Filing a Divorce in Thailand
Before filing a divorce in Thailand, you should know the basics about what constitutes an uncontested and contested divorce. Read this article to understand the differences between uncontested and contested divorces, as well as tips on hiring a divorce lawyer in Thailand. You'll also learn the difference between divorce in Thailand and divorce in other countries. To make the process easier, follow these steps:
What is Contested Divorce
Thai law recognizes two ways to end a marriage: mutual consent and legal grounds. If the couple cannot agree on the terms of their divorce, they may choose to go through a contested divorce process. In contested divorces, only one party can file for divorce and state the grounds for it. This is a relatively easy process that can be completed in as little as one month. When the couple decides to separate, they must both be physically present at the court hearing.
When you are seeking a contested divorce in Thailand, you should have the support of a good Thai attorney. Thai divorce lawyers can weigh and balance evidence to prove your claims against your spouse. In contested divorces, the evidence must be strong enough to hold up even if the other party admits to willful misconduct. These cases can be lengthy and expensive. If you have children or a property that is subject to division, you may want to consider going this route.
What is Uncontested Divorce
In Thailand, an uncontested divorce can occur if both parties to the marriage agree to it. This type of divorce can also be referred to as a "mutual consent divorce". This means that both the husband and wife agree to end the marriage. To file for this type of divorce, couples must first register the divorce with the district office where the marriage was registered, or the province where the couple currently resides. They must present certain documents like the marriage certificate and Thai national id to the officer. Then, they will file a marriage-related settlement with the register office officer.
In Thailand, couples usually opt for an uncontested divorce because they do not want to cause more conflict between the spouses or the families. Generally, the Thais will settle their disputes regarding child custody and marital property privately, and they will only consult a divorce lawyer if the compromise is impossible. When they are done, they will register the divorce agreement in the District Office "Amphur", the Thai equivalent of a local court.
Grounds for Divorce in Thailand
There are 10 grounds for divorce in Thailand. Divorce is a common form of emancipation and is available to both spouses. Thai law states that a wife can file for divorce on the grounds of adultery or infidelity. Although divorce in Thailand is a straightforward process, there are some points you need to be aware of before proceeding. For instance, you can't divorce your wife for not loving her, and vice versa. To prove these points, you need to present personal witnesses and evidence.
Some of the other grounds for divorce include serious insults to an innocent spouse or his/her children. A spouse must respect his or her children and their parents as respect is a virtue in Thai culture. In addition, an individual may be declared despicable if the other spouse refuses to respect him/her. In addition, abandonment refers to a spouse who has left the family home without consent and does not want to continue family life with the deserted spouse.
Hiring a Divorce Lawyer in Thailand
If you are planning on filing for a divorce in Thailand, you should consider hiring a lawyer. Thai divorce laws require you to prove that the grounds for divorce are legitimate. In some instances, the grounds for divorce may be more difficult to prove. In such cases, it is essential to hire a Thai family lawyer to assist you. If you are planning to divorce your Thai partner, the following tips may help you avoid a lengthy, expensive court battle.
First, know the differences between a contested and uncontested divorce. There are two types of divorce in Thailand: administrative and court. Administrative divorces require less paperwork and are easier to obtain. However, a contested divorce requires a judge and involves trial procedures. Moreover, these divorces are known to be more expensive and complicated. A Thailand divorce lawyer can help you navigate the legal aspects of these types of divorce.