Grounds for Divorce in Thailand

Grounds for Divorce in Thailand. Dissolving a marriage can be emotionally challenging and legally intricate, no matter where you are in the world. If you’re contemplating divorce in Thailand, it’s essential to familiarize yourself with the legal grounds on which you can base your case..

Essential Elements for Divorce in Thailand

Thailand, like many other countries, requires spouses to have legal grounds for divorce. These grounds are outlined in Section 1516 of the Civil and Commercial Code. In addition to having grounds, Thai divorce law also requires that at least one spouse has resided in Thailand for at least one year before filing.

Common Grounds for Divorce in Thailand

Here’s a breakdown of some of the most common grounds for divorce in Thailand:

  • Marital Infidelity: This includes adultery or taking another person as a spouse.
  • Misconduct or Abuse: This can encompass criminal acts, physical or mental harm inflicted on the other spouse, or serious insults directed towards the spouse or their family.
  • Desertion: If one spouse abandons the other for more than a year without reasonable cause.
  • Failure to Provide Support: A spouse who persistently neglects to financially support the other spouse can be grounds for divorce.
  • Insanity: If a spouse has been diagnosed with a mental illness that renders them unable to function in the marriage for at least three consecutive years.
  • Separation: If both spouses have voluntarily lived separately for at least three years. This can be a smoother path to divorce if both parties are in agreement.
  • Other Factors: Thai law also recognizes additional grounds for divorce, such as having an incurable communicable disease or a physical condition that permanently prevents cohabitation.

Seeking Legal Guidance

While this article provides a general overview, divorce proceedings can be intricate and it’s always wise to consult with a lawyer experienced in Thai family law. An attorney can advise you on the specific grounds most applicable to your situation, navigate the legalities of the process, and help ensure a fair and efficient resolution.

Remember:

  • The grounds listed here may not be exhaustive, and consulting a lawyer is recommended for tailored advice.
  • Thai divorce law can be complex, and legal representation is highly advisable.
  • Understanding the grounds for divorce will empower you to make informed decisions about your future.

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