Some answers about divorce in Taiwan

[bismarck]

so is there any way i can find out if im divorced in Taiwan?

You need to hire a lawyer and/or come to Taiwan. Preferably both!

Listen to Northcoast Surfer! He knows what he's talking about!

But if I was wagering money, based on this:

Did you sign divorce papers and go to the household registration office to have them accepted there?

yes..before my taiwanese ex husband come here in phil he ask me to sign a paper so i wanna know if im already divorced in taiwan but we dont have communication now..

I think you probably are, and that you've been had.

BUT!!

Listen to Northcoast Surfer!!

[Mr He]

Just curious - you would at the very least have to go to the household registry in order to get a divorce in Taiwan?

I recall signing a piece of paper in english asking me if I wanted a divorce, and also a lot in Chinese. Surely, one part walking in with the other ones signature on a piece of paper will not be enough?

(Oh, honey, I need you to sign on this application - yes dear - day after..... Get out, we are divorced... I do not really see that happening.)

[Satellite TV]

Just curious - you would at the very least have to go to the household registry in order to get a divorce in Taiwan?

I recall signing a piece of paper in english asking me if I wanted a divorce, and also a lot in Chinese. Surely, one part walking in with the other ones signature on a piece of paper will not be enough?

(Oh, honey, I need you to sign on this application - yes dear - day after..... Get out, we are divorced... I do not really see that happening.)

My experience was that both persons were required to go at the same time with a witness to sign at the HH. Twas a long time ago but one person cannot just walk in with a paper saying the other consented to a divorce. They needs the ARC / Passport ? ID cards

[jeteztout]

Hello !

I'm a foreigner and not living in Taiwan. I'm married (only in France, not in Taiwan), with a taiwanese woman. (my marriage has no problem whatsoever lol)

Her sister is in Taiwan living with her taiwanese husband. And I had like to have some informations because her situation is complicated :

Since she gave birth, her husband and his familly have been threatening her of taking her son away in Canada if she doesn't obey to everything they are saying. For example :

Her husband said, "if you don't quit your job, I will take the child away in Canada" (it seems he has Canadian nationality) ; "if you go to visit your family, you can stay there and never come back" ... and so on.

She cannot go out very often as she need his agreement to do so. Her mother in law is always spying her and really devaluating her front of everyone. So she has quit her job, never visiting her parents living 30 kilometers away, broke relation with all her friends... Now that she doesn't have income and is trapped by pressure and guilt, her situation is very sad.

So I have a few question to ask out :

- Can he really take the children to Canada without the mother agreement ?
- In case of divorce (with evidence of the bad treatment she's suffering of from him and his family), will she lose the child ?
- Are this kind of threatening, psychological pressure and physical pressure (without violence, but still can't go out !), etc., enough to obtain a divorce in Taiwan ?

Thanks for information !

[pgdaddy1]

Hello !

I'm a foreigner and not living in Taiwan. I'm married (only in France, not in Taiwan), with a taiwanese woman. (my marriage has no problem whatsoever lol)

Her sister is in Taiwan living with her taiwanese husband. And I had like to have some informations because her situation is complicated :

Since she gave birth, her husband and his familly have been threatening her of taking her son away in Canada if she doesn't obey to everything they are saying. For example :

Her husband said, "if you don't quit your job, I will take the child away in Canada" (it seems he has Canadian nationality) ; "if you go to visit your family, you can stay there and never come back" ... and so on.

She cannot go out very often as she need his agreement to do so. Her mother in law is always spying her and really devaluating her front of everyone. So she has quit her job, never visiting her parents living 30 kilometers away, broke relation with all her friends... Now that she doesn't have income and is trapped by pressure and guilt, her situation is very sad.

So I have a few question to ask out :

- Can he really take the children to Canada without the mother agreement ?
- In case of divorce (with evidence of the bad treatment she's suffering of from him and his family), will she lose the child ?
- Are this kind of threatening, psychological pressure and physical pressure (without violence, but still can't go out !), etc., enough to obtain a divorce in Taiwan ?

Thanks for information !

With two Taiwanese parents, there are going to be no restrictions on either parent taking the child out of Taiwan. However it may possible to obtain an airport block if abduction is feared; these airport blocks are electronic and therefore highly effective. A lawyer will be necessary for that (did I just say that ?) unless the mother knows the legal system and procedures.

Threatening, psychological pressure etc. from the husband and his family. Well unfortunately that seems to very common in Taiwan, and maybe not enough to get the judge to grant a divorce even if it can be proved.

I would say the main issue for the mother is that she is isolated. Because if there is going to be a battle ahead, whether be a legal one or a battle of wills, then the person with the most support is going to win. Her parents live 30km away; well that's not so far, she needs to try to get them back into her life and get them and her extended family on her side. And contact her friends again.

If both sides have equal willpower and support then, assuming divorce can either be agreed upon or ordered by the judge, the court will probably give custody to the mother.

[bismarck]

If both sides have equal willpower and support then, assuming divorce can either be agreed upon or ordered by the judge, the court will probably give custody to the mother.

TBH, I doubt that. In Taiwan, if both parents are Taiwanese, the father and his family usually win the day, especially if the child is a boy.

A friend of mine's gf was in a similar situation several years ago. When she got tired of it and took the divorce route, she lost everything. She hasn't seen her child in five or six years.

In my situation there was none of the aforementioned psychological or physical abuse, we just didn't want to be together anymore. We mutually agreed on a divorce, but when it came to custody of our son I won full custody.
1. We're both Taiwanese citizens.
2. I have her family's family name in Chinese.
3. My son is registered on my own Hukou (Household Registration).
It didn't hurt that I, not her, had her family's support. However, in Taiwan the father will almost always win, unless the father isn't Taiwanese. That's been my experience and what I've seen over the last decade or so.

As to the above situation, she could try pgdaddy1's advice, but ultimately I'd advise her to walk away and get on with her own life.

[pgdaddy1]

It's tragic how the non-custodial parent just gets cut-off so often. Tragic for the child more than anything. I am lucky to get two minutes a week on the phone with my six year-old (who naturally, is completely uninterested), no Skype, a few photos now and again, a few words very occasionally on how he is doing at school etc, and in general, complete disdain from his mother; unwillingness to drop the charges so I can travel to Taiwan and at least be some part of his life. And compared to some, I am lucky ! I suspect that I only get what I do because I continue to pay the maintenance.

[Aboriginal girl]

However, in Taiwan the father will almost always win, unless the father isn't Taiwanese. That's been my experience and what I've seen over the last decade or so.

As to the above situation, she could try pgdaddy1's advice, but ultimately I'd advise her to walk away and get on with her own life.

My husband as a foreigner was able to have custody of his son in Taiwan and so have many other foreign fathers we know who have been divorced from Taiwan Citizens.
Several years ago there was a very public case where a German father was granted sole custody of his child and was able to leave Taiwan and return to Germany with his child.
It is not always the case if goes to the father even if the father or mother is Taiwanese. Each case is different.

[Aboriginal girl]

It's tragic how the non-custodial parent just gets cut-off so often. Tragic for the child more than anything. I am lucky to get two minutes a week on the phone with my six year-old (who naturally, is completely uninterested), no Skype, a few photos now and again, a few words very occasionally on how he is doing at school etc, and in general, complete disdain from his mother; unwillingness to drop the charges so I can travel to Taiwan and at least be some part of his life. And compared to some, I am lucky ! I suspect that I only get what I do because I continue to pay the maintenance.

Why don't you come back and contest the charges? Being charged doesn't mean you will get convicted and even if convicted doesnt mean you could not get a work ARC for Taiwan.
A friend of mine was convicted of adultery and got a 3 month sentence converted to a fine. He is a foreigner and still can keep his ARC.

[funkymonkey]

I suspect that I only get what I do because I continue to pay the maintenance.

Maybe she would change her tune if you stopped paying the maintenance (whatever that means). I guess she only views you as a bank now.