[Divorce] I am separated 4 years today,

Legal Legal - Divorce
1

I am separated 4 years. My wife gave me a “letter” to move out, what I did with my son. He is now 12 years old.

My wife did not extend my working permit for my company (I needed her as Chinese Chairman). She destroyed the company which I built up from 0 to 120 million NT$. She locked the door to my company and still sold stocks!!!

She does one day agree to divorce, the next day not, one day she wants 24,000 NT$, next day 5 million or 20 million, … I have nothing done wrong and see no reason of any payments. Her reason is “I gave birth to your son”.

After I moved out, she canceled my AND MY Son’s National Health Insurance !!!
I could not get insured for one year, since the NHI insisted on “my wife’s signature”.

I opened a new company and could so work again as shareholder (more tax), although I had no working permit.

The difficultiest (financial) time is over and I got my APRC, my open work permit, a job and I am getting better.

My wife strictly does not tell me her address. However, the households register still shows us both in our bought home, that she sold.

I want to get divorced! I cannot get hold at her, since I do not know where she lives. (I heard once, that a woman did this and the husband sent court letters to the address, but since she did not get the letters, she got informed after 8 years separation, that she is already divorced 6 years.)

She does not tell me the address, since she fears, that shareholder of my company will come to her. Since she sold stock while she locked the door of the company, I think that she “cheated” so the new shareholders.

What is the best way to get divorced now? I have only her phone number, but I cannot talk with her!

BTW, I paid to lawyers already 60,000 NT$, … a priest for listening would have not charged me for this !!!

I did not use the cheating of the shareholders as a divorce reason, since she is still my son’s mother, and I do not want to make my son unhappy. My son and I are very close! To use this cheating (I was told) could lead to a criminal investigation / conviction, what allows me to get divorced without her agreement.

Any advice?

2

You could do it DIY. But you would probably need a local associate who is fluent in Chinese to help with the paperwork. How is your written and spoken Chinese? If they are OK, you could talk to judge in court. I have witnessed similar court proceedings with foreigners … and the judge will lead you through it. They don’t usually give you a hard time … but of course basic fluency in Mandarin is needed.

You should file the divorce papers in the local district court where your wife lives. You can get sample “write-ups” of paperwork from various law-books, and then adapt those to your own situation.

3

One of the statutory grounds for divorce in Taiwan is “abandonment”. I do not know whether your wife’s asking you to move out would be considered by the court as abandonment (by her). However, her refusal to inform you of her current location might be considered abandonment. Practically, however, you should ask an attorney to assist you in drafting a letter requesting your wife to come and live with you as a “family”. This letter could be (I’m not certain exactly how it is done) recorded in court or sent by a court as a summons-like document. Then, if after 6 months from the date the letter was sent to your wife, she still refuses to live with you and your son as a “family”, you should be able to prove “abandonment” by her and you would thus have a statutorily-recognized ground for divorce in Taiwan (thus there would be no need to obtain her consent for a divorce).

The court will either send the summons to her registered address or will ascertain her actual address. If the actual address cannot be ascertained, the court will usually permit summons by publication (in a newspaper).

Yes, a criminal conviction is, I think, one of the grounds for a statutory divorce. However, you do not know for certain whether she did cheat anyone or commit any crime… nor do you know that such allegations, even if true, would result in a conviction. You should, however, be able to prove abandonment per my suggested method above.

4

I think tigerman’s advice is sound.

Note: Avoid “investigation agencies” in Taiwan …

If you try to get some “investigation agency” to help with finding out various unspeakable details about your wife’s private life … you will probably get fleeced by the “investigation agency” because they typically blackmail their customers as well as the people they are investigating …

5

Since she is afraid that the shareholder will sue her, she is not giving out her address. That is a good chance that she will not receive a court letter. HOWEVER, it is a risk though, if she get the letter and shows up at my door, …

Ok, I am convinced, that I need a lawyer again. If there is a lawyer available, please contact me via private message.

6

I suggest that you contact the Republic of China Embassy in your country … and ask for their advice …

7

The bloke is in Taiwan.