Having a divorce in Thailand is possible. Only both parties of the divorce must consult with their respective Thai attorneys to ensure their complete understanding of the types of divorce available, on how the process works and if the dissolution of marriage in the Kingdom is recognized in his home country or not if ever one party is a foreigner.
Types of Divorce
Contested Divorce – this type of divorce need one or both parties to have grounds to end their marriage. Also known as judicial divorce, it involves the court to decide whether the stated grounds for the application has satisfied the requirements set forth by the Thai applicable law.
The following are the acceptable grounds in a contested divorce:
- One party has a handicap that makes cohabitation as husband and wife permanently impossible.
- One party has an incurable, contagious and serious disease that has the potential to cause injury to the other.
- One party has a serious mental illness for the past three years.
- One party has a failure in providing due support to the other that cohabitation as husband and wife is not possible.
- One party has deserted the other for at least a year.
- One party has caused physical or psychological harm unto the other.
- One party has caused serious insult to the parents of the other.
- If adultery has been committed.
Uncontested Divorce – also often referred to as Administrative Divorce. Divorcing parties are not required to have grounds for their application to dissolve their marriage. Here, both parties simply have to be present when applying to end their marriage at a local register.
To compare, the uncontested divorce is rather straightforward and less costly than the contested divorce. It is less emotionally and physically draining too or if it the separation and dissolution of marriage involving children, it is not as traumatic as the contested divorce where they may witness their parents presenting evidence to discredit each other.
To complete the process, the divorce must be registered otherwise it is not enforceable.
Divorce and Nationalities
Both parties are Thai – generally, Thais shy away from causing more conflict between them and that of their families thus they opted to have an uncontested divorce. Often, they settle issues on properties and children without the involvement of a lawyer.
Thai and a Foreigner – there are countries around the world that do not recognize administrative divorce. To make sure, the foreigner must consult with his lawyer to ensure that his divorce is recognized in his home country and that whatever settlement they will reach with his soon-to-be ex-spouse, his interests and rights are affirmed.
Both parties are Foreigners – like the previous one, both parties must consult with their lawyers to ensure recognition of their divorce in Thailand.
Thai Divorce Lawyer
Legal documents and court proceedings utilize the Thai language and so it is only imperative if the services of a lawyer are solicited. This ensures a thorough understanding of the agreements and the divorce process itself.