Some answers about divorce in Taiwan

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...
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

Re: Some answers about divorce in Taiwan

Postby Joschka » 17 Aug 2011, 13:33

I am American and my Taiwanese wife seems to want a divorce. She has expressed willingness to remain married until I can get an APRC (a bit more than two years to go.)

But one of her daughters is pressuring me to move out now, which I refused because I'm afraid of risking my immigration status. That daughter suggested I move to (and rent) a separate condo owned by my wife where she is also registered to live. The daughter claims this would qualify me to continue to claim we are married. (The separate condo is big and she wants $50,000 NT per month to rent it.)

I can pay the rent but I'm not sure that arrangement will protect me from the immigration service.

There are no valid grounds for a contested divorce from either side. She wants it and I don't care to be where I'm not wanted. While I'm not poor, she has turned out to be far more wealthy than I am. (But wringing money out of her is pretty much not an option for personal reasons.)

The big question in my mind is this: is my status as 'married' protected if we are living in separate homes but she owns them both and is registered to live in both?

(The big place is a 4th floor walkup which is a bit of a hassle as I'm 70 years old but in good physical condition.)

Thanks,
Jim Kay
---------------------------------------------------------------------------------------------------
"I like to think intelligence is contagious. Unfortunately, it isn't" Gore VIdal
Joschka
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
 
Posts: 201
Joined: 27 Feb 2010, 09:59
Location: Taipei, Taiwan
2 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby bismarck » 17 Aug 2011, 16:03

Joschka wrote:The big question in my mind is this: is my status as 'married' protected if we are living in separate homes but she owns them both and is registered to live in both?

(The big place is a 4th floor walkup which is a bit of a hassle as I'm 70 years old but in good physical condition.)

Thanks,

Mate, NCS is the man to give the best advice on this. But from what I understand:
1. There's no legal separation in Taiwan, so if you're still on a JFRV waiting to get an APRC, that will make no difference either way.
2. She can't force you to get divorced unless you do something stupid, like give her actual proof of adultery.
3. You can live anywhere you like and once you've gone through the next two years, you can get your APRC and get divorced.

Edit: Just one other thing. I hope you still have more than 2 years left before you JFRV needs to be renewed, because when you renew it you will need her ID Card. That's the only thing she can withhold to make your life difficult before you get your APRC.
Image
World Champions 1995, 2007; Tri-Nations champions 1998, 2004, 2009; Grand Slam Champions 1912/13, 1931/32, 1951/52, 1960/61; Defeated British & Irish Lions 1903, 1924, 1938, 1962, 1968, 1980, 2009
Image
Super 14 Champions 2007, 2009, 2010
Don't talk to me about naval tradition. It's nothing but rum, sodomy and the lash.
Sir Winston Churchill

Second of all, as in all honeymoons, all is well until it is not. It is until the unexpected happens that you will see all grievances surface -ask anyone in any relationship. The girl can chew with her mouth open, that if you love her, you do not care. If you do not lover her, if her pinkie toe is half an inch deviant, the relationship is doomed. - Icon
Forumosan avatar
bismarck
Maitreya Buddha (Mílèfó)
 
Posts: 11605
Joined: 07 Jan 2005, 04:44
Location: Tainan City 台彎, 台南
150 Recommends(s)
141 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby scomargo » 17 Aug 2011, 17:45

bismarck wrote:
Joschka wrote:The big question in my mind is this: is my status as 'married' protected if we are living in separate homes but she owns them both and is registered to live in both?

(The big place is a 4th floor walkup which is a bit of a hassle as I'm 70 years old but in good physical condition.)

Thanks,

Mate, NCS is the man to give the best advice on this. But from what I understand:
1. There's no legal separation in Taiwan, so if you're still on a JFRV waiting to get an APRC, that will make no difference either way.
2. She can't force you to get divorced unless you do something stupid, like give her actual proof of adultery.
3. You can live anywhere you like and once you've gone through the next two years, you can get your APRC and get divorced.

Edit: Just one other thing. I hope you still have more than 2 years left before you JFRV needs to be renewed, because when you renew it you will need her ID Card. That's the only thing she can withhold to make your life difficult before you get your APRC.


I would live where you want, and don't feel obligated to rent from your wife. From your other thread, it sounds like your wife is trying to make you pay too much in rent (50k). As long as you're married, I don't think the cops will give you any problems about not living with her. Like Bismarck said above, you can't really get divorced without consenting to it either, so you'll be fine.

Regarding what Bismarck said about needing your wife's ID to renew your JFRV, I don't think that's entirely accurate. I've only needed to give my wife's ID number to the household registration worker in order to get the household registration printout. I used to borrow my wife's ID just in case, but I don't think it's necessary, at least not in my experience. I just renewed my JFRV about 3 months ago, and I had no problems without my wife's ID.
Forumosan avatar
scomargo
Bird Walker (liù niǎo de rén)
 
Posts: 1420
Joined: 14 Jun 2001, 16:01
Location: Zhonghe
16 Recommends(s)
14 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby Mr He » 17 Aug 2011, 17:56

OK, I whitnessed a case, where the foreign husband needed the household registration so he could get a visitor visa, giving him enough time to get a resident visa.

We told the bureau of immigration that his wife had kicked him out, and refused to cooperate. Fairly direct and flat. They wrote wifey's ID no down on a piece of paper, we took that the the household registration bureau, paid them NT$20 and got 2 copies.

As far as I know, if you are listed in them, you have a right to gain access to them. My ex wife tried to stop me, as she was afraid that I could see her address, I still got them.

Regarding applying for a JFRV, the bureau of immigration told us to do it from abroad, as the risk of getting called into an interview with an angry wife wanting a divorce decreases that way.
Jeg er hvad jeg er.

Bring Zain back!
Mr He
Bodhisattva (pútísàduǒ)
Bodhisattva (pútísàduǒ)
 
Posts: 9691
Joined: 31 Oct 2000, 17:01
Location: Near the tower of doom
45 Recommends(s)
69 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby bismarck » 18 Aug 2011, 02:46

scomargo wrote:Regarding what Bismarck said about needing your wife's ID to renew your JFRV, I don't think that's entirely accurate. I've only needed to give my wife's ID number to the household registration worker in order to get the household registration printout. I used to borrow my wife's ID just in case, but I don't think it's necessary, at least not in my experience. I just renewed my JFRV about 3 months ago, and I had no problems without my wife's ID.

Possible. But the last time I renewed my JFRV before I got my TARC (Freeeeeeedooooooooooooooom!!!!!!!!!!!!!!!!!!!!!!!!!), I had to renew at the NIA offices in Fucian road Tainan, and they asked for her ID. Fortunately I had her cooperation.
Image
World Champions 1995, 2007; Tri-Nations champions 1998, 2004, 2009; Grand Slam Champions 1912/13, 1931/32, 1951/52, 1960/61; Defeated British & Irish Lions 1903, 1924, 1938, 1962, 1968, 1980, 2009
Image
Super 14 Champions 2007, 2009, 2010
Don't talk to me about naval tradition. It's nothing but rum, sodomy and the lash.
Sir Winston Churchill

Second of all, as in all honeymoons, all is well until it is not. It is until the unexpected happens that you will see all grievances surface -ask anyone in any relationship. The girl can chew with her mouth open, that if you love her, you do not care. If you do not lover her, if her pinkie toe is half an inch deviant, the relationship is doomed. - Icon
Forumosan avatar
bismarck
Maitreya Buddha (Mílèfó)
 
Posts: 11605
Joined: 07 Jan 2005, 04:44
Location: Tainan City 台彎, 台南
150 Recommends(s)
141 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby Yoman Prince » 07 Oct 2011, 15:22

Hi,

I was hoping that someone could give me some advice on a divorce issue. I am Canadian, married to a Taiwanese. We broke up a year ago and are both still living overseas. We talked about it and decided that we would like to divorce. In Canada, this is time consuming (to fill in the paperwork and file it is about 3 months) and expensive (just court cost are $300 CAD). It sounds like it will be much easier and cheaper to get this done in Taiwan. Does anyone know if that will be possible? I was thinking about getting the paper work signed at the Taipei Quasi Embassy here in Toronto and sending it over. If not, I maybe coming back for a visit and could try to deal with it then, but I am hoping not to have to run into his family. Any thoughts?
Yoman Prince
Mastered ordering "beer" in Chinese (jīngtōng le yòng Guóyǔ shuō "píjiǔ")
Mastered ordering "beer" in Chinese (jīngtōng le yòng Guóyǔ shuō "píjiǔ")
 
Posts: 122
Joined: 27 Jun 2006, 21:50
Location: Canada physically Taiwan mentally

6000

Re: Some answers about divorce in Taiwan

Postby Mr He » 11 Oct 2011, 09:55

I think you have to be here - also, you or at least one of you would have to be resident, but not sure.

I did mine at the household register, took 10 minutes, do not recall any fees, however some might have applied, but again not a whole lot.
Jeg er hvad jeg er.

Bring Zain back!
Mr He
Bodhisattva (pútísàduǒ)
Bodhisattva (pútísàduǒ)
 
Posts: 9691
Joined: 31 Oct 2000, 17:01
Location: Near the tower of doom
45 Recommends(s)
69 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby Hartzell » 16 Oct 2011, 17:25

bismarck wrote:Just one other thing. I hope you still have more than 2 years left before you JFRV needs to be renewed, because when you renew it you will need her ID Card. That's the only thing she can withhold to make your life difficult before you get your APRC.

In my experience, another big hurdle is proving that you have paid local Taiwan income taxes. Since in the majority of the situations in which I am aware, the taxes for the husband and wife are filed in the name of the Taiwan spouse, that means that any documentation regarding PROOF OF TAXES PAID (whether for the husband or the wife) must be applied for by the Taiwan spouse.

Obviously, if the husband and wife are not on speaking terms, that could be difficult.

To my knowledge, proof of local taxes paid is indeed one of the requirements for getting an APRC.
Richard W. Hartzell
contact me by email at rwh.midway@gmail.com
Neihu District, Taipei (114)
Forumosan avatar
Hartzell
Mando-pop Singer (Guóyǔ liúxíng gēshǒu)
Mando-pop Singer (Guóyǔ liúxíng gēshǒu)
 
Posts: 2342
Joined: 31 Oct 2000, 17:01
Location: Nei Hu District, Taipei, Taiwan
19 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby Mr He » 16 Oct 2011, 20:29

If you file jointly, either party has the right to get the records. At least, such was the case in 2006.

It's like household registry, if you are the foreign spouse and you are registered as such, you have a right to get them.
Jeg er hvad jeg er.

Bring Zain back!
Mr He
Bodhisattva (pútísàduǒ)
Bodhisattva (pútísàduǒ)
 
Posts: 9691
Joined: 31 Oct 2000, 17:01
Location: Near the tower of doom
45 Recommends(s)
69 Recognized(s)

6000

Re: Some answers about divorce in Taiwan

Postby bismarck » 18 Oct 2011, 00:13

Hartzell wrote:
bismarck wrote:Just one other thing. I hope you still have more than 2 years left before you JFRV needs to be renewed, because when you renew it you will need her ID Card. That's the only thing she can withhold to make your life difficult before you get your APRC.

In my experience, another big hurdle is proving that you have paid local Taiwan income taxes. Since in the majority of the situations in which I am aware, the taxes for the husband and wife are filed in the name of the Taiwan spouse, that means that any documentation regarding PROOF OF TAXES PAID (whether for the husband or the wife) must be applied for by the Taiwan spouse.

Obviously, if the husband and wife are not on speaking terms, that could be difficult.

To my knowledge, proof of local taxes paid is indeed one of the requirements for getting an APRC.

Interesting. Our taxes were filed under my name by my school (before I had the TARC and this year after I got it). :idunno:
Maybe just my school.
Image
World Champions 1995, 2007; Tri-Nations champions 1998, 2004, 2009; Grand Slam Champions 1912/13, 1931/32, 1951/52, 1960/61; Defeated British & Irish Lions 1903, 1924, 1938, 1962, 1968, 1980, 2009
Image
Super 14 Champions 2007, 2009, 2010
Don't talk to me about naval tradition. It's nothing but rum, sodomy and the lash.
Sir Winston Churchill

Second of all, as in all honeymoons, all is well until it is not. It is until the unexpected happens that you will see all grievances surface -ask anyone in any relationship. The girl can chew with her mouth open, that if you love her, you do not care. If you do not lover her, if her pinkie toe is half an inch deviant, the relationship is doomed. - Icon
Forumosan avatar
bismarck
Maitreya Buddha (Mílèfó)
 
Posts: 11605
Joined: 07 Jan 2005, 04:44
Location: Tainan City 台彎, 台南
150 Recommends(s)
141 Recognized(s)

6000

PreviousNext




 
 
 x

Return to Divorce



Who is online

Forumosans browsing this forum: No Forumosans and 1 visitor

I have died so little today, friend, forgive me -- THOMAS LUX