Nobody wants a Contested divorce in Thailand. There are two types of divorce in Thailand and there is an article on this on this website. Also see the full articles on the divorce process. A contested divorce in Thailand is sought when both spouses cannot come up with a divorce agreement on terminating their marriage. This would result to court intervention. The spouse seeking for a divorce must provide evidence that any of the grounds stated in Section 1516 of the CCCT is in existence.

Contested divorce in ThailandContested divorce in Thailand

Such grounds for Divorce include:

  • Adultery
  • The husband has been giving out maintenance and honor to another woman as his wife, or vice versa;
  • Gross misconduct

One spouse has been found guilty of disorderly conduct, may it be a criminal offence or not, as long as it causes the other spouse:

  • Serious shaming;
  • Grave insult or hate implying the discontinuance of the spouse;
  • Excessive injury or trouble;
  • Cruelty
  • Serious harm or torture has been inflicted physically or mentally to the other spouse, or has seriously insulted the other and their ascendants;
  • Abandonment
  • One of the spouses left the other for more than a year;

o   Can be caused by the spouse being sentenced by the court and incarcerated for more than a year in an offence committed without the consent, participation and knowledge of the other spouse, and living together would just cause injury or serious trouble to the other;

o   Both spouses voluntarily live in separate homes due to inability to cohabit in a peaceful manner for more than three years, or have been living separately for more than three years by order of the court;

Disappearance

  • One of the spouses has disappeared, and or left his or her house for more than three years and is not certain whether the spouse is still alive;

Non-Support

  • One of the spouses has failed to provide proper financial support to the other, or has committed actions damaging the relationship of being husband and wife to the point that the other has been suffering excess trouble, making cohabitation as husband and wife become questionable;

 Insanity

  • One of the spouses has been deemed as an insane person for more than three years continuously, and such insanity has been found incurable making the continuance of the marriage impossible;

Violation of bond for Good Behaviour

  • One of the spouses has breached a bond of good behaviour imposed by him or her;

Communicable disease

  • One of the spouses has been suffering an incurable and contagious disease that may cause harm to the other;
  • One of the spouses has a physical disadvantage that makes it permanently impossible to cohabit as husband and wife;

A contested divorce is effective right on the day of the final judgement of the case, but this will not affect any legal rights until the registration of the said divorce is made. Speak to a divorce lawyer in Thailand. Always take proper legal advice when it comes to a contested divorce in Thailand.

 

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