Grounds for Divorce in Thailand. Thailand, known for its beautiful scenery and welcoming culture, also has legal processes for dissolving marriages. If you’re considering a divorce in Thailand, understanding the grounds for filing is crucial.
Dissolving the Bonds: Recognized Grounds for Divorce
Thailand adheres to specific grounds outlined in the Civil and Commercial Code for granting a divorce. Here’s a breakdown of the recognized reasons:
- Marital Infidelity: If adultery or taking another spouse (bigamy) is proven, the aggrieved partner can file for divorce.
- Misconduct or Cruelty: Serious misconduct causing physical or mental harm, or severe insults towards the spouse or their family, qualify as grounds.
- Desertion: If one spouse abandons the other for over a year without justifiable reason, it constitutes desertion.
- Failure to Provide Support: A spouse’s persistent neglect to financially support the other is a valid reason for divorce.
- Insanity: If a spouse suffers from a medically diagnosed incurable mental illness for at least three consecutive years, it can be grounds for divorce.
- Separation: An uninterrupted voluntary separation of at least three years is considered a ground for divorce, provided both parties agree.
- Other Factors: Incurable contagious diseases, permanent physical inabilities hindering cohabitation, and a breakdown of good marital conduct are also recognized grounds.
Important Considerations
- Evidence to support your claim is essential. For adultery, witness testimonies or proof of cohabitation might be required.
- In some cases, like misconduct, the severity of the offense plays a role.
- If you’ve committed adultery yourself, it might weaken your case unless there are other grounds.
- It’s advisable to consult with a lawyer specializing in Thai family law for personalized guidance.
Beyond the Grounds: Additional Points to Remember
- Mutual Consent Divorce: If both spouses agree to the divorce, a faster and less confrontational process called “uncontested divorce” is possible.
- Child Custody and Assets: Divorce proceedings don’t automatically determine child custody or division of assets. These require separate agreements or court decisions.
Understanding the grounds for divorce in Thailand empowers you to make informed decisions during a challenging time. Consulting with a lawyer can provide the necessary legal support and ensure a smooth navigation of the divorce process.
