Divorce in 2012

Procedures, processes, and the legal basis for divorce in Taiwan, including all related problems and pitfalls, child custody, alimony payments, abandonment, extra-marital affairs, and other complications...
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Divorce in 2012

Postby Mordeth » 04 May 2012, 07:27

My wife handed me the divorce contract thingy the other day (not going to sign it). And I've been reading some threads on here, but most are a few years old. I noticed this

Recently, the Taiwan "Law Governing the Application of Laws to Civil Matters Involving Foreign Elements"(涉外民事法律事用法) has made some amendments on April 30, 2010. The new law will come into force one year later.


And was wondering if someone could expand on that and how it helped us?

She wants custody until my son is 20....which is silly. Once he's old enough to choose for himself would be more realistic...say 12?

My wife has no income. She hasn't worked a day since my son was born and he's 3 and a half now.

If she gets custody I'm not too worried that she won't let me see him as she needs my monthly support.

Let me be clear that I have never HIT her.....but it has gotten physical once. And she has a police report thingy....which I'm sure she was more than happy to get. I have one as well....believe it or not. But I think she stole mine as I can't find it.

We are on talking terms. My wife is insane....but very honest. I just wish she took his best interest at heart.
Last edited by Tempo Gain on 04 May 2012, 23:09, edited 1 time in total.
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Re: Divorce in 2012

Postby zender » 04 May 2012, 07:33

Good luck, man. Sorry to hear things didn't work out. I hope whatever solution you come to is good for all three of you.
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Re: Divorce in 2012

Postby Mordeth » 04 May 2012, 07:50

Another more specific question. In the other divorce threads I see no mention of people transferring their JFRV over to their children. Can't that be done? Since it's a "Joining Family" visa and not a "Marriage" visa.....can't you just swap out the wife and base the "Joining Family" on the child with the Taiwan passport?

My visa is a big issue in all of this. We haven't been married 5 years yet. Perhaps 4.5?
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Re: Divorce in 2012

Postby scomargo » 04 May 2012, 08:30

I'm sorry to hear about the marriage problems.

I'm sure you know this, but your safest bet would be to get your APRC before you get divorced. Just don't sign the divorce papers until you have your APRC in hand. You may need to start looking into getting all of the documents for that so it can go more smoothly once you've reached your 5 year time period.

I have no idea how that above change in the laws/rules has affected anything. I've not heard of that before.
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Re: Divorce in 2012

Postby Chris » 04 May 2012, 09:15

scomargo wrote:I'm sure you know this, but your safest bet would be to get your APRC before you get divorced. Just don't sign the divorce papers until you have your APRC in hand.

Seconded. Get that APRC secured before considering divorce.

Good luck, man. And I know you love your son more than anything.
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Re: Divorce in 2012

Postby bigduke6 » 04 May 2012, 18:14

I believe you are able too, and can extend the JFRV until the kid is 18. There are some requirements like proving you will be supporting him and so on.

As I always say don't rely on this forum. Check with NIA.
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Re: Divorce in 2012

Postby SillyWilly » 04 May 2012, 18:46

Mordeth, my sympathies. Nobody deserves to be treated like shit.

I wish certain posters would stop battering obviously emotionally fragile people seeking a little help from the foreigner community. It's ridiculous. Have some empathy, for god's sake. :loco:

This post was recommended by Tomas (04 May 2012, 20:24)
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Re: Divorce in 2012

Postby Northcoast Surfer » 05 May 2012, 00:29

My recommendations:

1. Do not mess around with trying to get a JFRV through your son. Stay married until you can apply for and get the APRC.

2. You will tell your wife and assure her that you will agree to all of her terms for the divorce including custody and child support just so long as she remains married to you and assists you in obtaining your APRC first. If you are at 4.5 years of marriage, then you only have approximately 6 months left to go until you can apply for it. Once you have your APRC in your hot little hand, you will sign the divorce per WHATEVER demands she makes. Say it like you mean it, say it with a smile! You need to keep your wife happy and calm. Bite your tongue. Do not look for confrontations. Don't tap the snake on the head! Keep your eye on the prize.

3. You can continue to live it the same house with her until you get your APRC, or you can move out and get your own apartment. There is no legal separation in Taiwan. You're only married, or not married, so it won't effect your APRC application. I recommend that you stay in the same house for the next six months while you are applying for your APRC, as long as you can stand it and as long as you feel safe. Otherwise, find your own apartment in anticipation of what the divorce will bring anyway. If you do move out, you still need to pay everything and not assume or insist that she finds work. Keep everything on an even keel. Also, do not even think about fooling around with any other women until you are divorced. Again, separation in Taiwan doesn't mean squat and you don't want to face criminal charges for adultery or even worse, piss off your wife!

4. Make a quick trip to your NIA and see the agent in charge of the APRC applications. Tell them that you are coming up on 5 years of marriage very soon and would they please run your residency record to ensure that you are eligible to apply for the APRC and exactly what date are you eligible.

5. You should start working on your paperwork for the APRC now if you find out that you are eligible. You need to start with the police background check from your home country as that is the most time consuming part of the APRC application. If you're American, that means you need to do an FBI background check. No worries here because I've done 15 and helped other people numerous times. I've almost got it down to a science. PM me if you're American and would like assistance with the FBI background check. If you're not American, sorry you're on your own.

6. You need to ensure that you have reported and paid taxes on a minimum of $430,000 NTD for the 2011 tax year. This is the minimum for applying for the APRC. Tax time is this month (May), so be sure to declare and pay taxes on this miniscule amount if you want to apply for the APRC. If you decide to apply for the APRC after January 1, 2013, then you need to declare and pay taxes on a minimum of $460,000 NTD for the 2012 tax year. Oh...one more possible option for you. If you are a foreigner married to a Taiwan national, you can also show a bank account with a minimum balance of $500,000 NTD and can qualify for the APRC this way. However, the caveat is that the money has to be in the account for a minimum of one full year immediately preceeding applying for the APRC and the balance can't have dropped below this minimum during the entire year. See the APRC Application thread for more information.

7. Once you've gotten your APRC and the Open-Work Permit in your hot little hand, you can do whatever you want. Now, you will be in a position of power with the ability to negotiate yourself a proper and fair divorce deal with your wife. You can tell her that you've changed your mind and you don't agree to all her demands for divorce. You can refuse to divorce her, you can tell her you want full custody and you want her to pay you child support and she can have visitation rights. You can get a lawyer, waste tens of thousands of dollars and have a right proper divorce slugfest. The point is, you will have your immigration status already adjudicated, you won't need her assistance for jack shit and you won't be at risk for losing your status based on her attitude of the day!

I'm sure I speak for all of us when I say we are all behind you 100% and wish you the best during this most difficult time of your life.

Best of luck to you. :bow:

This post was recommended by 5 Forumosans: darienpeak (05 May 2012, 00:39), jimipresley (05 May 2012, 19:38), Mordeth (05 May 2012, 07:42), Omniloquacious (05 May 2012, 10:24), Tigerman (05 May 2012, 19:42)
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Re: Divorce in 2012

Postby TheGingerMan » 05 May 2012, 04:13

Why was this thread butchered thus by so-called moderation?

Oh, because it is in the legal section. And even Satan knows that lawyers can't stand opinions and innuendo!
:evil:
Is there a fallback for all the opinion that was in this thread prior? Or was it all flamed? If so, very ineptly done.
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Mordeth: I've seen you around your son, I know you are a great dad. I also know you are a brutally honest person, I trait I happen to hold quite dear.
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Re: Divorce in 2012

Postby Omniloquacious » 05 May 2012, 10:36

Excellent input from Northcoast Surfer, as usual.

Good luck, Mordeth. Whatever happens, I hope above all that your son will be able to main a full and positive relationship with both his mum and his dad, and will not suffer from the fallout of bad feelings between you. As long as that requirement is met, the divorce shouldn't represent anything too tragic for either you or the wife. You should both be able to put it behind you quickly enough and get on with your lives more happily than will be possible if you stay married to each other.
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