Yet another 'Questions about APRC and Divorce' Thread

Legal Legal - Divorce
1

I apologize for starting a new thread that might ask many of the same questions that have been asked before, but I’ve had difficulty finding the exact information that I’m looking for, and I really, really want to make sure I have the correct information as it pertains to my exact situation.

Got married go my TW wife five years ago after being with her off and on for a couple of years previous. I moved here with the very best of intentions of settling down with her to work and family, but after starting our own business together and having a kid, our relationship has completely deteriorated to the point where we can barely go a day without arguing. It’s obviously affecting both of us very strongly, not to mention our kid. I’ve been feeling for quite a while now that I would like to divorce, and she’s even started hinting at it recently too, but I didn’t want to do anything until I got my APRC sorted.

So that’s done now, I have it. I really, really hope that if it does come down to divorce my wife will be rational and come to agreement that’s best for both us and our kid, but, well, she’s not the most rational person. So I’m worried that, simply out of spite, she’ll try to screw me over. So here are my questions:

  1. In order to maintain my APRC, do I have to keep showing regular income (like, for taxation purposes)? I mean, could I take a few months off work and live off savings and not have it affect my residence status? If I have to go through a messy divorce proceeding I don’t think I could handle having to work at the same time. I could start working again after.

  2. Do the courts always side with the TW parent over a foreigner? I would obviously want joint custody, because I think that’s best for our kid, but if she decides to apply for full custody, is there anything I can do? Would I ever be able to fight that? She’s never cheated on me (as far as I know), though she yells and screams at me a fair bit (which I’ve recorded). Would that help at all? (P.S. Our kid also has a foreign passport).

I’m sorry for the repetitive questions, but any help would be appreciated.

2

Did you already consult to a legal aid or some immigrant support organizations?

If not yet, I think it may be worth to contact with some of them, for example,

Legal Aid Foundation
http://www.laf.org.tw/en/

If you are in Taipei
New Immigrants’ Hall Consultation Services
https://nite.taipei/cp.aspx?n=AD5374F10BFDD2E4

3

No, not yet. I feel that would be premature at this point. Plus, if I do this, it would obviously have to be in secret; but then, if she finds out, isn’t that grounds for divorce right there? Wouldn’t I automatically be seen as the responsible party and lose everything?

4

For the first question, you don’t need to consult with a lawyer. Once you get your APRC, there is no financial requirement to keep it. The conditions NIA would revoke or repeal your APRC are written in Article 33 of Immigration Act.

it is said that the courts tend to side locals, and mothers if kids are young. Though, there may be cases foreign fathers got custody. I’m afraid we cannot say how your case would be.

I think the best thing you can do may be to consult with a lawyer before it would become too late.