or bad. Not only did you loose your wife (which in years to come looking back will look a good move) unless your rich you lost a good part of your life savings by sinking money into the house. Unfortunately stories like yours happen every day here.

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im sorry but why do these guys marry bar girls they are prostitutes would they marry a prostitute in there own country they slept with so many guys so they dont care as long as money come in no morals at all is it me or are they deserate for pussy and dont care how much it cost sorry to be so blatent but stupid comes to mind

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Why bother with a divorce Jan?

Unless you want to re-marry, stay as you are. Leave the wife. Have a legal letter of separation sent to her setting out why you have left, and then get on with your life (seemingly in Pattaya according to an earlier post)

That way there is no settlement necessary. You have already lost the house. Why lose money too.

Let the wife sue for divorce, then come up with the evidence/documents etc you have, and make sure that any money you have is suitably "lost".

Agree 100%, walk away.

The money is spent and written off to experience.

Re-marrying should be last reason to be pro-active in this case.

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