Introduction: Understanding the intricacies of divorce laws can be challenging, especially for expatriates in Taiwan. This article aims to provide clarity on the legal requirements and processes involved in obtaining a divorce in Taiwan, helping you navigate this complex terrain with greater ease.
Legal Grounds for Divorce:
Taiwanese law recognizes several grounds for divorce, including:
- Adultery: One of the most straightforward grounds for divorce.
- Desertion: If one spouse has been absent for a certain period without good cause.
- Malicious Abandonment: Refusing to cohabit without justifiable reason.
- Abuse or Severe Insult: Physical or emotional harm that makes cohabitation intolerable.
- Bigamy: Being married to more than one person simultaneously.
- Incurable Mental Illness: If one spouse suffers from a mental illness that seems incurable.
- Criminal Activity and Imprisonment: Involvement in serious criminal activities or long-term imprisonment.
- Unresolved Differences: If the marital relationship has broken down irretrievably due to other reasons.
Residency Requirements: At least one spouse must be a resident in Taiwan for a continuous period before filing for divorce. The duration of this residency requirement can vary, so it’s advisable to consult with a local attorney.
Procedure for Filing for Divorce:
- Mutual Consent Divorce: If both parties agree, they can file for a consensual divorce, which is simpler and quicker.
- Litigated Divorce: If there’s disagreement, one party must file a lawsuit. This process involves court appearances and can be lengthy and complex.
- Personal identification documents.
- Marriage certificate.
- Evidence supporting the grounds for divorce.
- Any agreement on child custody and property division, if applicable.
Child Custody and Support: In Taiwan, child custody and support issues are determined based on the child’s best interests. Factors like the child’s age, the parents’ financial situation, and the emotional bonds between parent and child are considered.
Property Division: Property acquired during the marriage is generally considered joint property and is divided equitably upon divorce.
Conclusion: Divorce in Taiwan involves navigating a complex legal framework, especially for expatriates unfamiliar with local laws. It is highly recommended to seek guidance from a legal professional to ensure a fair and legally sound process.
Note: This article provides a general overview and should not be taken as legal advice. Laws and procedures may change, and individual circumstances can vary significantly.