Getting a divorce in Thailand can be a tricky process and typically involves several legal steps. But if you know the legal requirements from start to finish, getting a divorce from your spouse in Thailand shouldn’t be a huge issue.

Still, we recommend using a reputable Thailand lawyer who specializes in Thai family law to help expedite the process and make sure there are no hiccups along the way.

What are the grounds for divorce in Thailand?

It is important to note that Thai divorce law recognizes only one ground for divorce: the irretrievable breakdown of the marriage. In other words, no-fault divorces are still not legal in Thailand, meaning both spouses must provide valid grounds for divorce in Thai court in order to have their marriage legally dissolved.

The grounds for a legal divorce in Thailand 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

What are the requirements for getting divorced in Thailand?

1. Residency Requirement

Can foreigners get divorced in Thailand? This is a question we hear a lot. In short, yes. But either the petitioner or the respondent must be 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 property, assets, and debts of the separating spouses.

7. Child custody and Support

If there are children involved, the court will make a ruling 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 divorce and contested divorce.

When both spouses agree to split (uncontested divorce), the process is much easier and less costly. Both spouses simply go to a local registration office together and apply for the divorce. This 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 a divorce seek assistance from a reputable Thai law firm. Their experience can really help foreigners get through the divorce process in Thailand in a streamlined manner.