If both parties fail to come up with a divorce agreement regarding their Thailand divorce, one party needs to file a petition to the court. In order for you to do so, one must have a cause or a ground for the divorce. The burden of proof will be set on the requesting party, wherein he or she should appear in court and prove his or her motives for asking a divorce.

Thailand Divorce by Litigation

In Thailand, there are various grounds for divorce, including:

  • The husband has provided maintenance to or given honor to another woman aside from his wife;
  • The wife has been found guilty of adultery;
  • One spouse has been found guilty of misconduct, criminal or otherwise;
  • One spouse has inflicted serious harm, physical or mental torture to the other, or has gravely insulted his or her descendants;
  • One spouse has left or deserted the other for more than a year;
  • One spouse has been sentenced by the court and has been imprisoned for more than a year for an offense committed without the participation, consent or knowledge of the other spouse, making cohabitation as husband and wife as a means for the other spouse to sustain excessive injury or trouble;
  • Both spouses has voluntarily lived separately for more than 3 years;
  • One spouse has been found to have disappeared, or has left his or her house for more than 3 years with uncertainty whether he or she is still alive or already dead;
  • Thailand Divorce by LitigationLack of marital support;
  • One spouse has been found to be insane for more than 3 years, with such condition hardly curable; or one spouse has broken the bond of good behavior;
  • One spouse has been suffering from a dangerous and viral disease which is incurable and may cause injury to the other;
  • One spouse has a physical disability making him or her unable to permanently cohabitate as husband and wife;

Divorces in Thailand are done at the Family Court division. The first part of the process would be a negotiation session in front of the court. If the parties cannot agree, a trial will be ordered.

 

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