Divorce is a difficult process to undergo in Thailand just like in every other country. Not only are divorce cases legally complicated, but they also include the emotions of the families involved in such cases, especially if the divorcing spouses have children. If you want to get divorced from your spouse in Thailand, and are confused what to do first, then the best thing to do is seek the legal advice of our experienced divorce lawyers. We have a dedicated team of divorce lawyers in our Thailand office that will assist you in every stage of your divorce, and help you get the best remedies available.
Different types of divorce in Thailand
In order to initiate a divorce in Thailand, the most important thing that you need to know about is the different types of divorce that are valid in Thailand.
- Administrative divorce
- Court divorce
- Sharia law divorce
- Divorces that take place abroad through Thailand embassies
If both you and your spouse live in Thailand, and your marriage was registered here, then you can file for an administrative divorce in case both of you consent to the divorce. Furthermore, if only one of the spouses resides in Thailand, then the best option available for you is a court divorce in which your divorce case will be depending on certain lawful grounds for divorce. A court divorce is also known as a “contested divorce”. Only an experienced divorce lawyer in Thailand can help you in identifying the best option and grounds for your divorce.
Grounds for divorce in Thailand
Grounds for divorce are known as the reasons why one of the spouses wants to terminate the marriage with the other spouse. There are twelve valid grounds under Thailand law, and the following are some of them:
- If one of the spouses commits adultery or has regular sexual intercourse with another person or deems someone else as their husband or wife.
- If one of the spouses is guilty of committing a crime that caused physical or psychological harm to another.
- If one of the spouses caused serious harm to the body or mind of the other spouse or to his or her parents.
- If one of the spouses has deserted the other spouse for more than one year.
- If one of the spouses fails to provide proper maintenance to the other.
- If one of the spouses is diagnosed with incurable insanity for more than three years.
- If one of the spouses left the marital house for a period of more than three years.
- If one of the spouses fails to behave in a good manner with others.
- If one of the spouses has a physical disability which restricts him or her to cohabit with the other spouse in a normal matter.
- If one of the spouses has been suffering from a dangerous disease that can be transferred to the other easily and is likely to cause harm to the other.
Claims in a Divorce Case
If you have a contested divorce case, and you want to pursue court divorce, then you need to finalize your claims in divorce along with the grounds on which you are going to file your case. The following are some important claims that you should definitely consider when filing for divorce in a Thailand court:
Child Custody
When it comes to divorce, child custody is the most disputed factor. Both the divorcing spouses try to get the full and sole custody of the child, while the other would get the visiting rights of the child/children. So, if you want to terminate the other party’s right to child custody and want to get the full custody of your child then reach out to our divorce lawyers in Thailand.
Child Support
Even though the spouses are terminating their marriage by getting divorced, but it does not mean that their relationship with children would also end. Both the mother and father of the child would still be responsible for the upbringing and support of the child equally. So, if your divorcing spouse is declining to offer child support, then you can file a claim in the court regarding this along with your divorce case.
Common Property
Another point of dispute that arises between divorcing spouses is the separation of assets and properties. Under the law of Thailand, all the assets that are received by a couple during the period of their marriage is known as common property, and it will be divided among the spouses equally irrespective of who received it during the marriage.
Compensation Against Adultery
A lot of times, adultery is the ground for a divorce. If your spouse committed adultery, then you can sue your husband or wife for adultery and claim for compensation. The amount you receive for compensation depends on your damages.
Contact our divorce lawyers in Thailand!
Our divorce lawyers have the necessary skills and experience in collecting the evidence and coming up with strong arguments to defend your case. Moreover, if your divorce case is to be decided through a settlement agreement, then our divorce lawyers will make sure that all your legal interests are catered to in a formal written agreement. Please get in touch with our divorce lawyers in Thailand immediately to finalize your divorce.