What are the options for a Thai citizen to divorce an absent expat husband?

May 28, 2020
4 years ago
Gary ******
ORIGINAL POSTER
Hi guys, I’m in need of some advice regarding options for divorce.

My Thai girlfriend of 2 years is still married to an expat that she has not seen for over 4 years.

He now lives in the UK as far as we know.

She has tried to contact him to try and get a divorce but he has never responded to her.

The only information I can find regarding her getting divorced involves them both attending together to sign the necessary documents.

Does anyone know of other options or had any experience with a similar situation please.
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TLDR : Answer Summary
The user seeks advice on divorce options for his Thai girlfriend, who has been married for two years to an expat that she has not seen in over four years. Responses suggest that she may file for divorce in Thailand based on abandonment, especially if her husband has been unresponsive for a specified duration. Suggestions include contacting local authorities, considering a family court, and possibly engaging a lawyer to navigate the process effectively. There is also mention of 'divorce in absentia' and references to an abandonment statute that could apply, generally requiring a minimum separation period.
Hans ******
From experience go to the local ampur and police station. Make up an declaration that the husband left, without taking care and without answering. It will take one year after this and then she can get a divorce from the judge without him. In our village in the Isaan the first statement was filed with the police.
Allan ************
Lots of available ladies with no complications , you are digging a deep hole.
Pat *********
Registered mail reminding him that you will have to get a UK Lawyer and file for a pension split that you qualify for as his spouse!
Stéfan ********
A spouse disappearing or being unresponsive is grounds for divorce in Thailand. Contact a lawyer.
John *******
It maybe need a 2 years of abandonment before a divorce can be issued... the thai law follows very much the UK law. You cannot prove he is dead or of ill repute... if you cannot find him. And would think you would have to serve papers on him I'd you wanted a quickie.
Barry ********
If you pay the right money you dont even need him there to sign anything.
Steve **********
Was it a formsl and filed divorce ? Many are not.
Glen ********
Marriage in Thai? If so simple abandonment
Chad **********
I told her multiple times if she wants us to be divorced then my fee is 2 million baht. If you’re willing to bust out the baht for me to move forward with the divorce then PM me. Otherwise tell my wife I said hello.
Mike ********
@Chad *********
you forgot to give all your bank details and PIN numbers CB !......
Tod *********
you're being fed a line of shite :O She can get a divorce at the amphur by filing papers based on abandonment. It takes time because they have to attempt to contact the spouse, BUT if she was married here in thailand she can definitely get a divorce without the husband being present.
Gary ******
ORIGINAL POSTER
@Tod ********
Thanks for the info. She was married in Thailand.

Would this process involve lawyers and courts ?
Nick ****************
She might have murdered him and buried him in the Rice field!!! Seriously you need a lawyer involved. Siam Legal are pretty good and fair.
Jon ************
Common sense would say if one partner hasn't been around for a number of years it would be a ground for divorce..you might have to track this guy down..he could be dead or doing time in HMP..the law is never simple..it's a process that takes time. He might be a bigamist married with a family back in the UK ..you never know until some official information is obtained.
Stéfan ********
@Jon ***********
yes, this is actually grounds for divorce in Thailand. I think that the minimum required is 6 months.
John *******
@Jon ***********
he maybe shacked up with someone younger in next village. Once an expat. Always an expat.
Kev **********
@Jon ***********
common sense 🤷🏻‍♂️ this it Thailand mate 😂
James **************
You need to get a lawyer involved.
Anthony ********
I've had experience the other way around. It's very difficult because they both need to attend a family court. Unless you can prove he's dead!
Jeremy ********
Just say it’s you and sign the document
Gary ******
ORIGINAL POSTER
@Jeremy *******
oh yes. That special fee that can sometimes be paid.
Gary ******
ORIGINAL POSTER
@Jeremy *******
maybe some form of Id would be needed
Eddie *******
The only option she has is to go to the provincial family court. That would be solved .
James ******
7 yrs separated in UK then basically automatic when applied for.
Ադամ ********
She can file in Thailand for divorce due to abandonment.( I think it is more like 2 years after a guy dissapears and does not participate in married life)
Gary ******
ORIGINAL POSTER
Asger *********
I think I have heard there is such a thing as "Divorce in absentia".......not sure about the correct terms..... perhaps somebody else know.
Steve *******
Get your girlfriend to contact her local Amphoe(town hall) they should know the procedure.
Gary ******
ORIGINAL POSTER
Tonny ****************
As per Thailand law you need to be separated for 3 years, then can make a case more easily. In Thailand only that is.
Gary ******
ORIGINAL POSTER
@Tonny ***************
4 years and no contact
Garrett ***********
Mhh interesting question.
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