Grounds for Divorce
These are the grounds for divorce in Thailand. If you are getting divorced in Thailand then you should consider that the law allows for certain requirements to get divorced in Thailand. These requirements for divorce in Thailand has been listed below and you will need to see what is applicable to your divorce. Some have a very wide description while others are narrower. Take proper legal advice if you are considering an unopposed divorce or a litigated divorce.
Grounds for Divorce
One of the parties has committed adultery or has a boyfriend or girlfriend as defined by the law as being written as “given maintenance to or honored such other as their spouse.” The other party may file for divorce in this regards. If however permission had been given that a boyfriend or girlfriend may be maintained then this will more likely than not lead to a litigated divorce as one party may be seeking damages.
One of the parties has been guilty of misconduct be it criminal or not. This misconduct is widely described and can be anything that has left your ashamed or may cause you to be insulted or hated if the marriage continues. The description for misconduct can be anything from continual drunkenness in public or drugs use at home or elsewhere.
The reason for divorce can also fall under serious harm being done including torture to the body or mind. This also covers seriously insulting your ascendants. Much like misconduct this is very widely explained in Thai law and is normally added to the reasons for the divorce as it will not stand on its own. Again you will need to speak to a divorce lawyer in Thailand for assistance.
If one of the parties has deserted the other for more than one year this is also a reason for a divorce. This could be imprisonment or where someone has left the household and started another family elsewhere. If you have lived apart for more than three years and started elsewhere this is also a reason for a divorce. Note that deserting is only one year while voluntary living apart for more than three years would be a requirement for having moved apart.
One party has disappeared for more than three years and nobody knows if the person is still alive or not. Note that disappearance and desertion is not the same thing within the law.
Insanity & Illness
If one person has been judged to be insane this would also be a reason for a divorce. Note that it will take much longer if the person has to be judged as insane as a curator has to be appointed. If you did not know that the person was already declared insane and married her then you can also apply for an annulment. There is also the issue of illness such as having a communicable and dangerous disease which is incurable which is also a reason for a divorce.
Speak to a family lawyer when getting divorced in Thailand and the requirements for a divorce. Only a small segment has been highlighted above as reason for a divorce. These are some of the examples for the grounds for divorce in Thailand.
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