Getting divorced in Thailand can be a headache and typically involves several legal steps and requirements. But if you know the process from start to finish, which we will cover in this guide, then getting a divorce from your spouse in Thailand shouldn’t be a problem.

That said, we recommend using a reputable Thai lawyer who specializes in Thai family law to help expedite the process and ensure there are no hiccups along the way.

Thai family law lays out two ways to get divorced, depending on whether a divorce is consensual or contested, which we will explain below:

Contested Divorce in Thailand

If you want to get a contested divorce in Thailand (where your spouse doesn’t agree to the divorce), you first need to consider whether the reason for your divorce falls under the legal grounds for divorce in Thailand.

Thai law only recognizes one ground for divorce: the “irretrievable breakdown of the marriage.” In other words, no-fault divorces are still not legal in Thailand, meaning a spouse must provide valid grounds for divorce in Thai court to have their marriage legally dissolved if it’s a contested divorce.

What are the grounds for divorce in Thailand?

The grounds for a legal divorce in Thailand, categorized as the “irretrievable breakdown of the marriage,” include:

1. Adultery
2. Desertion for more than one year
3. One spouse being imprisoned for more than a year
4. One spouse suffering from a communicable and dangerous disease for three consecutive years
5. One spouse has caused serious harm or torture to the other
6. One spouse has behaved in a manner incompatible with married life
7. One spouse has been absent for more than three years without communication
8. One spouse has failed to provide maintenance or support

To clarify, unlike in most Western nations, you can’t get a divorce in Thailand if one party is unhappy and wants to end the marriage unilaterally. There must be a legally valid reason for the divorce, meaning that one spouse must prove that the other spouse is at fault in court.

‘Uncontested’ or ‘Administrative’ Divorce in Thailand

However, getting a divorce in Thailand is very easy if both parties are in agreement to end the marriage. This is called an “uncontested” divorce, doesn’t require any grounds for divorce, and can be done at a local district office.

Here are a few things that a required for an uncontested divorce in Thailand:

• Mutual consent: Both spouses must agree on all of the divorce terms (asset division, child custody, alimony, etc.)
• Registration at an administrative office: The marriage must be annulled at the same local administrative office where the marriage was originally registered.
• No court proceedings: Unlike a contested marriage, there is no need to go to court to prove any divorce grounds.

What are the requirements for getting divorced in Thailand?

As we mentioned above, getting a divorce in Thailand is very simple as long as both parties agree to the divorce and its terms. However, if one party doesn’t agree, then the divorce must go to court, where a proper ground for divorce will be determined legitimate or not by the judge.

Here’s a detailed breakdown of the process for contested divorces in Thailand:

1. Residency Requirement

Can foreigners get a divorce in Thailand? We hear this question a lot. In short, yes. But either the petitioner or the respondent must have been a resident of Thailand for at least one year before filing for divorce.

2. Jurisdiction

The divorce petition must be filed in the Thai courts in the jurisdiction where either the petitioner or the respondent resides.

3. Filing of the Divorce Petition

The divorce petition must be filed by either the petitioner or the respondent and must include the grounds for divorce and relevant supporting evidence.

4. Mediation

In some cases, the Thai court may require the parties to attend mediation to try and resolve their differences before proceeding with the divorce.

5. Judgment

If mediation is unsuccessful, the next part of the divorce process in Thailand is the court hearing the case and making a judgment on the divorce.

6. Division of Property

The court will also make a ruling on the division of the separating spouses’ property, assets, and debts.

7. Child custody and Support

If children are involved, the court will rule on child custody and child support.

How do I file for a divorce in Thailand?

Under Thai divorce law, there are two types of divorce in Thailand: uncontested and contested.

The process is much easier and less costly when both spouses agree to split (uncontested divorce). In this case, both spouses simply go to a local registration office together and apply for the divorce, which is typically referred to as an administrative divorce.

When the divorce is contested, then the process gets much trickier. In this situation, the divorce case will go to the courts, which will settle it, incurring more costs for both parties. This is known as a court divorce.

Do I need a lawyer for a divorce in Thailand?

As you can see, the divorce process in Thailand isn’t too complex to understand or navigate. However, the legal procedures involved can still be time-consuming and especially difficult for foreigners who can’t speak Thai.

That’s why we always recommend that foreigners getting divorced seek assistance from a reputable Thai law firm. Their experience can streamline the divorce process in Thailand.