Grounds for Divorce. Divorce in Thailand can be a complex process, especially for foreigners unfamiliar with Thai law. Understanding the grounds for divorce is the first step towards a smoother dissolution of your marriage. Here’s a breakdown of the key reasons recognized by Thai courts for filing for divorce:
Marital Misconduct:
- Adultery: If one spouse commits adultery or has regular sexual intercourse outside the marriage, the other spouse can file for divorce.
- Cruelty or Violence: Physical or mental cruelty inflicted by one spouse on the other is a valid ground for divorce.
- Desertion: If one spouse deserts the other for more than a year without reasonable cause, the deserted spouse can seek divorce.
- Serious Misconduct: Engaging in criminal activity or other serious misconduct that significantly harms the marital relationship can be grounds for divorce.
Breakdown of the Marital Bond:
- Living Apart: If both spouses have voluntarily lived separately for at least three consecutive years, either spouse can file for divorce. However, this requires proof of separate living arrangements and the intention to end the marriage.
- Insanity: If one spouse has been diagnosed with a mental illness that has rendered them incapable of marital cohabitation for at least three consecutive years, the other spouse can seek a divorce.
Other Grounds:
- Failure to Provide Support: If one spouse persistently fails to provide financial support for the other spouse and family, it can be considered grounds for divorce.
- Incurable Disease: If one spouse suffers from a communicable and incurable disease that poses a risk to the other spouse, it can be a reason for divorce.
- Physical Incapacity: If one spouse suffers from a physical condition that permanently prevents them from fulfilling their marital obligations, it may be considered a ground for divorce.
Important Considerations:
- Grounds Must Be Proven: Simply stating a reason for divorce isn’t enough. You’ll need to provide evidence to support your claim in court.
- Mutual Consent: If both spouses agree to the divorce, the process can be simplified through mutual consent. This often involves a quicker and less confrontational approach.
- Legal Representation: Consulting a lawyer experienced in Thai family law is highly recommended. They can guide you through the legal process, advise you on the best course of action, and ensure your rights are protected.
Conclusion
While these are the primary grounds for divorce in Thailand, the legal process can be nuanced. Understanding your options and seeking professional legal guidance are crucial for navigating a divorce in Thailand effectively.
