Not every marriage ends with a simple agreement. Sometimes, one spouse disagrees with the divorce itself or the couple cannot reach common ground on important matters such as assets, debts, or custody of children. In such situations, a divorce cannot be registered at the local District Office. Instead, it must go through the Thai court system.

This is called a Contested Divorce.

Unlike a mutual divorce, which can be finalized in a matter of days, a contested divorce is a formal court proceeding. It can take months or even longer depending on the complexity of the issues involved. Each side presents evidence and witnesses, and the judge will make a final ruling on:

• Whether the grounds for divorce are legally valid
• How property and debts are divided
• Who will have custody of the children
• Whether alimony or child support is granted

While a contested divorce may sound overwhelming, having the right legal strategy and representation can make the process smoother and protect your best interests. Our role is to stand by your side, explain every step clearly, and fight for the outcome you deserve.

In Thailand, you cannot file for divorce in court just because you no longer wish to be married. The law requires specific legal grounds for a contested divorce. These grounds are set out in the Thai Civil and Commercial Code and provide the basis for the court to accept and decide the case.

The most common grounds for divorce include:

• Adultery or Infidelity: If your spouse has been unfaithful or is openly living with another person.
• Misconduct or Abuse: Serious wrongdoing such as physical or emotional abuse, criminal activity, or behavior that makes living together unbearable.
• Desertion: If one spouse has abandoned the other for more than one year without good reason.
• Failure to Support: If your spouse has neglected their duty to provide proper financial support.
• Imprisonment: If your spouse has been sentenced to imprisonment for a long period.
• Separation: If you and your spouse have been voluntary living apart for more than three years.
• Serious Health Issues: If one spouse suffers from a mental or incurable illness making cohabitation impossible.

These legal grounds are not just technical requirements they shape how your case is argued and the evidence that must be presented in court. For example, in adultery cases, proof such as photos, financial records, or witness statements need to be required.

The above are preliminary examples of divorce grounds. In practice, the actual filing and court consideration will depend on the specific details of each situation and whether there is sufficient supporting evidence.

Understanding which ground applies to your situation is the first step toward building a strong divorce case. An experienced lawyer of our law firm can help review your circumstances, explain which legal grounds apply, and adapt the case strategy to fit your situation. With the right preparation, we ensure your plaint/testimony is both legally sound and well-supported by evidence and present your case effectively before the court.

A contested divorce in Thailand is handled through the Juvenile and Family Court. The process can feel overwhelming, but understanding the steps will help you prepare with confidence.

Step 1: Filing the Divorce Petition

• One spouse (the plaintiff) files a petition(Plaint) with the court, stating the legal grounds for divorce and the relief sought (custody, property division, support, etc.).
• The court will then issue a summons to the other spouse (the defendant).

Step 2: Response from the Other Spouse

• The defendant has the right to file an answer(Testimony) or counterclaim.
• If both sides make claims, the court will consider them together in the same case.

Step 3: Pre-Trial Conference

• The court may hold a preliminary hearing to identify the issues, set a timeline, and encourage settlement.
• If no settlement agreement is reached, the case proceeds to trial.

Step 4: Evidence & Witness Hearings

• Both parties must present evidence and witnesses to support their claims (documents, financial records, testimony, photos, etc.).
• The judge will carefully consider all facts, focusing on children’s best interests and fairness in property division.

Step 5: Court Judgment

After hearings are completed, the judge issues a judgment deciding:

• Whether the divorce is granted
• How marital assets and debts (if any) are divided
• Custody and parental rights
• Any orders for child support or alimony

Step 6: Registration of Divorce

• Once the judgment is final, the divorce must be registered at the District Office.
• This makes the divorce legally effective in all government records.

Every contested divorce is different. The exact process and timeframe depend on the complexity of the issues, the amount of evidence, and whether either side appeals.

Our role is to guide you step by step, prepare strong evidence, and represent your interests in court so you are never left facing this process alone.

When spouses cannot agree, the Thai court steps in to make final decisions. The judge’s role is to ensure that outcomes are fair, lawful, and in the best interests of the children. The main issues usually include:

🔹 Division of Assets & Debts

• In Thailand, “marital property” (Sin Somros) is generally divided between husband and wife. This includes property acquired during the marriage, such as houses, vehicles, bank accounts, and business interests.
• Personal property (Sin Suan Tua) is assets owned before marriage or acquired by inheritance/gift usually remains with the original owner.
• The court will also consider marital debts, such as loans or hire-purchase agreements, and divide responsibility fairly.

🔹 Child Custody & Parental Power

• Thai law focuses on the best interests of the child.
• The court may grant sole or joint custody, depending on the circumstances.
• The judge will consider factors such as each parent’s financial ability, moral character, stability, and the child’s wellbeing.
• Rights to visitation and decision-making (education, healthcare, religion) are also determined here.

🔹 Alimony & Child Support

• A spouse who suffers damages due to divorce (e.g., from adultery or abandonment) may claim alimony (spousal maintenance).
• The court may order one parent to provide child support to ensure the child’s proper upbringing, based on income and living expenses.

These issues are often the most sensitive and disputed parts of a divorce case. The court’s judgment will directly affect your financial security and family relationships for years to come.

That’s why having a lawyer who can present strong evidence, negotiate effectively, and protect your rights is essential.

At KTP Legal Advisory works to secure not only a favorable outcome in court, but also a solution that supports your future stability.

A contested divorce in Thailand is not a quick process. Because it involves court hearings, evidence, and sometimes appeals, the duration and expenses can vary greatly depending on the complexity of the case.

Timeline

• Simple cases (few assets, no children, clear grounds) – may be resolved in 6–12 months.
• Complex cases (significant assets, business interests, custody disputes) – can take 1–2 years or longer.
• If one party appeals the judgment, the case shall continue to the Court of Appeal or Supreme Court, extending the process further.

Costs

• Court Fees – Generally a small percentage of the claim value, capped under Thai law.
• Lawyer’s Fees – Vary depending on case complexity, number of hearings, and whether appeals are involved.
• Other Expenses – Translation of documents, expert witnesses, travel expenses, etc.

It’s important to remember that every case is unique. Two clients with seemingly similar situations may face very different timelines and costs, depending on the level of dispute and evidence required.

Our law firm provides clear estimates upfront and keeps you informed of costs throughout the process, so there are no surprises. More importantly, we focus on achieving a result that protects your long-term financial and family interests because in contested divorce, the outcome often matters more than the cost.

A contested divorce is not just about filing paperwork it’s a legal battle that can affect your finances, your children, and your future. Without proper representation, you may risk losing rights you didn’t even know you had.

Why Having a Lawyer Matters:

• Understanding the Law: Thai divorce law is detailed and requires proof of valid grounds. An experienced lawyer ensures your case is filed correctly and avoids costly mistakes.
• Protecting Your Assets: Property division can be complex, especially with businesses, real estate, or hidden assets. A lawyer fights to secure what is rightfully yours.
• Child Custody & Support: Judges base decisions on the best interests of the child. A skilled lawyer helps you present evidence to demonstrate your ability to provide care and stability.
• Negotiation & Settlement: Many contested cases can be partially resolved through negotiation. Your lawyer can secure favorable terms without prolonging the trial.
• Courtroom Advocacy: Presenting evidence, cross-examining witnesses, and persuading the judge require experience and preparation.

Our Commitment to You

At our firm, we don’t just represent you we stand beside you throughout the process. From the first consultation to the final judgment, we provide:

• Clear explanations in plain language
• A tailored legal strategy for your case
• Strong courtroom advocacy to protect your rights
• Compassionate support during an emotionally difficult time

Divorce is never easy, but with the right lawyer, you can move forward with confidence knowing your interests and your family’s future are protected.

A contested divorce in Thailand can feel overwhelming. It involves legal procedures, court hearings, and deeply personal issues such as property, finances, and the future of your children. Without proper guidance, it is easy to feel lost in the process.

But you don’t have to go through it alone.

With the right legal representation, you can:

• Protect your rights and financial security
• Ensure fair decisions on assets and debts
• Safeguard your children’s best interests
• Move forward with clarity and confidence

At our firm, we combine legal expertise with compassionate guidance. We take time to understand your unique situation, explain your options, and build a strategy that gives you the strongest chance of success in court.

If you are facing a contested divorce, don’t wait until problems escalate. Contact us today for a confidential consultation and let us help you take the next step toward protecting your future.