Grounds for Divorce

Grounds for Divorce. Thailand, known for its breathtaking scenery and vibrant culture, also has a legal system for dissolving marriages. If you’re considering divorce in Thailand, understanding the grounds for filing is crucial.

Citable Grounds:

Thai law, under Section 1516 of the Civil and Commercial Code, outlines specific grounds for divorce. A spouse must have committed at least one of these acts to file for divorce:

  • Marital Infidelity: This includes adultery or taking another person as a wife or husband.
  • Misconduct: This can be criminal activity or other serious behavior that harms the marital relationship.
  • Physical or Mental Harm: One spouse inflicting physical violence or causing significant emotional distress on the other.
  • Desertion: One spouse abandoning the other for over a year without justification.
  • Failure to Provide Support: A spouse neglecting their financial responsibility towards the other.
  • Insanity: If a spouse has been incurably insane for at least three consecutive years.
  • Separation: Both spouses voluntarily living apart for more than three years.
  • Uncurable Disease: A spouse having a dangerous and incurable communicable disease that could endanger the other.
  • Physical Disability: A permanent physical impairment preventing cohabitation as husband and wife.
  • Breach of Good Behavior: This is a broad category encompassing various acts that violate marital vows and expectations.

Important Considerations:

While these grounds exist, there are nuances to consider:

  • Evidence is Key: You’ll need substantial evidence to support your claim for divorce.
  • Mutual Consent: If both spouses agree to the divorce, the process can be faster and less complex.
  • No-Fault Divorce Unavailable: Thailand does not have a no-fault divorce system. You must cite a specific ground for filing.

Seeking Professional Help:

Navigating the legalities of divorce in Thailand can be challenging. Here’s why seeking professional help is recommended:

  • Legal Expertise: A lawyer can advise on the most suitable grounds based on your situation and ensure a smooth process.
  • Understanding Thai Law: Thai divorce laws can be intricate, and a lawyer can provide legal interpretation and guidance.
  • Protecting Your Rights: A lawyer can ensure your rights and interests are protected throughout the divorce proceedings.

Moving Forward:

Divorce can be an emotionally and legally complex process. By understanding the grounds for divorce in Thailand and seeking professional legal guidance, you can navigate this challenging time with greater clarity and confidence.