Divorce - Proving Adultery

[PMK]

Can someone post the link to statutes regarding grounds for divorce?

I know that adultery is one, but in Thailand how does one go about proving it? Say a spouse had stopped living in the familial house and was living with another guy (allegedly gay) for six months, would the courts accept that as de facto proof of adultery?

[theoldgit]

Think this might be what you are looking for, good luck.

http://www.thaivisa.com/forum/post-a87458-...ivorce.pdf.html

[Mario2008]

Moved to family section.

[Mario2008]

There are 2 ways of divorcing:

1. at the amphur, when both parties agree. At such time you can also enter any agreement you make about the divorce and property.

2. Going to court, which indeed can only be done on the grounds provided by law. Adultry being one of them.

In the pinned topic about Thai family law you can find the law itself and a good article about divorcing in Thailand:

http://www.thaivisa.com/forum/Thai-Family-Law-t313877.html

What is enough as proof is better for a lawyer to answer and would also depend on the specifics. If the wife agrees, the best way forward is to divorce at the amphur.

[tripplejjj]

Say a spouse had stopped living in the familial house and was living with another guy (allegedly gay) for six months, would the courts accept that as de facto proof of adultery?

Ask yourself this, if you moved out of your house to live with your brother or sister or father or mother or friends, would the courts accept this as de facto proof of adultery?

"Adultery originally referred more specifically to sex between a woman who was married and a person other than her spouse."

To proof that your wife had committed adultery, you need to show pictures or videos of her engaging in sexual activities with another person other than you.

Or she admitted to committing adultery.

[gregb]

My sister in law successfully divorced her British husband who did not want to get divorced on the grounds of adultery. They eventually did it at the ampur, but only after she had built an iron clad case for the courts. Luckily, new revisions in the law allow treat men and women under similar rules. He did not want to divorce her because he didn't have 800k baht for his visa requirements.

She actually had to sneak back in to their old house at night and snap photos of the 2 of them lying naked in bed together. Nothing short of that would be acceptable proof. She then ran out quickly while he was busy trying to get his pants on. Luckily, he was too foolish to change the locks. The lawyer would have preferred a video showing actual coitus, but she agreed that just the stills were probably sufficient as they were living together in the marital abode. The court is traditionally less sympathetic if the guy is just out enjoying a quickie at the massage joint down the street, and before the recent rule change such indiscretions would not even be valid reasons for divorce if committed by the husband.

This was all done on the advice of the lawyer. Proving adultery is not easy. No, just moving out and living with someone else male or female is not sufficient. Being seen together holding hands or kissing in public is not sufficient. You need some very serious evidence. If you can't get it, your only option is to wait 3 years and then file based on abandonment. Much easier case.

Otherwise, keep negotiating. Threaten him with private investigators, making life difficult at every turn, lying about the law and trying to scare him, etc. etc. Try to get a settlement and do it at the ampur.

[Dakhar]

Yea, my wife was spending the night at her boy friends house, and the atorney I spoke with said that is not enough evidence for an adultery case. The only way to file based on adultrery is if the wife was to admit to it, sign a document, and the case would then go to pre-trial. If her lawyer stated that at that point in time, that my wife also wants a divorce, then and we had made an agreement of the division of property previous to the pre trial, then the agreement would be presented and the case would be finished... no ugly trial etc etc

BUT, here is the catch, the spouse could actually lie and tell u that he or she wants to claim to aslo want the divorce and at the time of pre trial,

but at the time of the pre trial, they do not agree to a divorce based upon previous terms... in fact the spouse may state they want more money and that u have hidden assets etc etc etc

In other words, the spouse may just make u complacent, by acting docile, and then at the pre trial, hammer you to the floor.

So, it is in my opinion that you never let your situation get to pre trial or trial level. Just have it handeld at the amphor.

Not only that, I think the court gets a 2% tax (maybe more) on all property settled.

So again, get the divorce done at the amphor like all the locals, because it sounds to me, to be the best option

Good luck to us all