Grounds for Divorce in Thailand. Divorce laws in Thailand differ from some Western countries. Understanding the grounds for divorce in Thailand is crucial if you’re considering dissolving your marriage there. This article explores the legal justifications for divorce in the Land of Smiles.
Thailand’s Civil and Commercial Code
Thailand’s legal framework for divorce is outlined in the Civil and Commercial Code. This code establishes specific grounds, one of which must be cited when filing for divorce. The court won’t grant a divorce without a valid reason.
Common Grounds for Divorce in Thailand
Here are the main grounds for divorce recognized by Thai law:
- Adultery: If a spouse commits adultery or has regular sexual intercourse outside the marriage, the other spouse can file for divorce.
- Misconduct: This encompasses various acts causing significant strain on the marriage, including physical or mental cruelty towards the other spouse or serious insults directed at them or their family.
- Desertion: If one spouse deserts the other for over a year without reasonable cause, the deserted spouse can seek divorce.
- Failure to Provide Support: If a spouse neglects their financial obligations to support the other spouse or the family for at least a year, it can be grounds for divorce.
- Insanity: If a spouse has been diagnosed with a mental illness and deemed legally insane for a continuous period exceeding three years, it can be a ground for divorce.
- Living Separately: If both spouses have voluntarily lived separate and apart for more than three years, either spouse can petition for divorce. This signifies a breakdown of the marital bond.
- Other Serious Issues: The law also recognizes other situations that can severely disrupt the marriage as grounds for divorce. This may include incurable communicable diseases, physical impairments preventing cohabitation, or a spouse’s imprisonment for over a year.
Important Considerations
- The burden of proof lies with the spouse filing for divorce. They must provide evidence to support the claimed grounds.
- Mutual consent for divorce is possible if both spouses agree and meet specific criteria outlined in the Civil and Commercial Code.
- Consulting with a qualified lawyer specializing in Thai family law is highly recommended. They can guide you through the legalities, navigate the court process, and ensure your rights are protected.
Conclusion
Divorce can be a complex process in Thailand. Knowing the grounds for divorce and seeking legal guidance can help you navigate this challenging situation effectively. By understanding your options and following the proper procedures, you can ensure a smoother and more efficient path towards dissolving your marriage.