Unanswered2 years ago
Can I file for divorce in Thailand with a DTV visa if my marriage was recognized in another country?
Hi all, I understand DTV isn't a residence permit, but I wonder if it will allow me to file divorce (we are both non-Thais) here in Thailand, and later have it recognised by the country where we got married?
Summary so far
The original question raises concerns about the possibility of filing for divorce in Thailand using a DTV (Digital Visa) status, especially for non-Thais married abroad. The comments emphasize that divorce jurisdiction typically lies in the country where the marriage occurred, suggesting that legal advice from an international family law expert would be necessary to navigate this situation.
17 repliesnewest first
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Frank **********
You need legal advice and not a Visa Forum.
David *******
@Tammi ****
- I think you have the best advice this group can give, which is admittedly very little. This is a visa etc advice group and not a legal resource group. Your question really would be best answered by a lawyer well versed in family law and also international family law.Cris ******
Huh? This makes no sense. You are both non thais and were married in another country. But want to file a Thai divorce but then have it recognised in your home country? Am I missing something. What would the kingdom of Thailand have anything to do with your home countries divorce?
Kool *******
@Tammi ****
you see on that list of required documents, where it says identification cards, then after it house registration? That is how they identify a Thai citizen.Cris ******
@Tammi ****
and I'm not sure your home country. But in the US its not just like. OK divorce paper signed ok done. It's a very lengthy process. Not to mention division of assets...Cris ******
@Tammi ****
right. I'm pretty sure that is for thai people. I mean I understand you linking this. But it still makes no sense that ruling a lawful marriage from another country. I believe this linked thing is for thais who say got married to a foreigner in a different country and did not register it in Thailand.
Brandon ************
That doesn't really make sense. The only place you can be divorced is where you married.
Marriage is a legal status and no one has jurisdiction over another country's laws except that country.
Marriage is a legal status and no one has jurisdiction over another country's laws except that country.
Jeffrey *********
@Brandon ***********
The issue isn't jurisdiction over another country's laws, but jurisdiction over the people involved. As long as one or both of the couple are residing in a particular country (however that country defines residence), they can theoretically divorce in that country - that's why American couples back before WWII were able to go to Cuba or the Dominican Republic to dissolve their US marriages. Whether the country will agree to exercise that jurisdiction is a separate question.Tammi *****
OP@Jeffrey ********
Very insightful, thank you.
Elías ********
@Brandon ***********
No, not always. I don't know the specifics about Thailand, but many other countries do legally execute divorces for marriages done or registered in other countries.John **********
@Brandon ***********
that makes no sense. People can get married anywhere so it makes sense they can also get divorced anywhere. I suspect what's important is that the marriage is registered/legally recognised in the country they want to get divorced in
Donald **********
@Tammi ****
- bit confused with this. Does it not assume that one person is a Thai resident (most likely born there) rather than two foreigners who married in another country but for some reason want to divorce in Thailand?John **********
@Tammi ****
I guess your first step from that would be getting a legal opinion on the term "reside" but I don't see how you could claim to reside in Thailand on a DTVTammi *****
OP@John *********
That's a perfectly valid observation.Tammi *****
OP@Brandon ***********
Other countries like the AU allows you to get divorced if one of the parties is a resident, and then have that divorce recognised by the home country/ies.Activity
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