Divorce Challenges in Taiwan: Legal Barriers and Solutions

Divorce in Taiwan can be a complex and challenging process, especially when one party refuses to consent. While Taiwan allows for both mutual consent and contested divorces, the latter often involves lengthy legal battles, particularly when there are allegations of abuse, custody disputes, or asset division concerns.

Legal Grounds for Divorce in Taiwan

Taiwanese law stipulates specific grounds for contested divorce under Article 1052 of the Civil Code. These include:

• Adultery or infidelity
• Abuse or mistreatment
• Desertion for over six months
• Severe conflicts making cohabitation impossible

When a spouse refuses to agree to a divorce, the petitioner must prove one or more of these grounds in court. The burden of proof is high, making it difficult for individuals in abusive relationships, particularly when no physical evidence is available.

Challenges in Proving Abuse

For those experiencing verbal or physical abuse, lack of documentation can be a significant hurdle. Courts often require substantial proof, such as police reports, medical records, or witness testimonies. However, abusers may deliberately erase evidence, making it difficult for victims to establish their case.

Custody and Visitation Rights

When children are involved, the court prioritizes their best interests. A parent who refuses to grant visitation beyond legal obligations may face challenges if the other parent can demonstrate neglect or obstruction. However, the non-custodial parent must actively advocate for their parental rights through legal channels.

Legal Options and Remedies

Individuals facing resistance in obtaining a divorce can consider the following options:

1. Mediation – The court may recommend mediation as a first step to reach a settlement.
2. Legal Representation – Hiring a knowledgeable family lawyer can help navigate the complexities of Taiwanese divorce laws.
3. Gathering Evidence – Keeping a record of abusive incidents, messages, or financial disputes can strengthen a divorce case.
4. Court Petition – If all else fails, filing a contested divorce and presenting a well-documented case remains the final option.

Conclusion

Divorce in Taiwan can be prolonged and challenging, especially when one spouse refuses to consent. Legal representation and evidence gathering are crucial in overcoming these obstacles. Those struggling with abuse or parental alienation should seek legal advice to protect their rights and secure a fair outcome.