Grounds for Divorce

Grounds for Divorce. Thailand's vibrant culture and stunning landscapes make it a popular destination, not just for tourists, but also for those seeking a life abroad. However, sometimes marriages don't work out, and understanding the grounds for divorce in Thailand is essential.

This article explores the legal reasons for divorce recognized by Thai courts, allowing individuals to navigate the process with clarity.

Grounds for Divorce in Thailand's Civil and Commercial Code:

Thai law outlines specific grounds for which a spouse can file for divorce. These are outlined in Section 1516 of the Civil and Commercial Code and can be broadly categorized as follows:

• Marital Misconduct: This includes adultery, cruelty or violence towards the other spouse, or serious insults directed at the spouse or their family.
• Desertion: If one spouse deserts the other for over a year without reasonable cause, it constitutes grounds for divorce.
• Failure to Fulfill Marital Obligations: This includes neglecting to financially support one's spouse or engaging in behavior deemed incompatible with marital life.
• Mental Illness: If a spouse suffers from an incurable mental illness for at least three years, it can be a reason for divorce.
• Separation: If both spouses have voluntarily lived separately for more than three years, either can petition for divorce.

Important Considerations:

• The grounds for divorce need to be proven in court with sufficient evidence.
• Some grounds, like adultery, might not be valid if the filing spouse has also committed infidelity.
• Mutually agreed-upon divorce, where both spouses consent to the dissolution of the marriage, is also an option in Thailand. This can be a faster and less contentious process.

Seeking Legal Counsel:

Divorce proceedings in Thailand can be complex, and navigating the legal system can be challenging. Hiring a reputable lawyer specializing in Thai family law is crucial. They can advise you on the most appropriate grounds for your situation, gather necessary evidence, and represent you in court.

Conclusion

Understanding the grounds for divorce in Thailand empowers individuals facing marital difficulties. Consulting with a lawyer can ensure a smoother and more efficient process, whether through litigation or mutual agreement. Remember, this article provides a general overview, and specific legal advice should be sought for your individual circumstances.