I want to divorce my partner. What are the grounds acceptable for divorce in Thailand?
The divorce in Thailand requires grounds to which a party must cite as her reasons in filing for the dissolution of her marriage through the courts. These grounds are enumerated by Section 1516 of the Civil and Commercial Code. However, it is important to note that these grounds should be supported adequately in court otherwise the contention of the aggrieved party for a legal separation would not materialize.
- The husband has taken another woman as his wife.
- The wife has committed adultery.
- A party has committed a misconduct.
- A party has seriously insulted the other spouse or his/her ascendants.
- A party has caused physical or emotional harm on the other.
- A party has left the other party for a year.
- A party has been imprisoned for more than a year.
- Both parties has been voluntarily living separately for more than 3 years.
- A party is guilty of lacking in maintenance and support for the other.
- A party has an incurable insanity for at least 3 years.
- A spouse has broken the bond of good behavior.
- A party has an incurable, communicable and dangerous disease.
- A party has a physical disadvantage making him/her unable to cohabit with his wife or her husband.
As mentioned earlier, when citing a ground for divorce, the aggrieved party must consult with her lawyer to make certain that her reason would stand in court.
Also in general sense, it is the innocent or the aggrieved party who has the right to file for a contested divorce. However, this is not absolute as there can be a case in which both parties are guilty of committing an undesirable act such as both parties having extra-marital affairs. In cases like this, either of the spouses can file for a divorce.
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