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Contested Divorce in Thailand

Contested divorce in Thailand applies when both spouses cannot resolve issues pertaining to their separation. Not being able to sort an agreement on how to end their marriage will result to a process done in court. The spouse who seeks for divorce must be able to prove the grounds of such claim of divorce in Thailand which is stated in Section 1516 of the CCCT.

Contested divorce in Thailand

Such grounds for Divorce include:

  • Adultery
  • When any of the spouse has given out maintenance and has honored another;
  • Gross misconduct
  • When any of the spouse has been found guilty of misconduct, may it fall under a criminal offense or not, for as long as it causes the other spouse:
  • Serious shame;
  • Serious insult or hate;
  • Extreme injury or trouble;
  • Cruelty
  • Serious damage or torment caused either or both physically or mentally to the other spouse, or has extremely insulted the other and their ascendants;
  • Abandonment
  • When any of the spouse has left the other for more than 1 year;
  • Caused by a court decision of being sentences for an offense of more than a year without the knowledge or consent of the other party and the joining of the couple has then caused trouble to the other;
  • Both voluntarily lived in separate dwelling due to being unable to stay together peacefully for more than 3 years, or have been living apart for more than 3 years through court order;
  • Disappearance
  • When any of the spouse has disappeared or has left their home for more than 3 years without certainty if the spouse is still alive or deceased;
  • Non-Support
  • When any of the spouse has failed sufficient financial support to the other, or has committed actions that resulted to the damage of relationship as of husband and wife to the point that the other has suffered¬† too much trouble that makes living together become questionable;
  • Insanity

When any of the spouse has been proved as mentally ill or insane person for more than 3 years continuously, and such has been found without a cure makes the marriage impossible to continue;

  • Violation of bond for Good Behavior
  • When any of the spouse has broken a bond of moral to the other;
  • Communicable disease
  • When any of the spouse has suffered a transmissible disease that may cause harm to the other;
  • When any of the spouse has a physical disadvantage that makes it permanently impossible to live together as husband and wife;

A contested divorce is effective on the day of the final judgment of the case, but this will not take into legal affect until the registration of the said divorce is made. You should also look at usufructs and well and superficies in Thailand then contact a Thai law firm in Thailand.