A Thai divorce is uncontested when both spouses sign a divorce agreement and register it at a district office. It is contested when one spouse refuses or terms cannot be agreed; then you must go to court and prove a ground listed in Section 1516 of the Civil and Commercial Code.
What is the difference between an uncontested and a contested divorce in Thailand?
The difference is whether you need a judge. An uncontested divorce is an administrative act; a contested divorce is litigation, with evidence, witnesses and a judgment.
| Point | Uncontested (by consent) | Contested (by court) |
|---|---|---|
| Legal basis | Sections 1514 and 1515: written agreement, two witnesses, registration | Sections 1514 and 1516: a court judgment on a recognised ground |
| Need to prove fault or a ground | No | Yes |
| Other spouse's cooperation | Essential, including attending in person | Not needed; the case can proceed if the defendant does not appear, but you must still prove your case |
| Children, support, property | Agreed in the divorce agreement | Settled in court or decided by the judge |
| Cost and time | Low and quick | Higher; months to years |
Many cases start contested and end by settlement during court mediation. A settlement recorded by the court can produce a divorce without a full trial.
What are the grounds for divorce under Section 1516?
Section 1516 lists the grounds below. Since the marriage equality amendment took effect in January 2025, they apply to spouses of any gender.
- (1) The other spouse maintains or honours another person as a spouse, commits adultery, or habitually has sexual relations with another person.
- (2) Serious misconduct that causes you serious shame, contempt for remaining married, or excessive injury or hardship.
- (3) Serious physical or mental harm or torture, or serious insult or defamation of you or your ascendants.
- (4) Wilful desertion for more than one year.
- (4/1) A final prison sentence with actual imprisonment of more than one year, for an offence you did not take part in or consent to, where continuing the marriage would cause you excessive hardship.
- (4/2) Living apart for more than three years, either voluntarily because you could not live together peacefully or under a court order. Either spouse may rely on this ground.
- (5) The other spouse has been declared missing by a court, or has left home without news for more than three years.
- (6) Failure to give proper maintenance, or serious hostility to the marriage, causing excessive hardship.
- (7) Insanity for more than three years, unlikely to be cured, so severe that living together is impossible.
- (8) Breach of a written undertaking of good behaviour.
- (9) A serious, chronic and incurable communicable disease that may harm you.
- (10) A permanent physical condition that makes sexual relations impossible.
Can you lose the right to file for divorce?
Yes. Two rules catch people out:
- Forgiveness (Section 1518). If you act in a way that shows you forgave the conduct, such as resuming married life after learning of it, you lose the right to divorce on that ground. New conduct can create a new ground.
- One-year limit (Section 1529). The right to divorce on grounds (1), (2), (3) or (6) lapses one year after you knew or should have known the facts. Those facts can still be used as supporting evidence for another ground.
How does a contested divorce case run in court?
Family cases are heard by the Juvenile and Family Court, which places weight on mediation and on the welfare of children.
- Preparation. Your lawyer identifies the strongest ground, gathers documents and witnesses, and lists what you are asking for: divorce, parental power, child support, maintenance, and division of marital property.
- Filing. The claim is filed at the court with jurisdiction, usually where the defendant lives or where the cause arose. A Thai national or a person domiciled in Thailand can generally sue in Thailand even if the defendant lives abroad.
- Service. The defendant receives the summons and claim. Service abroad goes through official channels and can take months.
- Mediation. The court encourages settlement on children and property, sometimes on the divorce itself.
- Interim orders. If needed, the court can make temporary orders, for example about the children, while the case continues.
- Trial. Each side presents witnesses and documents. If the defendant does not appear, the court can proceed, but the claimant must still prove the ground.
- Judgment and appeal. Either party may appeal within one month from the reading of the judgment. Appeals from these courts go to the Court of Appeal for Specialised Cases.
- Registration. Once final, the divorce should be registered at a district office so that it can be relied on against third parties.
What changes when one spouse is a foreigner?
Three points add work. First, under Section 27 of the Conflict of Laws Act B.E. 2481, a Thai court will grant a divorce only if the national laws of both spouses permit it, and the claimant must prove the foreign law. Second, foreign documents need translation and legalisation. Third, serving a defendant abroad adds time, so a realistic timetable matters more than speed.
Frequently asked questions
My spouse simply ignores the case. Will I still get divorced?
If the summons was properly served, the court can continue without the defendant. You still have to prove a ground under Section 1516 and, in a cross-border case, the foreign spouse's national law.
Is irreconcilable differences a ground in Thailand?
Not as such. Thai law has no general no-fault ground; the closest are living apart for more than three years (4/2) and serious hostility causing excessive hardship (6), both of which must be proved.
How long does a contested divorce take?
It depends on service, the number of witnesses, the court's calendar and appeals. A defended trial commonly takes a year or more at first instance, and an appeal adds further time.
Can we switch to an uncontested divorce midway?
Yes. Many couples settle during mediation. The settlement can be recorded by the court, or the couple can withdraw and register a divorce by consent, which is a question to plan with your lawyer.
What drives the cost?
Mainly whether the case is defended, the number of hearings and witnesses, translation and service abroad, and whether property or children are disputed. Ask for a written fee estimate covering each stage.
Where should you start?
Write a dated timeline of events, keep messages and financial records safely, and note when you first learned of each problem, because some grounds expire one year after you know the facts. Then meet a family lawyer to choose the ground you can prove most clearly and to decide what to ask for on children and property. A well-prepared first filing is the best way to keep a contested divorce shorter and less costly.
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