Contested Divorce in Thailand. Divorce is a complex and emotionally challenging process, and it can become even more intricate when it’s a contested divorce, where spouses are unable to agree on one or more key issues. In Thailand, the process of a contested divorce is governed by specific legal procedures and regulations. This article provides an overview of contested divorce in Thailand, exploring the legal framework and guiding you through the process.
What is a Contested Divorce?
In Thailand, a contested divorce is when spouses cannot agree on issues such as the division of marital property, child custody, child support, or alimony. In such a case, the divorce must be filed in the Thai courts, and a judge will make the final decisions on these issues.
Grounds for Contested Divorce in Thailand
According to the Thai Civil and Commercial Code, there are several grounds on which a contested divorce can be based. These include:
- Adultery
- One spouse has been guilty of misconduct, causing shame, insult, or hate to the other
- One spouse has caused serious harm or torture, either physically or mentally, to the other
- One spouse has deserted the other for over a year
- One spouse has been sentenced to imprisonment
- Lack of marital support
- One spouse has been declared insane
- One spouse has broken the bond of good behavior
- One spouse has an incurable and contagious disease
- One spouse has a physical disadvantage making it permanently impossible to cohabit as husband and wife
The Legal Procedure for Contested Divorce
In a contested divorce in Thailand, the spouses must go through the following legal procedures:
- Filing a Divorce Petition: The divorce process begins when one spouse files a divorce petition in the court. The petition should include the grounds for divorce and the issues that need to be resolved.
- Notification of the Other Spouse: Once the petition has been filed, the court will notify the other spouse, giving them a chance to respond to the allegations and claims made in the petition.
- Gathering of Evidence: Both spouses, usually through their lawyers, will collect evidence to support their claims. This could include financial records, text messages, emails, photographs, witness testimonies, and more.
- Trial: If the spouses are unable to reach an agreement, the case will go to trial. During the trial, each side will present their arguments and evidence to the judge.
- Judgment: After considering all evidence and testimonies, the judge will make a decision on the divorce and the related issues. The court’s judgment will then be registered at the local district office.
The Importance of Legal Representation
Given the complexity of contested divorces, having competent legal representation is crucial. An experienced lawyer can help navigate the intricate legal process, ensure your rights are protected, and advocate for your best interests.
Conclusion
A contested divorce in Thailand can be a stressful and challenging process. Understanding the legal procedures and the grounds for divorce can provide clarity and help manage expectations. Always remember to seek professional legal advice to help navigate this complex journey and to reach a resolution that respects your rights and interests.