High Divorce Rates, Low Legal Awareness

While divorce rates are high in Taiwan, the general public lacks sufficient understanding of divorce laws. Couples who reach a mutual agreement often choose an uncontested divorce. This requires two adult witnesses, aged 20 or older, to confirm that both parties are willingly and freely agreeing to the divorce. Witnesses must sign and stamp the divorce agreement, after which the couple files for divorce registration at their local household registration office.

However, when mutual agreement is not possible, and one party insists on divorce, a judicial divorce (litigated divorce) becomes necessary. The petitioner must present evidence that satisfies the grounds for divorce under Article 1052 of the Civil Code. Only then can a court-ordered divorce be achieved. Yet, due to the cultural preference for reconciliation over separation, family courts and judges are often hesitant to grant divorce unless evidence is compelling. Consulting a family law attorney or hiring one to represent your case in court is the most prudent choice. However, even with legal counsel, few attorneys are willing to guarantee a successful verdict before charging fees.

Article 1052 – Grounds for Judicial Divorce

A spouse may petition the court for divorce under the following circumstances:

1. Bigamy.
2. Adultery.
3. Physical abuse making cohabitation unbearable.
4. Abuse of or by direct relatives of the spouse, making cohabitation unbearable.
5. Intentional, ongoing abandonment.
6. Attempted homicide.
7. Incurable disease.
8. Severe, incurable mental illness.
9. Absence for over three years with no contact.
10. Intentional criminal activity resulting in a prison sentence exceeding six months.

Additionally, under the second clause: “If there are other significant reasons making marriage unsustainable, a spouse may petition for divorce. However, if the reason is attributable to one spouse, only the other party may request divorce.”

Strict Evidence Requirements

Courts and judges apply stringent standards when reviewing divorce petitions. Unless evidence is definitive, judicial divorces are rarely granted. Cases involving bigamy, adultery, or abuse often meet the evidentiary threshold when the petitioner actively gathers proof. Hiring a private investigator (PI) for services like adultery investigation, domestic violence documentation, or verifying marriage records in other jurisdictions is common. PIs provide crucial evidence and litigation support, second only to legal counsel.

Caution Against “Staged Divorces”

If a PI suggests fabricating scenarios to implicate your spouse (e.g., setting up an affair for entrapment), proceed with caution. Such tactics can backfire and carry legal risks. Instead, carefully evaluate the situation and consult professionals for advice.

Article 1052, Clause Two, provides flexibility beyond the ten listed conditions, allowing courts to consider other significant reasons for divorce. However, the burden of proof remains on the petitioner, emphasizing the need for solid legal and investigative support.