There are a number of Grounds for Divorce in Thailand, based on Thai Family Law. These reasons must be proven to the Courts in order for a divorce to be granted. This is a strict rule that imposes the burden of proof on the spouse seeking the divorce, as well as the need for the other party to be at fault in the marriage.
Generally speaking, the grounds for divorce are very wide and can be applied to many different situations. This can range from extra-marital affairs to gambling addictions and even assault.
One of the most common grounds for divorce in Thailand is that of irreconcilable differences. In other words, the parties do not agree on how to deal with matters such as child custody, alimony, property division and more. If the issue cannot be resolved between the parties, a judge will have to decide and the divorce process can be lengthy and stressful.
Another common ground for divorce is that of the death of a partner. If the partner dies, their estate will be divided between the survivors of the couple. The deceased spouse may also be entitled to a lump sum payment in the event of their death.
A third common ground for divorce is that of a serious illness. A spouse can enter a divorce if they suffer from an incurable disease or have a physical disability.
This is a very broad ground and can be applied in many different ways, so it is important to consult an experienced divorce lawyer when filing for a divorce on this basis. This is particularly the case if the illness or disability has affected your children as this will give them a stronger argument in favour of your claim.
Your spouse has a serious mental health condition such as schizophrenia or bipolar disorder. The spouse is no longer able to care for themselves or their children and has been this way for more than 3 years.
Whether or not your spouse is ill can make an enormous difference to the outcome of your divorce case. For example, if they are suffering from a terminal illness that will cause their death within the next few months, this will be a strong grounds for divorce as it shows that they are not able to live a normal life.
Other reasons for divorce are based on the death of either partner, incapacity to work or maintain themselves and other issues such as separation. For instance, if you and your spouse have been separated for a long time and are unable to live a normal life together, this is a very strong grounds for divorce as it shows that you no longer want to be together.
As with any legal procedure, the process of divorce in Thailand can be quite complicated. It is recommended that you seek the advice of an experienced divorce attorney to help you navigate the complexities of divorce in Thailand.