If you want to get a divorce in Thailand, you must first know the basic rules of divorce in this country. In Thailand, there are two kinds of divorces: contested and uncontested. However, you must keep in mind that in Thailand, both divorce types are acceptable. You can ask your Thai lawyer to help you with the process. Nevertheless, you should also know that a contested divorce can only be filed if both parties agree to it.
Uncontested divorce
In Thailand, an uncontested divorce can be obtained by filing for it in a district office or legal setting. The documents must be in Thai and signed by both parties. If the divorce is not filed in a district office or legal setting, the couple must provide the marriage certificate and the passport or ID card of their Thai spouse. The divorce agreement must also be translated and registered in the District Registration Office. If the divorce was not finalized before, the spouses must bring the documents to the courthouse and present them as proof.
Consensual divorce
Divorce in Thailand is fast and simple. There are two types of divorce: Contested divorce and Uncontested divorce. Although Thai law differs from the laws of the western world, couples who agree to end their marriage do not have to appear in court to get a divorce. Additionally, a Consensual divorce is easy to complete and register. Couples who do not have children can divorce in less than an hour.
Divorce by mutual consent
If you have already decided to dissolve your marriage in Thailand, you can file for a divorce by mutual consent. The Thai Civil and Commercial Code provides for this procedure, which is simple and straightforward. Both spouses must agree on the terms of the divorce, which can be as simple as dividing marital assets. If you have children or assets, you should consult a Thai lawyer to help you reach an agreement. However, if you do not agree, you must visit the court to have the divorce finalized.
Divorce by court order
A Thai divorce can be done in one of two ways: through the courts or administratively. Both processes require both parties to be willing to attend the district office and complete the divorce paperwork. An administrative divorce is a less formal option, but still involves filing a case in a court. A Thai divorce is usually considered uncontested. The spouses must agree that a divorce is necessary. There are some additional requirements for administrative divorces in Thailand.
Filing a divorce if the Respondent is not present
If you are not in the country where your respondent lives, then you can still file a divorce in Thailand even if he or she is not physically present. To do this, you must serve a summons to the respondent through the court in Thailand. However, if your respondent is not in Thailand, you can use substitute service. In some circumstances, if the respondent is not in Thailand, then the divorce can still proceed based on the judgement.
