Grounds for Divorce in Thailand
Divorce in Thailand is an intricate process that needs professional assessment by both parties. Divorce means the dissolution of a marriage by the judgment of a court on one of the grounds for divorce in Thailand as listed under Section 1516 of the Civil and Commercial Code or by the Amphur (local municipality office) in Thailand upon a joint request and mutual consent by husband and wife. Divorce typically unleashes a flood of emotions including anger, grief, anxiety and fear. Sometimes these feelings can rise up when you least expect them, catching you off guard. Such a response is normal, and over time the intensity of these feelings will subside.
The liberalization of divorce laws has fueled non-adversarial approaches to marital dissolution, such as negotiation and mediation. Such practices are especially beneficial for children, for whom divorce is almost always deeply distressing and whose needs are often overlooked in the adversarial process. It is commonly believed that 80 percent of marriages in the Thailand end in divorce, but that is not the case. It is now estimated that only a third of marriages will face dissolution over time.
Table of Contents:1. Grounds of action for divorce. 2. Involvement of Children towards the Divorce Process. 3. Prioritize your health during and after the Divorce Process. 4. Seek for Professional Support. 5. Siam Attorney is here to help.
1. Grounds for Divorce in Thailand are as follows:
(1) one spouse has given maintenance to or honored another person as wife or husband, committed adultery or had regular sexual intercourse with such other person, such other spouse may enter an action for divorce;
(2) one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
- to be seriously ashamed;
- to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
- to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration;
the latter may enter a claim for divorce;
(3) one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
(4) one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
(4/1) one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
(4/2) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
(5) one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
(6) one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
(7) one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
(8) one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
(9) one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
(10) one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
2. Involvement of the Children towards the Divorce Process
Divorce can be a traumatic experience not just for the spouses but also for the children as well, but research suggests that most children adjust well within two years following the divorce; on the other hand, children often experience more problems when parents remain in high-conflict marriages instead of splitting up. During a divorce, parents can do a lot to ease the child’s transition. Do your best to keep any conflict away from the kids. Ongoing parental conflict increases kids’ risk of psychological and social problems.
It’s often helpful for divorcing parents to come up with a plan and present it to their children together. And, keep the lines of communication open. Kids benefit from having honest conversations about the changes their family is experiencing.
In many cases, sudden change can be hard on children. If appropriate, give them a few weeks’ notice before moving them to a new home, or before one spouse moves out. It can be helpful to minimize changes as much as possible in the months and years following a divorce.
Kids do better when they maintain close contact with both parents. Research suggests that kids who have a poor relationship with one or both parents may have a harder time dealing with family upheaval. Parent education programs that focus on improving the relationship between parents and their kids have been shown to help children cope better in the months and years following the divorce.
3. Prioritize your health during and after the Divorce Process
The changes brought on by separation and divorce can be overwhelming. But now more than ever, it’s important to take care of yourself. Do not put yourself at risk, here at Siam Attorney, we also think about our client’s well-being. We suggest that you tap into your support network, turning to family and friends for assistance and comfort. Formal support groups can also help you cope with the many emotions of a marriage ending. To stay positive as you start a new chapter, try getting involved in activities you used to love but haven’t done in a while. Or try new hobbies and activities. Stay physically healthy by eating right and getting exercise.
4. Seek for Professional Support
Divorce is a difficult time for the entire family. Divorcing spouses and their children can benefit from speaking to a psychologist to help them deal with their emotions and adjust to the changes. Psychologists can also help you think carefully about what went wrong in your marriage so you can avoid repeating any negative patterns in your next relationship.
5. Siam Attorney is here to help
Our aim here at Siam Attorney is to help you achieve the outcome you are looking for, whether that is more time with your precious children, a better share of the matrimonial assets, we know how to maximize the outcome for you. Let find the best grounds for divorce in Thailand for your case and then start!
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