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divorce question

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 question

Postby hydra » 27 Sep 2010, 01:11

Hi everyone. I did some searching, and to my knowledge, this question has not been answered before.

My parents are considering getting a divorce. They were married in Taiwan and thus have a Taiwan marriage license. They are now US citizens. They used to live in the US, but for the past several years they have been living and working in China. They currently still work and live in China. If they were to divorce, do they need to make a trip to Taiwan to get a divorce?

I asked a China based lawyer this question and he says to the best of his knowledge, the PRC does not involve itself with the divorce of 2 foreigners (Taiwan is considered "foreign" in this case). I also looked at the US divorce laws. In the state where my parents have a legal residence, the info I read says they can get a divorce there, but only if they have been living there for the past 180 days. Since they have not, they can not get a divorce there.

Also, does anyone know how Taiwan divorce laws work in the event one party does not wish to divorce? What happens if one person refuses to make a trip to Taiwan in order to block the divorce proceedings?
hydra
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Re: divorce question

Postby Feiren » 27 Sep 2010, 10:55

They can divorce in the US. To get it recognized, they will need to have the Taiwanese courts recognize the divorce decree. The Taiwanese court will be reluctant to do so if either party or objects or if one party does not appear.

In most cases, both parties have to agree to a divorce. If one spouse does not agree, the other cannot divorce.

If both people agree, it's very easy. You sign an agreement available online and then register it at the household registry office. But both parties must attend the registration of the divorce.
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Re: divorce question

Postby hydra » 28 Sep 2010, 02:38

Feiren wrote:In most cases, both parties have to agree to a divorce. If one spouse does not agree, the other cannot divorce.


So all one has to do in order to prevent divorce is not show up in court? Isn't this a huge loophole?
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Re: divorce question

Postby chater » 21 Nov 2010, 09:03

Feiren,

You say that the papers are available online but I have looked and looked and I can't find them, at least not in English. I can't read Chinese but if I can find them I can get them translated. Do you know the website where they are available either in Chinese or English? Your help would be greatly appreciated. Thanks.(I hope you will answer soon as I need them desperately.)
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