Grounds for Divorce

Grounds for Divorce

There are a number of grounds for divorce. Some of these are vague and open to interpretation and others are very specific with the legislation to cover the reason for divorce. These are mainly issues such as insanity and abuse. The good majority of issues in Thailand tend to be issues of extra-marital affairs. The listing for most common reasons for divorce in Thailand are listed below.

Common Grounds for Divorce:

  • There has been a 3-year period of separation – This happens mainly where a foriegner has moved back to his country of origin and not contacted his Thai wife again for 3 or more years. This is mainly seen where the woman wants to get married again most times to another foreigner.
  • One spouse has deserted the other for over one year – Much like the above grounds for divorce this is where mainly in Pattaya where a Thai woman got married when she was young while in Isaan and has since moving to Pattaya never seen or heard from her Thai husband again. She wants to get married again and he cannot be found.
  • The husband has taken another woman as his wife -Even though having a mia noi or second wife is a cultural trend in Thailand it does not always go off well and many times the Thai wife wants out of the marriage.
  • The wife has committed adultery – This grounds are the most common in Thailand and it normally request the law firm to hire an investigator to provide the evidence of the extra-marital relationship. This can become complicated and costly.
  • One spouse is guilty of misconduct (criminal or otherwise) -Not very common but when it does occur it tends to be around the issue of gambling and gambling debts.
  • One spouse has physically or mentally harmed the other – This is a very vague and broad grounds for divorce when it gets used. This could be part of any of the other reasons for divorce as extramarital affairs would simply add to the mental strain. Fights break out and physical harm occurs. Not common to find physical abuse of the spouse in expat marriages.
  • Lack of Maintenance and Support – Again this can be broadly viewed but it is not common in Thailand.
  • One spouse has had incurable insanity for at least 3 years – This is a very specific clause within Thai law but it is very rarely used or seen in Thailand.
  • One spouse has broken the bond of good behavior – This is widely defined and could be more of an add-on to other reason for the divorce.
  • One spouse has an incurable, communicable and dangerous disease – This could be a number of issues such as HIV/AIDS. Again not very common and a rare reason for a divorce.
  • One spouse has a physical disadvantage so as to be unable to cohabit as husband and wife – Not very common to have a disability that would take parties down to a divorce.

If you have any questions about getting divorced in Pattaya then speak to us online and see if we are able to assist you over the internet. If you would like to speak to an attorney who deals with family law then call our toll-free number to speak to her. With years of experience in divorce and family matters for expats we have done many complicated divorces for expats.

 

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