Divorce Requirements

These are the divorce requirements in Thailand. If you are getting divorced in Thailand then you should speak to a divorce lawyer in Thailand who can provide you with proper legal advice as the divorce courts in Thailand are very slow and the process can be costly. Ending a marriage can occur either by the death of your spouse, an annulment or by divorce.

Divorce Requirements

Should your marriage end in divorce this can be either by mutual consent which is fast and not very costly. It may also end in litigation which is costly. Certain divorce requirements are needed. Likewise also see the divorce documents in Thailand as well as divorce requirements as well. In addition see the insanity and divorce as well as the divorce by mutual consent. The conditions for a divorce in Thailand is prescribed by the Civil and Commercial Code of Thailand and are listed as follows:

If one spouse has given maintenance to or honored such other as their spouse, has committed adultery. This or habitual sexual relations with other, the other spouse may enter a claim for divorce;

Main Reasons

One spouse is guilty of misconduct. Notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:

(a) To be seriously ashamed;

(b) Also to be insulted of hated or account of continuance of being husband. This or wife of the spouse having committed the misconduct;

(c) To sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife. These are taken into consideration; the latter may enter a claim for divorce;

One spouse has caused serious harm or torture to 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;

One spouse has deserted the other for more than one year, the latter may enter a claim for divorce;

(a) One spouse had been sentenced by 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;

(b) 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;

Divorce Requirements (less common)

If 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, the latter may enter a claim for divorce;

When one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband or 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;

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 latter may enter a claim for divorce;

When one spouse has broken a bond of good behavior by him or her, the other spouse may enter a claim for divorce;

Divorce Requirements (uncommon) 

One spouse is suffering from a communicable and dangerous disease which is incurable. This may cause injury to the other, the latter may enter a claim for divorce;

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.

Note however that there are also legal defences for most of these grounds for divorce. You need to read the page of defending a divorce in Thailand. There are the more common defences against adulatory where consent was given. This or there is no proof for spousal abuse and criminal charges had never been laid. Speak to a divorce lawyer in Thailand for more information and guidance about the divorce requirements.