Grounds for divorce

Divorce by court judgment in Thailand is the legal dissolution of a marriage when one spouse files a petition with the court on one of the ten grounds specified in Section 1516 of the Civil and Commercial Code. The other spouse may not agree to the divorce, but the court may still grant it if one of the statutory grounds is met.

Grounds for divorce by court judgment

The ten grounds for divorce by court judgment in Thailand are:

1. Adultery: Either spouse has committed adultery with another person.
2. Cruelty or Misconduct: Either spouse has engaged in cruel or malicious behavior that makes it intolerable for the other spouse to continue living with them.
3. Desertion: Either spouse has willfully abandoned the other spouse for more than one year.
4. Imprisonment: Either spouse has been sentenced to imprisonment for more than one year for a crime that the other spouse did not participate in or consent to, and continuing to live together as husband and wife would cause undue hardship or suffering to the other spouse.
5. Separation: The spouses have been living separately for more than three years, either by mutual agreement or by court order.
6. Presumption of Death: Either spouse has been presumed dead by a court order or has been absent from their domicile or habitual residence for more than three years without any news of their whereabouts.
7. Failure to Support: Either spouse has failed to provide adequate support to the other spouse or has acted in a way that is seriously adverse to the marital relationship, causing undue hardship or suffering to the other spouse.
8. Insanity: Either spouse has been mentally ill for more than three years and their illness is unlikely to be cured, and the illness is so severe that it makes it impossible for them to continue living together as husband and wife.
9. Breach of Probation: Either spouse has violated the terms of their probation for a serious offense.
10. Incapacity for Sexual Intercourse: Either spouse has a physical condition that makes it impossible for them to have sexual intercourse for the rest of their life.

Procedure for divorce by court judgment

The procedure for divorce by court judgment in Thailand is as follows:

1. File a petition for divorce: The spouse who wishes to divorce the other spouse must file a petition for divorce with the court that has jurisdiction over the place where the spouses last lived together.

2. Serve the petition on the other spouse: The petition for divorce must be served on the other spouse, who will then have an opportunity to file an answer and defend the case.

3. Attend a hearing: If the other spouse contests the divorce, the court will hold a hearing to hear evidence from both spouses and any witnesses.

4. Court decision: The court will then issue a decision on whether or not to grant the divorce. If the court grants the divorce, it will also issue a divorce decree that will specify the terms of the divorce, such as child custody, alimony, and property division.

Seeking legal advice

If you are considering filing for divorce by court judgment in Thailand, it is important to seek legal advice from an experienced Thai divorce lawyer. An attorney can help you understand the legal process, advise you on your rights and options, and represent you in court.

Contact us today for a consultation. Call : +66-84561-2299 or Click