Grounds for Divorce

Grounds for Divorce. In Thailand, divorce can be obtained through mutual consent or by proving specific grounds stipulated by Thai law. Understanding these grounds is essential for those considering the dissolution of their marriage in Thailand.

Grounds for Divorce in Thailand:

  1. Adultery: If one spouse is unfaithful, the other spouse can file for divorce. Adultery is considered a serious breach of marital vows.
  2. Misconduct: Severe misconduct by one spouse, including acts of cruelty, abuse, or behavior that brings significant disgrace to the other spouse, can be grounds for divorce.
  3. Desertion: If a spouse deserts the other for a continuous period of at least one year, it constitutes grounds for divorce. This applies if the desertion is without consent and against the wishes of the deserted spouse.
  4. Imprisonment: If a spouse is sentenced to imprisonment for a period of more than one year, and the other spouse cannot continue the marriage, this can be a valid ground for divorce.
  5. Separation: Continuous separation for at least three years, whether by mutual agreement or otherwise, is a recognized ground for divorce. If the separation is caused by the actions of one spouse, the other can seek divorce based on this ground.
  6. Mental Illness: If a spouse has been suffering from a serious mental illness for at least three years and shows no sign of recovery, the other spouse can file for divorce.
  7. Failure to Support: If a spouse neglects to provide proper maintenance and support to the other, it can be a ground for divorce. This neglect must be intentional and persistent.
  8. Disappearance: If a spouse has been missing for at least three years, the other spouse can file for divorce on the grounds of disappearance.
  9. Incurable Disease: If a spouse is suffering from an incurable and communicable disease that poses a danger to the other spouse, it can be a ground for divorce.

Mutual Consent Divorce:

In cases where both parties agree to dissolve the marriage, a mutual consent divorce can be obtained. This process is generally simpler and quicker. Both spouses must agree on all terms, including child custody, division of property, and financial support. They must appear together before the district office to formalize the divorce.

Legal Considerations:

When filing for divorce, it is crucial to gather all necessary documents and evidence to support the grounds for divorce. Consulting with a legal professional can help navigate the complexities of Thai family law and ensure that the divorce process proceeds smoothly.

In summary, understanding the grounds for divorce in Thailand and the legal process involved is vital for those seeking to end their marriage. Whether through mutual consent or proving specific grounds, being informed and prepared can help achieve a fair and amicable resolution.

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