What to do if spouse is missing for years?


#141

You can ask for an English speaking lawyer, but beyond that I don’t think you have much say.

For reference (Legal Aid Act):
https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030157


#142

They decide who you get.


#143

Thanks guys. Anyone know if they monitor the progress of the case? As in; stop the lawyer from unnecessary silly processes to make more money like the court order to get my household registration that my current lawyer had told me was absolutely necessary because I couldn’t get it on my own.


#144

just to make it clear, household certificate (戶口名簿) and household registration transcript (戶籍謄本) are different. Household certificate can be got just by Head of Household (戶長) or someone entrusted by Head of Household.


#145

My lawyer told me I couldn’t get the 戶籍謄本 by myself and needed a court order. He never mentioned anything about a 戶口名簿. He also said I might have difficulty getting my marriage certificate and he can get that too by court order if I needed.


#146

The case that involved one member of my extended family (will not divulge the case). They had a legal aid appointed lawyer. She didn’t waste time and was good. She also kept explaining how to deal with the judge. It’s not like in US and UK where to opposing lawyers battle it out. It’s more like they tell you the best way to approach the judge with your case etc. Legal Aid foundation was good, but not everyone even gets accepted. On behalf of one of my family members I’m very grateful to them.
My advice to any foreigners here and a very non professional one but none the less from actual experience is “Dont piss off the judge.” Be very respectful and come across as humble. If the judge likes you it helps a lot! I believe Taiwan law is based around German Law not English common law as the American system is based upon. Hope that helps.


#147

That’s interesting. So your lawyer doesn’t speak for you? Does he at least accompany you? The one thing my lawyer did offer me was to go to court for me. He even said I didn’t have to be there unless the judge found it necessary. He had me give him a written statement that he would use on my behalf.


#148

Yeah they speak for you but also the judge will ask questions if needed, as will the prosecuter , but our case was more serious and could have ended in imprisonment etc. If the judge talks to you don’t argue aggressively , you can ask polite questions. The judges here have huge power.
Just go with the lawyers advice they know all this stuff, but I’ve seen a few foreigners here disregarding their lawyers advice and end up arguing with the judge about this article or that one. It usually doesn’t end up well.


#149

Thanks for the advice. Yeah, I definitely wouldn’t argue with them.

Does one need to call and make an appointment at the taxation office to get records or can we simply just walk in?


#150

Walk in and get a number from the machine. They’ll probably send you to the first floor, you wait then on your turn they’ll say “oh you need to go to the second floor”:rofl:


#151

So pretty much the same as every other agency here. :joy:


#152

Just coming back from Taipei. I got a copy of my household registration, marriage certificate and also my tax records. Apparently we’ve been filing jointly with me being dependent on my wife. They couldn’t give me too much so hopefully what they gave me is enough for laf. I definitely will not be using this lawyer anymore since he wasn’t honest with me. If anyone wants to know a lawyer to avoid, pm me.


#153

Good to hear you were able to get what you needed.
See? easy!


#154

Hsinchu city gov also has legal counseling service.

新竹市政府免費法律諮詢服務
https://dep-civil.hccg.gov.tw/ch/home.jsp?id=40&parentpath=0,3,35

You could ask them if they have any idea on the total cost (upper/lower limits) you would need, and might be able to use the numbers as some sort of standard, when you meet different lawyers.


#155

I have to be honest though, I really thought she (the lady at the counter) wouldn’t give it to me. She took super long; as if she couldn’t find it. I almost wanted to ask if there was a problem. She also asked me if I had my wife’s ID card. I just told her no and luckily she still gave it to me anyways. When she asked me for my wife’s ID card, my heart almost stopped and I immediately remembered my lawyer saying I couldn’t get it without her. Turned out he was full of it. Can’t believe I almost paid him 8,000nt hourly to get a court order to retrieve my household registration.

Thanks. I’m hoping laf will take my application. I really can’t afford a lawyer.


#156

Awesome news. How many years of joint filing is that? Can we foresee an APRC in the future?***

EDIT
I see OP already has APRC. My bad.


#157

The lawyer could have been right , but as you will find most government employees can be flexible here depending on your attitude and their mood. She probably could have refused it. Anyway you kept your cool and got what you needed.:+1:t2:


#158

I’m not sure but I think maybe since the very start of our marriage. So about 9 years. The lady working at the tax office was only able to provide me with 5 years of records and she said there was some part of it they couldn’t provide me without my wife present. I hope laf doesn’t need that because I have no means of providing it. If I could, I wouldn’t be in this situation.

That’s possible. I can’t afford him anyways. Thank you and everyone for your support so far. I really hope I can resolve this soon.


#159

On what grounds? I’m pretty sure you have the right to get a copy.


#160

按戶籍法第65條第1項及第2向規定:「本人或利害關係人得向戶政事務所申請閱覽戶籍資料或交付戶籍謄本;申請人不能親自申請時,得以書面委託他人為之。(第1項)利害關係人依前項規定申請時,戶政事務所僅得提供有利害關係部分之戶籍資料或戶籍謄本。(第2項)」
有關您來信提及欲申請在臺結婚登記資料1節,您得提憑身分證明文件(如永久居留證、護照)或委託他人(委託書在國外作成者,應經我國駐外使領館、代表處或辦事處驗證),向原辦理結婚登記之戶政事務所申請發給結婚登記之戶籍檔案原始資料。至申請程序請您洽詢欲前往申辦之戶政事務所。
以上答復,供您參考,您若仍有其他疑問或不明瞭之處,歡迎隨時來電洽詢,感謝您的來信。

This is the response I got from household registration when I sent them an email asking
. I guess that pretty much disproves my lawyer. I just got the reply now after I already finished. Good thing I didn’t need to use it. :joy: