What to do if spouse is missing for years?


#283

So says the MOJ (not that the translation is binding though).


#285

For the mutual maintenance part, explain your point to the lawyer and say you want to express it diplomatically. The way it’s worded now, I think it would just upset them and reinforce their current impression of you.

I’m not sure how I would word it, but I would start by reading the relevant jurisprudence.


#286

ex.


#287

Once again I would like to thank everyone so far for all your advice and support. Still waiting on LAF. They said they would let me know by today but I still haven’t heard from them. Maybe that was an estimate but I am starting to worry I won’t get accepted.


#288

I just got an email from LAF. They asked me to call them at 2pm and they will tell me the decision.

Almost time to call them…I’ll update everyone here after.


#289

I was accepted by LAF and they agreed to 2/3rds funding. They also want to arrange a lawyer for me because they feel my current lawyer is unprofessional. Could anyone please translate this for me? I don’t want to make any mistakes.

分擔金付款方式:劃撥、轉帳或匯款至合作金庫(代碼:006)古亭分行帳號:
0877765621169,戶名:財團法人法律扶助基金會。
2. 付款後請先將收據傳真至本分會,並請致電通知承辦人,本分會確認後將盡快
為您指派律師。若逾期未繳納,本會將終止對您之扶助。
3. 當您的案件在扶助過程中或是案件結束後,發生需要繳納跟訴訟相關的必要費
用時,可以向法扶申請支付,由審查委員會決定是否同意;但因您的案件為部
分扶助,基金會將按照您的扶助比例支付費用,其餘部分需由您自行負擔。
4. 若您因案件急迫或有困難暫時無法繳納,可填寫「代墊申請書」,申請基金會先
為您代墊您應繳納之分擔金,本會將送審查委員會決定。同意代墊後,您就本
申請案件應分擔之律師酬金及必要費用,均暫時不用繳納,待本案結束後,再
通知您繳款。
5. 若是您對審查決定不服,可在收到本通知書後三十日內填寫覆議申請書並檢附
相關文件,向本分會提出覆議。本分會再將您的覆議文件轉給總會覆議委員會
處理。


#290

Good news!


#291

申請人應負擔之酬金分擔金數額 xxxxxx
where it says this, is that all I have to pay?


#292

Yes.


#293

I think this part is on additional costs. Though, I’m afraid that my translation could cause mistakes, since none of English and Chinese is my language.


#294

It’s an extremely low number…,I almost can’t believe it. The lawyer I was in communication with charged so much more that no way would 1/3 be this low. Either I got a really cheap lawyer or the guy was scamming me.


#295

It’s okay I appreciate any contribution you make. Thanks. I’ll be on the lookout for additional costs.


#296

When you win this battle and get your freedom restored, I say we all throw you a party! First round is on me.


#297

With all the help you guys have been giving me, all rounds should be on me.


#298

Sorry, wasn’t clear with previous answer. That fee would appear to be for initial costs incurred. Subsequent fees would depend on the amount of time the lawyer spends on your case, presumably.

Busy at the moment, but I’d be happy to give you a quick translation of the above letter this evening (unless @yyy gets to it first).


#299

Ah I see. That would explain it then. Well I will prepare more just in case but hopefully I can afford this. Seems like, unless the judge is reasonable, this case could go on for a very long time because my wifes family wants it to go forever. However, this could just be her families doing. Possibly my wife could be convinced to divorce if her family gets out of the way. She is a 34 year old adult; her family shouldn’t be allowed to control her like this if that is so.


#300

Thank you so much. Take your time. There was also this part:
扶助理由案情部分/ 因申請人與配偶已分居達二年多,且配偶毫無音訊,不知去向,
故認本件雙方已無意再繼續維持婚姻關係,申請人所請非無理
由。


#301

This is just a rough translation to give you the gist of each item.

Your portion of the legal fees can be transferred or wired to the Guting Branch of Taiwan Cooperative Bank (code: 006), Guting Branch (account#: 0877765621169; account name: Legal Aid Foundation)
分擔金付款方式:劃撥、轉帳或匯款至合作金庫(代碼:006)古亭分行帳號:
0877765621169,戶名:財團法人法律扶助基金會。

After payment, fax the receipt to LAF and call the person in charge of your case. After confirmation, LAF will promptly assign you a lawyer. If payment isn’t made within the time limit, LAF will stop assisting you.
付款後請先將收據傳真至本分會,並請致電通知承辦人,本分會確認後將盡快
為您指派律師。若逾期未繳納,本會將終止對您之扶助。

For necessary legal fees that are incurred during or after your case, you may apply to LAF for payment, and our committee will assess whether or not such a payment will be made. But as we’re providing partial assistance, only the percentage agreed to will be paid, with the remainder to be covered by you.
當您的案件在扶助過程中或是案件結束後,發生需要繳納跟訴訟相關的必要費
用時,可以向法扶申請支付,由審查委員會決定是否同意;但因您的案件為部
分扶助,基金會將按照您的扶助比例支付費用,其餘部分需由您自行負擔。

If you’re unable to pay your portion of the fees due to time constraints or other difficulties, you can fill out a form and apply to have LAF cover your portion, and a decision will be made by our committee. If your application is approved, you won’t need to pay your portion of the legal fees upfront, but can wait until the case is over to pay.
若您因案件急迫或有困難暫時無法繳納,可填寫「代墊申請書」,申請基金會先
為您代墊您應繳納之分擔金,本會將送審查委員會決定。同意代墊後,您就本
申請案件應分擔之律師酬金及必要費用,均暫時不用繳納,待本案結束後,再
通知您繳款。

If you don’t agree with the decision made by our committee, you can fill out our reconsideration form and send it to us along with relevant documents within 30 days of receiving this notice.
若是您對審查決定不服,可在收到本通知書後三十日內填寫覆議申請書並檢附
相關文件,向本分會提出覆議。本分會再將您的覆議文件轉給總會覆議委員會
處理。

Reasons for legal assistance: the applicant has been separated from his wife for over two years, his wife has had no contact with him, and he doesn’t know her whereabouts. It’s therefore considered that the couple has no intention of continuing their marriage, and the applicant has adequate reasons for requesting assistance.
扶助理由案情部分/ 因申請人與配偶已分居達二年多,且配偶毫無音訊,不知去向,
故認本件雙方已無意再繼續維持婚姻關係,申請人所請非無理
由。


#302

Thanks for the translation. So the total amount I would need remains a mystery. Wish they could give me a rough idea how much they are going to charge me and when but maybe they are uncertain. I’ll try my best to save but I’d hate to have a large fee come out of nowhere stopping my case.
Also, sorry for the stupid question but, this transfer can be done by atm right?


#303

Right.