Grounds for Divorce. Thailand, known for its beautiful beaches and vibrant culture, also has its own set of laws governing marriage dissolution. If you’re considering a divorce in Thailand, understanding the legal grounds is crucial. This article explores the reasons recognized by Thai courts for filing for divorce.
Essential Grounds
Thai law, specifically Section 1516 of the Civil and Commercial Code, outlines the acceptable reasons for divorce. These grounds can be broadly categorized as follows:
- Marital Infidelity: This includes adultery, taking another spouse (bigamy), or failing to fulfill marital obligations.
- Misconduct and Abuse: This covers a range of offenses, including physical or mental harm inflicted on the other spouse, serious insults towards the spouse or their family, and criminal activity causing significant hardship.
- Desertion and Separation: If one spouse deserts the other for over a year, or both spouses have voluntarily lived separately for more than three years, divorce can be sought.
- Failure to Provide Support: A spouse who persistently neglects to financially support the other can be grounds for divorce.
- Incapacity and Illness: Incurable insanity lasting more than three years, or a communicable and dangerous disease posing a threat to the other spouse, are grounds for divorce.
- Physical Incapacity: If a physical condition permanently prevents cohabitation as husband and wife, it can be a reason for divorce.
Important Considerations
It’s important to note that simply having one of these grounds doesn’t guarantee a successful divorce. The filing spouse must provide evidence sufficient for the court to validate the claim. Additionally, some grounds, like adultery, may not hold weight if the filing spouse themselves have committed similar acts.
Seeking Legal Help
Divorce proceedings in Thailand can be complex, and navigating the legalities is best done with the guidance of a qualified Thai lawyer. They can advise you on the most appropriate grounds for your case, ensure you gather the necessary evidence, and represent you in court.
Considering divorce is a difficult decision. By understanding the legal grounds and seeking professional legal guidance, you can approach the process with more clarity and confidence.