Originally Posted by
ThaiLawHelp
When it comes to divorce, the law applies equally to foreigners and Thais despite what some blogs may say. At PAPPA Co., Ltd. we have been able to complete more than 200 divorces between foreigners and Thais to the satisfaction of the foreigner.
Your friend or any other married person can sue for divorce on these conditions only:
1) Apart and separate as husband and wife estranged for a period of three years or more;
2) The complainant (the one filing the divorce case) can prove the spouse has had extramarital relations while married;
3) The other spouse has a communicable disease, i.e. TB, AIDS, HIV, etc.;
4) The other spouse is an addict which can be proven by a medical exam or drug conviction;
5) The other spouse has a gambling problem causing great economic harm to the family;
6) The other spouse is in jail for an extended period of time (subjective).
7) (our favorite) The other spouse said aloud in public something offensive to your family name. Examples are Mother Fu**er, Son of a Bi**h, Bast**d
Absent these 7 reasons a divorce can not be granted unless by mutual consent. She must agree if you can not prove one of the 7.
She sold his property? OK, we can stop her from selling it but if it is sold already we can only go after the money if it is reinvested in an identifiable asset OR she put it in the bank in her name.
To file the divorce you must appear at least twice to the court of jurisdiction. Either the District in Thailand where you married or the District you last lived as husband and wife. You appear the first date of filing and the last date of the divorce decree and the lawyers do all the stuff in the middle.
Your friend may never see her as most of the time the woman does not show up at the hearing and we get the divorce granted ASAP.
For more information contact Drew[at]PattayaLawyers.com
Thanks a lot Drew for this info. Never mind about getting assets back, that's never mind. Divorce is all he wants.
My friend emailed you yesterday, basically the same as was posted here. He wants to meet up with you in Pattaya, what documents do you need to see?
It's very unlikely that she will leave her northern town to sort this out, and he refuses to go up country. According to him, she also wants to divorce so that she get her family name back. Is it enough if he get a paper from her stating that she wants a divorce, signed and with 2 witnesses?
"To file the divorce you must appear at least twice to the court of jurisdiction".
Is there no other way? He does not want to go upcountry and never want to see her.
Could you please email and advice on the easiest way of solving this?
He will try to call her today, see if he can get the agreement for divorce from her.
Again, thanks.