Grounds for Divorce. Divorce in Thailand follows a specific legal framework outlining the acceptable reasons for dissolving a marriage. Understanding these grounds is crucial for anyone considering divorce in Thailand.
Essential Grounds for Divorce
Thai law, as stipulated in Section 1516 of the Civil and Commercial Code, recognizes several grounds for divorce. These grounds must be proven in court to obtain a legal separation.
- Marital Infidelity: If one spouse commits adultery or has regular sexual intercourse with someone else, the other spouse can file for divorce.
- Misconduct or Abuse: One spouse’s misconduct causing physical or psychological harm to the other, including serious insults or criminal acts, qualifies as a ground for divorce.
- Desertion: If one spouse deserts the other for more than a year without reasonable cause, the abandoned spouse can initiate divorce proceedings.
- Failure to Provide Support: A spouse who persistently fails to provide proper financial maintenance and support to the other can be grounds for divorce.
- Insanity: If one spouse suffers from a continuous, incurable mental illness for at least three years, the other spouse may file for divorce.
- Separation: Two main scenarios fall under this category:
- Mutual Consent: Both spouses can voluntarily agree to live separately for over three years. This streamlines the divorce process.
- Incurable Disease: If one spouse has a communicable and incurable disease posing a risk to the other, it can be grounds for divorce.
- Physical Incapacity: If a physical condition permanently prevents cohabitation as husband and wife, it can be a valid reason for divorce.
Important Considerations
- Evidence is Key: Simply stating a reason for divorce is insufficient. The filing spouse must provide evidence in court to substantiate the claim.
- Reciprocity Applies: In some cases, like adultery, if the filing spouse has also committed the offense, it can weaken their claim.
- Alternative Dispute Resolution: Couples may opt for mediation before resorting to court, potentially reaching an amicable agreement.
Seeking Legal Guidance
Divorce proceedings in Thailand can be complex. Consulting a qualified Thai lawyer experienced in family law is highly recommended. They can guide you through the legalities, navigate the court system, and ensure your rights are protected throughout the process.
Conclusion
Understanding the grounds for divorce in Thailand empowers individuals contemplating marital dissolution to make informed decisions. Consulting with a lawyer is essential to navigate the legalities and ensure a smooth and fair resolution.
