Contested Divorce in Thailand: Court Timelines and Legal Costs

When spouses cannot reach an agreement regarding division of property, child support, or custody, or when one spouse refuses to consent to separation, the only legal remedy is filing a **contested divorce lawsuit** at the Juvenile and Family Court. This judicial process requires proving specific statutory grounds, navigating family court mediation, and understanding the financial obligations involved.

Establishing Grounds for Divorce (Section 1516 of the CCC)

Under Thai family law, a judge will not grant a divorce based solely on mutual incompatibility. The plaintiff must present clear evidence to prove at least one of the statutory grounds under **Section 1516 of the Civil and Commercial Code**:

• Adultery / Infidelity (Section 1516(1)): One spouse has given maintenance to or honored another person as husband/wife, or committed adultery. The plaintiff can claim damages from both the spouse and the third party.
• Desertion & Separation: One spouse has deserted the other for over 1 year (Section 1516(4)), or the spouses have lived separate and apart for at least 3 years because they cannot coexist (Section 1516(4/2)).
• Abuse & Harm (Section 1516(3)): One spouse has caused serious physical or mental harm to the other, or seriously insulted the other's parents.

The Court Process Timeline (6 to 18 Months)

A contested family case typically takes between **6 to 18 months** to resolve, depending on whether the defendant is located in Thailand or abroad. The primary stages include:

1. Filing and Summons Service (1–2 Months): The lawsuit is filed in the court where the defendant is domiciled. If the defendant lives abroad, international service under diplomatic channels is required, adding 4–6 months to the process.
2. Mandatory Court Mediation (1–2 Months): By law, Thai family courts require mediation before a trial. Court-appointed mediators attempt to resolve custody and property disputes. If resolved here, the case ends within 1–3 months with a signed compromise agreement.
3. Observation Officer's Interview (1 Month): If the couple has minor children, both parents must be interviewed by a court social worker, who conducts a home assessment and submits a child welfare report to the judge.
4. Trial & Judgment (3–6 Months): If mediation fails, the court schedules the examination of witnesses, followed by the final judicial ruling.

Breakdown of Court Fees and Expenses

Litigating a contested divorce involves several structured costs:

• Pure Divorce Request: A flat court filing fee of 200 THB if no financial claims are made.
• Property division (*Sin Somros*): If you are requesting division of assets (e.g., land, house, corporate equity), the court charges a filing fee of **2% of the total claimed amount**, capped at a maximum of 200,000 THB.
• Summons Delivery Fees: Administrative fees paid to court officers to deliver papers to the defendant (ranges from 500 to 3,000 THB locally, higher for international service).
• Attorney Professional Fees: Varies depending on case complexity, property value, and the location of the family court.

If you are facing an uncontested or contested divorce dispute and require professional representation in the family courts of Khon Kaen or Northeast Thailand, contact the litigation team at Numlamai Law for a detailed case evaluation.