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When a spouse will not agree to a divorce, or you cannot agree on the children, property or money, the only way to end the marriage is through the court. A contested divorce in Thailand takes longer and costs more than an uncontested one, and the outcome depends heavily on how well the case is prepared. Our family litigation team in Bangkok represents Thai and foreign clients at every stage, from gathering evidence to judgment and, if needed, appeal.
This guide explains where a contested divorce is heard, what you must prove, the documents you need, how the court process works, how long it takes and what it costs. For an overview of both divorce routes, see our divorce lawyer in Thailand guide.
A new court e-Filing system went live on January 5, 2026. The Office of the Judiciary replaced its previous e-Filing platform with a new system that lets parties enter claims online 24 hours a day, with identity checks through the ThaID app. Its first phase covers selected consumer cases and, in the Juvenile and Family Courts, child-legitimation cases where the mother consents. Divorce claims are not part of that first phase, and more case types may be added later.
Gender-neutral divorce rules apply to every case. Since January 23, 2025, the Civil and Commercial Code refers to “spouses” rather than “husband and wife”. The same grounds, custody rules and compensation claims apply to every marriage — including claims for adultery compensation against a third party of any gender (Section 1523).
Thai law allows a marriage to end in only two ways: by mutual consent registered at a district office, or by a judgment of the court (Section 1514 of the Civil and Commercial Code). A divorce goes to court when:
Family cases, including divorce, are heard by the Juvenile and Family Courts under the Juvenile and Family Court and Juvenile and Family Case Procedure Act B.E. 2553 (2010). In Bangkok this is the Central Juvenile and Family Court; elsewhere, it is the Juvenile and Family Court for the province. According to published Juvenile and Family Court guidance, a divorce claim can be filed with the court for the area where the defendant is domiciled (their registered address) or where the grounds for divorce arose.
The spouse who files (the plaintiff) must prove at least one of the 12 grounds for divorce set out in Section 1516 of the Civil and Commercial Code. One proven ground is enough. They include:
See the full list in our guide to the grounds for divorce. Behavior such as gambling or debt is not a ground in its own right. Whether it can support a divorce depends on the facts and on which of the 12 grounds it fits.
Act quickly. A claim based on adultery, misconduct, serious harm or insult, or failure to provide maintenance must be filed within one year of the date you knew, or should have known, the facts (Section 1529).
Evidence matters most. Your case must stand on its own evidence, whether or not your spouse contests it. Evidence of adultery is often the hardest to obtain. We will advise you on what evidence the court is likely to accept and how to gather it properly before anything is filed.
The exact documents depend on your case, but you should expect to provide:
Court guidance asks for copies, each signed as a true copy, with the originals brought to court on the hearing date. Court proceedings and the case file are in Thai, so any document in another language must be submitted with a certified Thai translation (Section 46 of the Civil Procedure Code). We can arrange this through our certified translation service.
It depends on whether your spouse responds, how much is in dispute and the court’s schedule. As an indication, the Sing Buri Juvenile and Family Court’s official guidance gives these timeframes:
| Situation | Indicative timeframe |
|---|---|
| First hearing | At least 45 days after filing — around 2–3 months |
| Defendant does not appear | Around 3 months to judgment and a certificate that the case is final |
| Spouses settle | Around 2–6 months to registration |
| Fully contested at first instance | Around 6–9 months |
| Appeal or Supreme Court | A further 6 months to 2 years |
| Defendant lives abroad | Service adds around 1–2 months |
In our experience, cases with disputes over children or significant property often take more than a year.
Legal fees depend on how complex the case is. Where the amount in dispute is small, the cost of litigation can exceed what is at stake. We will tell you honestly whether going to court makes financial sense.
Children. When granting a divorce, the court decides which parent will exercise parental power over each child, considering the child’s happiness and interests. If the court considers it appropriate to withdraw parental power from a parent, it may appoint a third person as guardian (Section 1520). If circumstances change later, the court can make a new order (Section 1521). Read more about child custody in divorce.
Property and debts. Marital property (sin somros) is divided equally (Section 1533), and common debts are shared equally (Section 1535), unless a valid prenuptial agreement provides otherwise. A prenuptial agreement can make the property side of a contested divorce far simpler. See divorce assets and debts.
Money claims. A claim for a living allowance must be made within the divorce case itself, or the right is lost (Section 1526). Claims for compensation for adultery are made under Section 1523. See spousal support and divorce and compensation.
If you have received a divorce claim, act promptly: the court will set hearing dates, and the case can proceed without you. See our guide to defending a divorce, and contact us as soon as possible.
Yes. If you can prove at least one of the grounds in Section 1516, the court can grant a divorce without your spouse’s agreement.
The case can proceed without them. According to the Sing Buri Juvenile and Family Court’s guidance, a case where the defendant does not appear takes around three months to reach judgment.
Yes. The court can appoint a family conciliator before trial, and a settlement can be turned into a court judgment if it is lawful and in the best interests of any children.
No. Thai courts work in Thai. Documents in other languages need a certified Thai translation, and a party who does not understand Thai must arrange an interpreter.
The court fee is 200 baht for a divorce with no money claim. Claims for property or compensation carry a fee based on the amount claimed. Legal fees depend on the complexity of the case.
A contested divorce is decided on evidence and preparation. The earlier you take advice, the more options you keep. For confidential advice on your case, contact our family law team. Our office is on the 22nd floor of the Interchange 21 Building, 399 Sukhumvit Road, Bangkok, and you can call us on +66 2 611 2881.
About the author
This article was written by Valentin Declercq, CEO of G.A.M. Legal Alliance, who holds a Master’s degree in Law (LLM) from the Université libre de Bruxelles (ULB) in Belgium. G.A.M. Legal Alliance, founded in 2011, is based in Bangkok and provides individuals with expert legal support for issues related to immigration, litigation, property purchases and many other areas.
Last updated: October 2026. This article provides general information about Thai law and does not constitute legal advice. For advice on your situation, please contact us.
