This type of divorce is a case where one of the spouses wants to divorce but others does not agree, the divorce proceedings must therefore be filed with the court with the grounds for divorce as follow;
- 1. the husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;
- 2. one spouse is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other:
- 1. to be seriously ashamed;
- 2. to be insulted of hated or account of continuance of being husband or wife of the spouse having committed the misconduct; or
- 3. to sustain excessive injury or trouble where the condition, position and cohabitation as husband and wife are taken into consideration; the latter may enter a claim for divorce;
- 3. one spouse has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants, the latter may enter a claim for divorce;
- 4. one spouse has deserted the other for more than one year, the latter may enter a claim for divorce;
- 1. (4/1) one spouse had been sentenced by a final judgment of the Court and has been imprisoned for more than one year in the offence committed without any participation, consent or in the knowledge of the other, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the latter may enter a claim for divorce;
- 2. (4/2) The husband and wife voluntarily live separately because of being unable to cohabit peacefully for more than three years, or live separately for more than three years by the order of the Court, either spouse may enter a claim for divorce;
- 5. one spouse has been adjudged to have disappeared, or as left his or her domicile or residence for more than three years and being uncertain whether he or she is living or dead;
- 6. one spouse has failed to give proper maintenance and support to the other, or committed acts seriously adverse to the relationship of husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taking into consideration, the latter may enter a claim for divorce;
- 7. one spouse has been an insane person for more than three years continuously and such insanity is hardly curable so that the continuance of marriage cannot be expected, the other may enter a claim for divorce;
- 8. one spouse has broken a bond of good behavior executed by him or her, the other spouse may enter a claim for divorce;
- 9. one spouse is suffering from a communicable and dangerous disease which is incurable and may cause injury to the other, the latter may file a claim for divorce;
- 10. one spouse has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other may enter a claim for divorce.
In addition, The suing spouse also has some legal rights to claim from the others, such as the right to recover compensation from the affair of his or her spouse or the ground for divorce under Clause 3.2 (3), (4), (8) due to the fault of the other party, the right to claim alimony because of the fault of their spouse and such divorce makes the other party poorer because they have no income from property or work that they have done during the marriage, this right is required by law to be sued or counterfiled in the case filed as well, otherwise the right is lost. The contested divorce shall be effective from the time the court renders a final judgment even if the divorce has not been registered.
Basically, for preparing for the divorce proceedings, you shall consult with a lawyer to guide how to proceed with the divorce in the court and the important evidence relating to the grounds of divorce before filing with the court. In case you reside in a foreign country, a lawyer can file for divorce with the court instead of you. However, you still need to come to court when the court considers divorce proceedings. Your spouse will receive a court summon regarding divorce proceedings. If your spouse does not respond to the summon within the stipulated time. The court will continue to pursue divorce proceedings as a default.
In case your spouse is a foreigner, you must consider the laws of the country applied at the time of marriage registration because in some countries, such as the United States, divorce shall be allowed by the court first.