When a marriage reaches breaking point, filing for divorce in court is usually the last resort — used when the spouses cannot agree to register an administrative (mutual-consent) divorce at the district office. The question our team is asked most often is: “What evidence do I need to file for divorce, and how long will the court process take?”
Grounds for divorce under Thai law
Under Thai law, filing for divorce is not simply a matter of telling the court that love has faded or that you no longer get along, after which the court orders a divorce. The spouse who wishes to divorce must prove to the court that a statutory “ground for divorce” has actually occurred, as set out in Section 1516 of the Civil and Commercial Code — for example, maintaining or honouring another person as a husband or wife (adultery), serious physical or mental abuse, or wilful desertion for more than one year.
Evidence the court will accept
Because of this, evidence is the single most important factor in deciding the case — whether photographs of adulterous conduct, chat conversations through apps (LINE, Facebook), unusual money-transfer slips, or medical certificates and police daily records where there has been physical assault. The clearer and stronger your evidence, the faster the court can decide.
From the point where the lawyer drafts the complaint and files it with the Juvenile and Family Court through to the date of judgment, the process usually takes around 6 to 12 months, depending on whether the other party contests the case or agrees to mediate at the first hearing. If you are facing this situation, staying composed and quietly gathering your evidence is the most important first step — before bringing everything to a lawyer to analyse and build your case strategy.
