Best Divorce & Separation Lawyers in Nonthaburi

About Divorce & Separation in Nonthaburi, Thailand:

Divorce and separation in Nonthaburi, Thailand can be a complex process, demanding from both parties the understanding of nuances of Thai legislation on this matter. In Thailand, there are two types of divorce: uncontested divorce, which is a mutual agreement, and contested divorce, where there are disputes over issues such as child custody or property division. Recognizing and navigating the difference between these forms of divorce can be a challenging task.

Why You May Need a Lawyer:

Having a lawyer is essential in any divorce case in Nonthaburi, Thailand regardless of whether the divorce is contested or uncontested. In an uncontested divorce, proceedings can usually move more easily. However, legal advice is still needed to ensure that all documentation is correctly managed and filings are properly submitted, avoiding potential pitfalls and delays. A lawyer becomes indispensable in a contested divorce where parties cannot agree on the resolution of issues. These disagreements often concern allocation of assets, child custody, and alimony, and can get quite complicated without professional help.

Local Laws Overview:

In Nonthaburi or anywhere in Thailand, Civil and Commercial Code highlights the provisions for marriage, divorce, and separation. For instance, a lawful ground for the Court to grant a divorce is if one spouse has behaved improperly such as committing adultery, being abusive or causing serious harm, or neglecting of duty to provide for the family. Division of property in the event of divorce follows Thai laws regardless of the nationality of each spouse. If an international or a prenuptial agreement is involved, navigating such a case requires specific knowledge of Thai law.

Frequently Asked Questions:

1. Can foreigners get divorced in Thailand? Yes, foreigners can get divorced in Thailand, provided they properly registered their marriage in Thailand or alternatively, if their home country recognizes their right to get divorced.

2. How is property divided in a divorce? Property in Thailand is usually divided according to its classification as either Sin Suan Tua (personal property) or Sin Som Rot (marital property). Sin Suan Tua is not divided, while Sin Som Rot is generally divided equally. However, precise division can depend on the details of the case and requires expert advice.

3. What about child custody? Generally, the parents decide together about child custody arrangements in an uncontested divorce. In a contested divorce, the Court considers the happiness and interest of the child above all, and grants custody accordingly.

4. What is the legal process of an uncontested divorce? For an uncontested divorce, both spouses must agree on the divorce and all related matters. Then paperwork should be filed at the district office where the marriage was registered.

5. How long does a divorce process take in Thailand? The duration of the divorce process in Thailand varies greatly. An uncontested divorce could be completed within a day if all papers are in order, whereas a contested divorce can take years to complete.

Additional Resources:

The Royal Thai Government Gazette and the Office of the Judiciary of Thailand have publications and resources that provide insights into Thai legal statutes including family law. For general information, websites of Thailand-based law firms often hold informational articles. Moreover, non-profit organizations such as Women's Advocacy Center offer services for those needing advice and support throughout divorce and separation proceedings.

Next Steps:

If you need legal assistance with your divorce or separation in Nonthaburi, Thailand, it is recommended to find a reputable local lawyer who specialises in family law. Start by contacting and scheduling consultations with potential legal advisors to discuss your case. Always ensure you understand legal fees and services provided before making any commitments.