Grounds for Divorce . Divorce in Thailand, like in many countries, requires legal justification. These justifications, outlined in Section 1516 of the Civil and Commercial Code, are the grounds a spouse must cite when filing for divorce through the court system.
Traditional Grounds for Divorce
Several grounds for divorce stem from a breakdown of trust or marital obligations:
- Infidelity: This includes adultery or taking another spouse.
- Misconduct: This covers a range of offenses, including criminal acts that cause physical or mental harm to the other spouse.
- Desertion: If one spouse leaves the other for over a year without reason, it qualifies as grounds for divorce.
- Failure to Provide Support: A spouse who persistently neglects their financial obligations to the family can be grounds for divorce.
Mental and Physical Wellbeing
The law also recognizes the importance of mental and physical wellbeing in a marriage:
- Cruelty: If one spouse inflicts physical or emotional abuse on the other, it can be grounds for divorce.
- Insanity: Incurable insanity lasting for at least three years is a valid ground for divorce.
- Communicable Disease: An incurable, communicable disease that poses a health risk to the other spouse can be cited for divorce.
Breakdown of the Marital Bond
Thailand’s legal system acknowledges that marriages can simply fall apart:
- Separation: If both spouses have voluntarily lived separately for more than three years, it is considered grounds for divorce.
- Physical Incapacity: A physical condition that permanently prevents cohabitation can be grounds for divorce.
Important Considerations
- The grounds for divorce must be proven in court with sufficient evidence.
- In some cases, like adultery, the filing spouse’s own infidelity can negate their claim.
- An experienced Thai divorce lawyer can provide valuable guidance on navigating the legalities and maximizing your chances of a successful outcome.
Considering Divorce in Thailand?
If you are contemplating divorce in Thailand, it’s crucial to understand the legal grounds and seek professional legal counsel. An attorney can advise you on the most suitable course of action based on your specific circumstances.