Hello,
I’m new in Forumosa and would appreciate some advice from “experienced” or knowledgeable people.
I looked for info in the different threads related to family legal matters and divorce but didn’t find much regarding a spouse deserting home.
My wife is planning to leave home and leave me and my young son, and I understand that is illegal.
I would like to know what I can do in a legal way.
Thanks to all.
Really?
You can consult with a lawyer.
depending on the situation, you may be able to claim living expense, child support, divorce, etc. I guess.
Biggest issue would be your own visa to remain in Taiwan and obviously child custody. Lawyer up, take your passport and if you can, your kid’s and put them in a safe.
Remember: do not sign anything unless those two things are assured, your stay and your kid’s custody. This is not Kansas, the law is different, your rights must be fought for…hard.
Be careful as she may raise accusations against you. Do not touch her, do not engage her without witnesses.
Best of luck.
If OP is a national and the spouse is a foreigner, OP could report to NIA.
If OP is a helpless person, abandonment could be criminal.
This ain’t Saudi Arabia. Your wife can leave and never come back if she doesn’t feel like it.
Now you can use this as a basis for divorce, child support, etc. but you can’t make it illegal for her to leave. Any attempt to do that and it’s kidnapping.
I have an APRC so staying in Taiwan isn’t an issue here.
As for lawyers, I’m afraid I can’t really afford that.
As for those who consider abandoning your family is not illegal, I wish them good luck.
Thanks for your advices and help.
There is legal aid. I know a lawyer that will do free consultation and work with you.
Would you like recommendations?
Good to hear! I’d love to if possible. Cheers!
I am waiting for him to send me a pic of his Name Card. It’s not with me cause i am out.
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Legal issues aren’t a matter of consideration. When deciding what is legal, people have to follow the law as it is written. It behooves one to understand what the law actually says when making legal decisions, regardless of any personal feelings or opinions. As far as I can tell, what you describe in the OP is not illegal unless abandoning a “helpless person”, as was mentioned above, but I’d like to know if I’m wrong.
Agreed. OP, what your wife is planning to do is abhorrent, but it isn’t technically against the law. Let cold, hard reason be your guide. You will need it.
Grounds For Statutory Divorce
[quote=“Taiwan’s Civil Code Article 1052”]
1 to 4
5- One spouse deserts the other spouse in bad faith.
6 to 10
So, it isn’t technically against the law to desert home? Thank you to explain.
What do you mean by “helpless person”?
It’s grounds for divorce, but that wouldn’t generally be referred to as “illegal” in English. Is that what you mean, would it be grounds for divorce, or similar? What do you hope to accomplish here?
That’s what the law says. I guess it’s basically what it says, you can’t abandon someone who you have a charge to take care of if they have no way to take care of themselves.
Not technically against the law?
Thank you to refer to the grounds for statutory divorce from the Taiwan’s Civil Code Article 1052.
Like a minor in the house who can’t possibly take care of themselves, or a very old person who needs care.
Sorry, but I don’t get you there… Thank you to point out in the Taiwanese law where is mentioned “helpless person” regarding divorce.
Thanks a lot. Much appreciated.