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If your spouse refuses to give you a divorce or you cannot agree on the terms of settlement, you may go to court and obtain a divorce. Thai law requires that you establish grounds for a divorce before the court will grant the divorce.
Grounds for Divorce
Thai law set out the following grounds for a divorce:
- The husband has treated or honored another woman as his own wife, or the wife has committed adultery.
- One spouse has committed a criminal offence or a serious act of misconduct.[Thai law does not define misconduct, but acts that shame the other spouse or subject them to insults or ridicule will suffice]
- One spouse has harmed the other or suffers from mental illness.
- One spouse has deserted the other for one year or more.
- Either party has lived separately for three year or more.
- One spouse has disappeared for three year or more.
- There is a lack of marital support form the other.[Thai law requires both parties to the marriage to support the other to the extent they are able to. If one party does not, it is ground for divorce]
- One spouse has been declares insane for more than three years and is not curable.
- One spouse has broken the bond of good behavior.
- One spouse has an incurable disease that may affect the
- One spouse has a permanent physical handicap that makes it impossible to cohabit as husband and wife.
The process of petitioning the court for a divorce is complicated, so you will need to hire a lawyer. A lawyer can process the divorce in court and act on your behalf if you are living outside Thailand. To do so, you will need to provide him with a power of attorne
If you register your marriage in your home country, your divorce will need to take place there and will be processed according to the laws of your home country. You will need to consult with a lawyer from your home country to determine the steps necessary to get your divorce.
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