I really hope it doesn’t come down to this. As much as they do deserve this, I really wish I can resolve this peacefully. Do you know for sure that 3 to 4 years is required? It’s already been 4 years, just my emails only date back 2 years. I guess I’ll find out Monday (hopefully).
I’m back guys. Sorry for the long wait.
I’ve finally found a lawyer to take the case but I am worried he will be dragging it out because he charges hourly.
Apparently the best thing I have to go with is that I have been unsure if my spouse is alive or dead for the past 4 years. Abandonment doesn’t count here unless there is proof of her abandoning me to cause me harm ex. Left me in a hospital bed…etc.
As much as I love this country, their laws are seriously f’d up. It’s like I have no human rights here. It’s perfectly legal for my wife to disappear and leave me in a marriage trap to get revenge. My lawyer even said, depending on the judge, they might still argue the marriage must be kept…even if she never comes home. I don’t know guys…sometimes I just want to go home and say the hell with this place and just remarry there. As long as my wife never comes out of hiding and never finds me (America is a pretty large country) and considering America doesn’t keep any record of marriages anyways, it seems like the easier option. I try to be fair and legal but this is just so frustrating.
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If you do go back, you need proof that you are not the one doing the abandoning. We do not want her to sue you.
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Hi Icon,
I’m not sure if you can sue for abandonment. My lawyer did tell me that Taiwan courts don’t have much power outside of Taiwan. Pretty much once I leave, the best they can do for her is give her a divorce.
I’m not saying I want to do this (the thought did cross my mind though). If possible, I wish to be fair and legal. It’s so frustrating that they won’t even agree to meet and talk/negotiate in a safe public place, leaving me no choice but to battle it out in court. From the horror stories I’ve read on here, court battles never seem to go well for foreigners.
You mostly hear the negative stories. I’ve known foreigners that win, one of them is a close friend who received full custody for twins as a father. Taiwan also interestingly have panels of up to 3 judges in criminal cases, i’m not sure about civil cases.
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If it’s not too much trouble, would you mind PM’ing me with the name and contact of the lawyer your friend used? I would really appreciate it.
I’ll ask him to see if he remembers. He won custody I think 6-7 years ago so i’m sure if he remembers. Where do you live?
I’m in Hsinchu but I can go to anywhere nearby like Taipei.
But the lawyer would have to travel to Hsinchu. I think they can, but you’ll be billed for the travel time and cost if they agree to it.
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I see. Is that a rule or can I travel to them? My wife and I lived in Taipei (I’m assuming the lawyer is in taipei?) and I moved to hsinchu after the separation.
I have no idea, where are you filling for the divorce at?
I think you need to file at the court where your spouse’s household registration exists. And the lawyer needs to go there.
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Hmm if that’s the case, that would be taipei then.
1st instance: 1 judge
2nd instance (appeal): 3 judges
3rd instance (Supreme Court): 5 judges
Legal Alien,
You seem very knowledged in Taiwan’s laws. Are you a lawyer? (this is a serious question; no disrespect intended)
I’m seeing bigomy as a point that can be used for divorce. Say I was to go to the states and after a few years, get married. Would I be able to use that to finally show the judge this marriage is dead?
In that case, you could become an offending party, and an offending spouse cannot file a divorce to a court in Taiwan. Your marriage in US would not be affected by the bigomy?
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I guess you’re right. Well I’m at a loss and my lawyer is on vacation. The amount of emotional damage this has had on me is rediculous. Almost makes you want to give up on life. Nothing is more frustrating than being stuck in a marriage with a spouse who’s location is unknown, a spouses family that ignores and selectively replies randomly(and not often) with careful wording to keep you in the same situation. Both me and my lawyer agree their behavior is deliberate and trying to hurt me most likely for revenge. I also think my lawyer might possibly be dragging this out because he charges hourly.
In general, a bigamous marriage would be null and void in the US. And entering into it would be the crime of, well, bigamy, noting that each US state has its own laws on such things. (If you truly believed the first marriage to be invalid / null and void, but it was later found to be valid and in effect, then it’s conceivable that a judge might let you off, but I wouldn’t count on it.)
How badly do you want to stay in Taiwan? Maybe it’s better for you to stop wasting any more time waiting around and draining your money on litigations. You could just cut your losses and go home.