Steps to Filing for Divorce Under Thai Law
Filing for divorce in Thailand occurs when one spouse does not agree to a mutual divorce, requiring a court process to legally end the marriage. This article outlines the conditions for filing for divorce and the legal procedures in detail.
1. Preliminary Conditions for Filing for Divorce
Before filing for divorce, it is necessary to determine whether the grounds meet the legal requirements under Section 1516 of the Civil and Commercial Code, such as:
• Adultery or infidelity
• Desertion for more than one year
• Physical or mental abuse
• Inability to continue cohabitation as spouses, etc.
If valid legal grounds exist, the spouse seeking the divorce can proceed with the filing.
2. Steps to Filing for Divorce
2.1 Preparation Before Filing
• Verify the grounds for divorce according to the law.
• Gather evidence, such as photos, messages, financial records, or witness testimonies.
• Consult a lawyer to develop a legal strategy.
2.2 Filing the Case in Court
• File the case at the Juvenile and Family Court or the Provincial Court where either spouse resides.
• The court will issue a summons requiring the other spouse to appear.
2.3 Court Proceedings
1. Court-Ordered Mediation
• The court encourages both parties to negotiate and resolve issues, such as property division or child custody.
• If mediation is successful, the couple may agree to divorce without