Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Désertion (การทิ้งร้าง, kan thing rang, also pleaded as abandon) is the wilful leaving of one spouse by the other, without reasonable cause, for more than one year. It is a statutory ground for divorce under Section 1516(4) of the Thai Code civil et commercial. It is the ground most used by a foreigner whose spouse simply left and cannot or will not sign a divorce by consent at the amphur, because it does not depend on the absent spouse’s cooperation.
Table des matières
What Section 1516(4) requires the court to find
Three elements must be established. First, one spouse left the other: the matrimonial home was abandoned, or the deserting spouse refused to live with the other. Second, the leaving was wilful and without reasonable cause; a spouse who moved out because of violence, or who was driven out, has not deserted. Third, the desertion has lasted more than one year, counted to the day the petition is filed. Desertion is a continuing state, so the one-year limitation in Section 1529, which applies to adultery and misconduct, does not cut off the claim while the absence goes on.
Neighbouring grounds are often confused with it. Section 1516(4/1) covers a spouse imprisoned for more than one year for an offence in which the other took no part. Section 1516(4/2) covers three years of voluntary separation, or separation under a court order, which needs no fault. Section 1516(5) covers a spouse adjudged to have disappeared or absent for more than three years with no certainty whether they are alive. Section 1516(6) covers failure to maintain and support the other spouse. Each has its own evidence.
Proving desertion when the spouse cannot be found
The petition goes to the Juvenile and Family Court. The evidence is usually documentary: the house registration (tabien baan) showing who lives where, messages in which the spouse refuses to return, bank records showing no contributions, testimony from the village head or neighbours, and immigration records if the spouse left the country. Where the defendant’s address is unknown, the court permits service by publication and the case proceeds in their absence.
Practical points for a foreigner: keep a record of every attempt at contact, think before letting the spouse back for short stays, because that can reset the period, and translate foreign evidence into Thai. A well-prepared undefended case is usually decided within four to eight months. The procedure is in the guide to contested divorce in Thailand; the court fee for a divorce petition without a property claim is 200 baht.
Desertion, separation and what happens after
Desertion is not the same as separation. Spouses who agree to live apart have separated, and after three years either can divorce under Section 1516(4/2) without proving fault. Desertion requires that one spouse left against the wishes of the other. A spouse who refuses all contact but keeps paying the household bills may have separated rather than deserted, and the court looks at the whole conduct.
A divorce on this ground still requires the court to divide the sans sommeil equally under Section 1533 and to decide garde à vue on the child’s interests. The deserted spouse may also claim a living allowance under Section 1526, which must be pleaded in the divorce action itself. If the absent spouse reappears and both agree, the matter can be settled as an uncontested divorce at the amphur instead.
Foire aux questions
How long does my spouse have to be gone to file for divorce for desertion in Thailand?
More than one year. Section 1516(4) of the Civil and Commercial Code requires wilful desertion without reasonable cause for over one year. If the spouses separated by agreement rather than one leaving the other, the applicable ground is three years of separation under Section 1516(4/2).
Can I divorce in Thailand if I cannot find my wife or husband?
Yes. A petition can be filed at the Juvenile and Family Court on the ground of desertion, and if the spouse’s address is unknown the court allows service by publication. If the spouse has been absent for more than three years with no news, Section 1516(5) provides a separate ground.
Does desertion affect property division or custody in Thailand?
Not the property split: marital property is still divided equally under Section 1533. Custody is decided on the child’s best interests, though a parent who abandoned the family for years will find it hard to obtain custody. The deserted spouse can also ask for a living allowance under Section 1526.
Voir aussi : Motifs de divorce, adultère, divorce contesté, Tribunal pour enfants et pour la famille, and the guides to contested divorce in Thailand ET divorce en Thaïlande.
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