What to do if spouse is missing for years?


#221

Waiting for LAF is killing me. Wish there was something I could do in the meantime to build my case. I think it might be best for me to hold off emailing them until I talk to a lawyer. Especially since they went back to their usual ignoring. Even if laf granted me partial support, I would be very happy.


#222

This article might be somehow related.


#223

I can mostly read Chinese but my Chinese isn’t always the best. From looking at this; it isn’t looking good for me unless I missed something. Keeps saying my spouse can ask for a divorce but not me because I kicked her out.


#224

iirc, you said her get out, but not locked her out after that, isn’t it? Is it considered you kicked her out? She must try to use it, so you need a good lawyer, though.

Hopefully, a good lawyer might be able to use this for you.

實務上認為,有民法第1052條第1項以外之重大事由,難以維持婚姻者,夫妻之一方得請求離婚,但其事由應由夫妻之一方負責者,僅他方得請求離婚,民法第1052條第2項定有明文。是對於家庭生活之美滿幸福,有妨礙之情形,即得認其與此之所謂難以維持婚姻之重大事由相當(最高法院79年臺上字第1040號判決及86年度第2次民事庭會議決議參照)。至於是否有難以維持婚姻之重大事由,其判斷標準為婚姻是否已發生破綻而無回復之希望,此不可僅由原告已喪失維持婚姻意欲之主觀面加以認定,而應依客觀的標準,即難以維持婚姻之事實,是否已達於倘處於同一境況,任何人均將喪失維持婚姻希望之程度以決之(最高法院87年度臺上字第1304號判決參照)


#225

We only had one key so I guess it could be seen as I locked her out. She just came back a week or so later and changed the lock. Stole my passport too.


#226

so, you were locked out too. Maybe can be even. + additional malicious act by her.


#227

Hey that’s a good point. Problem is; proving this. I am not sure if there is any record of this happening. The police did accompany me with the locksmith to re-enter my room but I don’t think any report was filed. Had I of known that 4 years later I’d still be going through this mess and forced to go to court to solve it, I would have kept a lot more proof/records.


#228

Tando’s quotation about 主觀 vs. 客觀 is worth noting. Whether or not words spoken in an argument years ago were nasty is comparatively subjective, but an absence of four years with no communication is comparatively objective.


#229

So essentially you’re saying that the fact she hasn’t communicated with me for 4 years could put her more at fault than our reason for fighting?


#230

New update. Just got an email from her family. They are deciding to lie about breaking into my apartment. They claim it was my apartment owner. I had called my apartment owner when it happened and told her. My apartment owner was shocked. She (my apartment owner) would have no reason to do that since my rent wasn’t overdue. This really frustrates me because I really am trying to resolve this peacefully.


#231

I know a couple of cases where the man just disappears and leaves his foreign wife stuck here with the kids. As I explained before, the problems are overwhelming. One left the family practically as beggars, no chance to work or study.

It used to happen before when the partner died the foreign spouse was left with little recourse to stay, to work, to live on in Taiwan. That has luckily changed.

Divorce, however, is still tricky, as are issues of division of property and child custody. Know your rights, you can fight now, just for your is and cover your derrierre.


#232

Okay after calming down a bit and looking at their again. They gave me more evidence in my favor. They admitted the event took place many years ago and also said they wouldn’t let me talk to my wife until I admitted this bs. Guess I got them. They also accused of me kicking out my sick wife… Please, she was in perfect health.
I’m going to take the wise approach and consult a lawyer before replying.


#233

And that’s how you do it!


#234

I have to say this is pretty scary. They said the apartment owner let them in because they were trying to find me and there was nothing but a mess. This is probably is true however, but someone changed it before that too. I say this because I called my owner and she had no idea. Security guard said he saw my wife and a lady. I suspect it was my wife and her aunt and not her parents, the ones who are messaging me. I left the apartment pretty quickly and I’m sorry to my owner but the contract was under my wife’s name and I wasn’t going to change my lock every time I came back. Costs around 5k to change it.
My owner wasn’t there to witness the break in and she’s probably unhappy with me for leaving so abruptly. I’m guessing after I left she helped them open the door. It’s possible the owner would help them to testify. I will talk to a lawyer as soon as I can get one but in the meantime, what do you guys think I can do? Panicking a little.


#235

Even if this is true, I wonder what she hopes your future lives will be like.


#236

When was this?


#237

I’m sorry, you mean the whole apartment fiasco? That happened about a week or two after we fought and she left (4 years ago, 2015). I took off shortly after and rented a new place. Wasn’t going to change the lock every time I came back home. Hopefully the judge will understand that.


#238

But you left because someone broke in? We cannot say for certain who, right?


#239

Security guard said it was my wife. They allowed her to change the lock. It is her name on the contract.


#240

So she locked you out? And you left?