Thailand Grounds for Divorce. In Thailand, to obtain a divorce through the court system, one spouse must cite a legal reason for dissolving the marriage. These reasons, outlined in Section 1516 of the Civil and Commercial Code, are not simply grounds for divorce; they are actionable claims that require evidence in court to be successful.
Here’s a breakdown of the common grounds for divorce in Thailand:
- Marital Infidelity: This includes adultery or taking another spouse.
- Misconduct: This covers a broad range of offenses, including criminal acts that cause physical or emotional harm to the other spouse.
- Desertion: If one spouse leaves the other for more than a year without reason, it can be grounds for divorce.
- Failure to Provide Support: A spouse who persistently neglects to financially support the other can be sued for divorce.
- Cruelty: Physical or mental abuse inflicted by one spouse on the other qualifies as a ground for divorce.
- Insanity: If a spouse has been diagnosed with a mental illness that has rendered them incapable of marital relations for at least three years, it can be a reason for divorce.
- Separation: In some cases, couples who have voluntarily lived apart for an extended period (typically three years) may be granted a divorce.
- Incurable Disease: A communicable and dangerous disease that cannot be cured and poses a risk to the other spouse can be grounds for divorce.
- Physical Incapacity: A physical condition that permanently prevents cohabitation between spouses can be a reason to dissolve the marriage.
Important Considerations
- Evidence is crucial. Having a valid reason for divorce is only half the battle. The spouse filing for divorce will need to provide evidence that supports their claim.
- Mutual consent is an option. If both spouses agree to the divorce, the process can be expedited. This option avoids the need to prove grounds for divorce in court.
- Legal counsel is recommended. Thai divorce laws can be complex, so consulting with a lawyer experienced in family law is essential. They can guide you through the process, ensure you meet all legal requirements, and represent your interests in court if necessary.
Understanding the grounds for divorce in Thailand can be helpful for couples considering dissolving their marriage. Remember, this article provides a general overview, and it’s advisable to consult with a legal professional for specific advice on your situation.
