My crummy dad wants a divorce from my mom. All of his assets are in Taiwan and she knows he has property, but he wants her to sign the divorce papers and agree that she doesn’t get any of his assets in Taiwan. She doesn’t have anything but the house they share in the US. They got married in Taiwan first and then in the United States.
If they get divorced in the US, can he argue to the Taiwan court that she agreed to the divorce then? She does not want to grant the divorce in Taiwan because he wants to remarry but she can’t prove the adultery. Is there any way she can prove it easily? We can’t stop the divorce process from starting in the US. Any advice would be greatly appreciated.
You can’t divorce in the USA and at the same time refuse to divorce in Taiwan. Once the divorce in the USA is done, its only a matter of time and procedures for it to be recognized in Taiwan.
If your mom has a claim for assets in Taiwan, she should include them in the divorce procedure in the USA.
dont sign anything without legal advice.
She can’t refuse the divorce in the US though. In Taiwan both parties have to be in agreement. Should she go back to Taiwan to start the divorce procedure before he can serve her then?
Those are seperate things. TW recognizes legal proceedings done overseas like marriage, birth certificates and divorce, and so does the US: I believe your parents didnt have to re-marry in the USA after they got there, their TW marriage was recognized by the local authorities.
Hence, if your mom divorced in the USA, and your dad submits the right paperwork here, eventually it will be recognized. It will be very hard for your mom to object and to explain how come she agrees to divorce in USA but wants to stay married in TW.
i dont know if your mom should come here and start divorce proceedings here, i cant give you legal advice. the best advice is to get a lawyer and for the divorce in the USA to take into account all assets, including the ones in Taiwan.
This is something where your mom really should NOT follow the advice of internet strangers. Tell your mom she needs to consult with more than one good international divorce attorney. If she’s in the U.S. then it should be an attorney in the U.S. state where they live. Look at attorneys whose websites brag that they have experience with international divorce.
A divorce in the U.S. CAN divide Taiwan assets. But whether or not a Taiwan court (where those assets are located) will enforce the U.S. court judgment depends on a variety of factors. The devil is in the details!
Your mom needs to hire an attorney, and it has to be someone who knows international issues, and she might need both a U.S. AND a Taiwan attorney.
Tell her not to believe what your dad says.
Tell her not to sign anything unless her own attorney approves it!
This is interesting. We got married in Europe, living in US and we both want divorce. My husbands assets are all in Taiwan and he pushes me to sign divorce in US so he doesn’t have to give me anything after 8yrs.
I spoke with an international divorce attorney and she told me there is no way to get anything from Taiwan under US jurisdiction and I need to seek advice from a Tw lawyer - none of them has returned my emails yet