Best Divorce & Separation Lawyers in Chiang Mai
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List of the best lawyers in Chiang Mai, Thailand
Aphiwat Bualoi Law Office
Free Consultation: 1 hour
Lanna Lawyers
Chartdee & Banning Lawfirm
SMT Law Firm
Legal & Business Consultancy in Chiang Mai [LBC CHIANGMAI]
Thai Lanna Law Office
CNX Legal Consultant
Thailand Divorce & Separation Legal Questions answered by Lawyers
Browse our 9 legal questions about Divorce & Separation in Thailand and the lawyer answers, or ask your own questions for free.
- How can I get a divorce in Thailand?
- There are two types of divorce in Thailand, a contested divorce is when one or both parties do not agree on parts of the separation, such as custody rights or marital property, or in the case when one spouse is not willing to divorce, a contested divorce can be very costly. An uncontested divorce is less costly and usually results in a mutual agreement. It is recommended to consult with a lawyer in Thailand who specialises in divorce law for legal counsel before signing any agreement related to your divorce in Thailand.
- When is an uncontested divorce in Thailand usually recommended?
- An uncontested divorce is usually preferred if both parties agree on a divorce and have no disagreement about marital property sharing and/or child custody.
- What must a divorce agreement in Thailand contain?
- The agreement must include the terms the parties will live by after the divorce is decreed. Provisions on sharing of marital property, custody of children, alimony and child support must be clearly defined in the divorce agreement.
About Divorce & Separation in Chiang Mai, Thailand:
In Chiang Mai, as in the rest of Thailand, divorce can either be contested or uncontested. In an uncontested divorce, both parties reach an agreement on the division of assets, child custody, alimony, etc., and simply need the court's approval. This process is often quicker and less expensive. A contested divorce, where the parties cannot agree, requires the court to decide on these issues. The process can be more complex, requiring legal representation and potentially taking years to resolve.
Why You May Need a Lawyer:
Even in the case of an uncontested divorce, seeking legal advice is beneficial to ensure fair division of assets and to avoid potential legal pitfalls. Lawyers can provide valuable advice regarding child custody, alimony, and ensuring your rights are protected. In contested divorces, representation by a proficient lawyer is crucial for the legal proceedings, which can be intricate and challenging for individuals unfamiliar with Thai family law.
Local Laws Overview:
Thai laws consider assets and properties acquired during the marriage as jointly owned, and so they would typically be split equally during a divorce. However, properties or assets owned prior to marriage would usually remain with the original owner. Child custody is generally granted to the parent who can provide the best environment for the child, considering financial stability, mental health, lifestyle, etc. Alimony or maintenance can be ordered by the court if it deems it necessary for either spouse.
Frequently Asked Questions:
Can foreigners divorce in Chiang Mai? Foreigners can get divorced in Chiang Mai if they were married in Thailand or if one spouse resides in Thailand. The intricacies involved in such cases make hiring a lawyer even more essential.
How long does a divorce proceeding take? The duration varies; an uncontested divorce can take a few weeks, while a contested one can take years. It ultimately depends on the complexity of the case and how quickly the parties can come to an agreement.
Who gets custody of children? Thai courts generally favor the mother, but the paramount consideration is the child's best interest. The court takes into account each parent's living situation, income, and ability to provide for the child's needs.
Additional Resources:
The Chiang Mai Family Court is helpful for understanding family laws and divorce procedures. You can also seek advice from legal clinics in local universities or visit local non-profit organizations that provide legal aid.
Next Steps:
If you're seeking legal assistance in divorce, start by finding a reliable and experienced lawyer specializing in family law. Be prepared with all necessary documents like marriage certificates, list of assets, etc. It's important to openly discuss your situation and what you hope to achieve from the divorce or separation with your lawyer. This gives them the information they need to protect your interests and rights effectively.
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.