Divorce and adultery lawsuits involve the dissolution of a marriage and the claim for damages against a third party who has interfered in a marital relationship. To effectively protect your legal rights, it is essential to understand key aspects such as marital property, separate property, child custody, and compensation claims arising from adultery cases. This article will provide an overview of the crucial legal points you should be aware of.

Divorce Lawsuits:
A divorce lawsuit is a legal proceeding aimed at terminating the marital relationship between spouses. It primarily focuses on divorce entitlement, division of marital property, and child custody arrangements.

Adultery Lawsuits:
An adultery lawsuit is a legal action against a third party (the adulterer) who has engaged in an intimate relationship with a spouse, seeking compensation for damages caused by the destruction of the marital relationship.

Legal Grounds for Divorce Under Thai Law:
Under Thai law, a spouse may file for divorce in court to legally dissolve the marriage. The Civil and Commercial Code, Section 1516, outlines the legal grounds for divorce, covering various circumstances, including but not limited to the following:

1. Adultery or Infidelity

If a spouse engages in an extramarital affair or exhibits behavior indicative of infidelity—such as sharing assets with an outside individual in a romantic or intimate manner—the affected spouse may file for divorce. Evidence such as photographs or messages can substantiate the claim.

2. Physical or Emotional Abuse

Acts of physical violence or emotional abuse—such as assault, verbal insults, or actions causing significant psychological distress—constitute valid grounds for divorce. Such behavior endangers the well-being of the affected spouse and justifies legal separation.

3. Neglect of Marital Duties

When one spouse fails to fulfill their marital obligations—such as neglecting family care, failing to provide financial support, or abandoning parental responsibilities—the other spouse may bear an undue burden alone, providing grounds for divorce.

4. Immoral or Illegal Actions

Engaging in illegal activities or behavior that violates societal norms and morals, such as committing crimes, substance abuse, or involvement in criminal enterprises, can undermine the marital relationship and serve as grounds for divorce.

If you have legally recognized grounds for divorce, consulting an experienced attorney can help you gather evidence and proceed with the legal process appropriately. Additionally, a lawyer can assist with the division of marital assets, child custody arrangements, and the effective resolution of disputes.

Understanding the Difference Between Marital and Personal Property

1. Marital Property

Marital property refers to assets acquired by either spouse during the course of the marriage. Under Thai law, marital property is typically divided equally between spouses in the event of a divorce.

Examples of Marital Property:

• Income earned by either spouse during the marriage
• Assets jointly acquired during the marriage, such as a house, car, or land
• Dividends, interest, or any financial gains derived from marital property

Division of Marital Property:

In the case of a divorce, the court generally ensures an equal division of marital property between both spouses unless there is a specific agreement in place, such as a prenuptial agreement, which may outline different terms for asset distribution.

2. Personal Property

Personal property refers to assets that belong exclusively to one spouse, either because they were acquired before marriage or were received under special circumstances. These assets are not subject to division in a divorce.

Examples of Personal Property:

• Property owned by one spouse before marriage, such as a house or land purchased prior to registration of marriage
• Inherited assets received from family members
• Gifts specifically given to one spouse from an external party

Protection of Personal Property:

Thai law protects personal property, ensuring that it remains the exclusive possession of its original owner even after a divorce. However, if personal property is co-mingled with marital property—for instance, if an inheritance is used to purchase a house during the marriage—that asset may be classified as marital property and subject to division.

Rights Concerning Child Custody in Divorce Cases

1. Primary Custody Rights (Custody)

Primary custody refers to the right granted to one parent to have full responsibility for the child’s daily life and to make significant decisions regarding their welfare, including education, healthcare, and general upbringing.

Determining the Custodial Parent:

The court considers several factors when deciding which parent should have primary custody, such as:

• Financial stability and the ability to provide for the child
• Emotional and relational bond between the parent and child
• Living environment and overall suitability for raising the child

Joint Custody:

In some cases, the court may grant joint custody if both parents can cooperate effectively in raising the child and if it is deemed beneficial to the child’s well-being.

Revoking Custody Rights:

If one parent exhibits inappropriate behavior, such as domestic violence or neglect, the court may award sole custody to the other parent.

2. Child Support

The non-custodial parent is required to pay child support to help cover the costs of raising the child.

Expenses Covered by Child Support:

• Education expenses (school fees, tutoring, books)
• Medical expenses (healthcare, insurance)
• Daily living costs (food, clothing, shelter)

Determining the Child Support Amount:

The court considers:

• The income and financial ability of the non-custodial parent
• The child’s needs and standard of living before the divorce
• The financial disparity between both parentsIf the non-custodial parent has a high income, the court may set a child support amount that reflects their financial capacity.

3. Court Considerations for Child Custody Decisions

The court bases custody decisions on the best interests of the child, considering:

Parental Relationship with the Child:

The parent who has a stronger emotional bond and a history of active involvement in the child’s life may be favored.

Financial Stability:

The court evaluates which parent has the financial means to provide a secure and stable life for the child.

Living Environment:

The suitability of the home environment, including housing conditions and support from extended family, is considered.

Child’s Preferences:

If the child is mature enough, the court may take their preferences into account.

Right to Claim Damages in an Adultery Lawsuit

1. Who Has the Right to Sue for Adultery?

Legally Married Spouses:

Only legally married spouses, who have registered their marriage, have the right to file an adultery lawsuit. Unregistered cohabitation does not grant legal standing to sue.

The Affected Party:

The spouse who has suffered emotional distress and family disruption due to the adulterous affair may file a claim.

2. Types of Damages That Can Be Claimed

The injured spouse may seek compensation for various forms of damages, including:

Emotional Distress:

• Compensation for the mental pain caused by the betrayal and the destruction of the marital relationship.

Reputational Damage:

• If the adultery leads to public humiliation or social stigma, damages may be awarded to restore the injured spouse’s reputation.

Legal and Litigation Costs:

• Compensation for attorney fees, evidence collection costs, and court fees related to the lawsuit.

The court will assess the severity of the damages and may adjust the compensation accordingly.

3. Necessary Evidence for an Adultery Lawsuit

Strong evidence is required to prove an extramarital affair. The following types of evidence are commonly used:

Communication Records:

• Text messages, emails, or call logs that indicate an inappropriate relationship.

Photographic or Video Evidence:

• Images or videos showing romantic involvement between the spouse and the third party.

Witness Testimonies:

• Statements from individuals (e.g., neighbors, family members) who can confirm the affair.

Marriage Certificate:

• Proof of legal marriage registration to establish the spouse’s right to sue.

Observational Evidence of Intimacy:

• Witness accounts or surveillance evidence demonstrating close and affectionate interactions between the spouse and the alleged third party.

Divorce and Adultery Lawsuits: Protecting Your Rights.Filing for divorce and pursuing an adultery lawsuit are legal processes that can have profound emotional and financial impacts. Understanding your legal rights enables you to safeguard your interests and make well-informed decisions.

Let Trinity & Co Legal Guide You Through Every Step

If you are facing family relationship issues or complex legal disputes, Trinity & Co Legal is here to provide comprehensive legal consultation and representation. Our team of highly skilled and experienced attorneys is dedicated to guiding you through the legal process with professionalism, understanding, and expertise.

 

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