Grounds for Divorce
There are only two ways to constitute a Divorce in Thailand, and that is divorce by mutual consent or by court judgement. For those who choose to terminate their ties by mutual consent, the said agreement should be put into writing and must be signed in front of witnesses who can certify that the divorce agreement is authentic.
Divorce in Thailand: Grounds for Divorce
The right to file for a divorce is terminated when the spouse claiming is proved to have forgiven the other regarding the act which is the basis for the divorce; or if the court proves that there has been a conspiracy between both spouses regarding an act which is the basis for the divorce.
Listed below are some “Grounds for Divorce“in Thailand.
– The husband has been found to be giving maintenance and or giving honor to another woman which is not his wife, or in a case that the wife has committed adultery that the others spouse can file for a divorce;
– Misconduct has been found from one spouse, causing the other to be seriously ashamed; insulted or making the other spouse hate being a husband or a wife to the spouse who committed the misconduct; or one spouse has sustained injury wherein the state of being husband and wife has been placed into consideration;
– One spouse has brought serious harm from the other causing serious damage to the mind and body, or seriously inflicted insult to the other or his or her superiors;
– One spouse has left the other for more than one year;
– One spouse has been judged by the court and imprisoned for more than one year in an offense violated without the involvement and or approval of the other;
– Both the husband and the wife are living separately in a voluntary manner because both cannot be in one roof peacefully for more than three years, or both are living separately by order of the court;
– One spouse has been deemed to have vanished, or has left his or her residence for more than three years, in which there is uncertainty of the spouse being alive or dead;
– One spouse has been unsuccessful in providing sustenance to the other, or has committed a hostile act to the relationship of being husband and wife causing excessive trouble to the relationship;
– One spouse has been mentally incapable for more than three years, and the continuous insanity has been found incurable making it impossible for the other to stay in the marriage;
– One spouse has violated an oath which is conducted by him or her; the other may file a divorce;
– One spouse has been suffering from a contagious and incurable sickness that may cause harm to the other;
– One spouse has a physical disability making it a reason to be permanently unable to live together as husband and wife;
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