Grounds for Divorce

Grounds for Divorce. Divorce laws in Thailand differ from those in many Western countries. If you're considering divorce in Thailand, it's crucial to understand the legal grounds on which you can base your case.

Dissolving the Bonds of Matrimony

Thailand follows a fault-based divorce system, meaning at least one spouse must be proven to have committed a marital offense for the court to grant a divorce. These offenses are outlined in Section 1516 of the Civil and Commercial Code.

Common Grounds for Divorce in Thailand

Here are some of the most common grounds for divorce in Thailand:

  • Adultery: If one spouse has committed adultery or had a regular sexual relationship outside the marriage, the other spouse can file for divorce.

  • Desertion: If one spouse has deserted the other for more than a year without reasonable cause, the deserted spouse can seek a divorce.

  • Misconduct: This encompasses a broad range of offenses, including physical or mental cruelty, severe insults towards the spouse or their family, and criminal activity that harms the other spouse.

  • Failure to Provide Support: If one spouse fails to financially support the other without a valid reason, it can be grounds for divorce.

  • Insanity: If one spouse has been diagnosed with a mental illness that renders them incapable of fulfilling marital obligations for at least three consecutive years, the other spouse can file for divorce.

  • Incurable Disease: If one spouse has an incurable and contagious disease that poses a risk to the other spouse's health, it can be a ground for divorce.

  • Separation: While not technically a fault-based ground, Thai law also recognizes a form of no-fault divorce under specific circumstances. If both spouses have voluntarily lived separately for a minimum of three consecutive years, they can file for divorce by mutual consent.

Seeking Legal Guidance

Navigating divorce proceedings in Thailand can be complex. It's essential to consult with a qualified Thai lawyer who can advise you on your specific situation, the applicable grounds for divorce, and the legal process involved. They can also help you gather evidence, negotiate with your spouse, and represent you in court if necessary.

Remember: This article provides a general overview and shouldn't be considered legal advice. For specific guidance on your situation, consult with a Thai legal professional.

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