Grounds for Divorce. Divorce in Thailand can be a complex process, and understanding the legal grounds is essential. Thai law outlines specific reasons for which a spouse can file for divorce. Here’s a breakdown of the grounds for divorce in Thailand:
Fault-Based Grounds
These grounds involve a spouse’s behavior causing a breakdown of the marriage:
- Adultery: If a spouse has committed adultery or has another partner.
- Misconduct: Serious criminal activity or behavior causing physical or mental harm to the other spouse.
- Desertion: If one spouse abandons the other for over a year without reason.
- Failure to Provide Support: If a spouse neglects to financially support the other spouse without justification.
- Cruelty: This can include physical or mental abuse.
Non-Fault-Based Grounds
These grounds do not involve assigning blame:
- Insanity: If a spouse has been diagnosed with a mental illness for at least three consecutive years.
- Incurable Disease: If a spouse suffers from a severe, untreatable contagious disease that could endanger the other spouse.
- Physical Incapacity: If a physical condition permanently prevents cohabitation as husband and wife.
- Mutual Consent: Both spouses can agree to dissolve the marriage if they have voluntarily lived separately for more than three years.
Important Considerations
- Evidence Required: For fault-based grounds, providing evidence (e.g., witness testimony, medical records) to support your claim is crucial.
- Alternative Dispute Resolution: Thailand encourages couples to attempt reconciliation before filing for divorce. Mediation or arbitration might be options.
- Legal Counsel: Consulting a lawyer experienced in Thai family law is highly recommended. They can guide you through the legalities and ensure your case is filed correctly.
Conclusion
Understanding the grounds for divorce in Thailand empowers you to make informed decisions about your situation. While the process can be complex, seeking legal advice can offer clarity and ensure a smoother path towards resolving your marital issues.