Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
A contested divorce (การฟ้องหย่า, kan fong ya, also called a court divorce or judicial divorce) is a divorce obtained by judgment of the Juvenile and Family Court when the spouses cannot agree to divorce, or cannot agree on its consequences. Unlike the divorce by consent registered at the amphur, it requires the petitioner to prove one of the grounds for divorce in Section 1516 of the Civil and Commercial Code. It is slower and dearer, but it is the only route when one spouse refuses, cannot be found, or the marriage was registered abroad.
Table of Contents
How the court process works
The petition is filed at the Juvenile and Family Court with jurisdiction over the defendant’s residence or the place where the cause arose. It states the ground, the facts, and the orders sought on custody, child support, division of sin somros, compensation under Section 1523 and a living allowance under Section 1526. Everything is in Thai; foreign documents are translated and certified. The defendant is served, files an answer, and the court fixes mediation and then a hearing at which witnesses give evidence.
Judgment is given on the ground and on each consequence. Under Section 1531 a divorce by judgment takes effect when the judgment becomes final, and it is then registered at the amphur so that it can be set up against third parties. Either side may appeal to the Court of Appeal for Specialised Cases and, with leave, to the Supreme Court. First-instance courts aim to finish within six to twelve months; a well-prepared undefended case can be done in four to eight.
What a foreigner should expect and prepare
The court fee is 200 baht for the divorce claim itself and 2% of any property claimed, capped at 200,000 baht. A foreign spouse can petition in Thailand whether the marriage was registered here or abroad, provided the court has jurisdiction, and a defendant living overseas is served through the courts’ international channels, which adds months. A spouse who cannot attend can be represented under a power of attorney for most steps, but personal testimony is normally expected.
Evidence wins these cases. For adultery: messages, photographs, hotel and bank records and witnesses. For desertion: the house registration, refusals to return, and proof of the date the spouse left. For cruelty: medical reports and police records. The stages and timelines are in the guide to contested divorce in Thailand. The most common mistake is filing on the ground that feels strongest rather than the one the documents prove.
Contested divorce compared with the amphur route
| Point | Contested divorce | Divorce by consent |
|---|---|---|
| Legal basis | Section 1516 ground, judgment | Sections 1514 and 1515, registration |
| Who decides | Juvenile and Family Court | The spouses, recorded by the registrar |
| Time | Six to twelve months, more on appeal | Same day |
| Cost | Court fee plus legal fees | Under 100 baht at the amphur |
| Property | Split equally under Section 1533 | As agreed in writing |
| Recognition abroad | Judgment, widely recognised | Administrative act, not accepted everywhere |
One practical difference is recognition. Several countries do not accept an administrative divorce registered at a district office, whereas a court judgment is recognised almost everywhere; a foreigner who expects to remarry abroad sometimes chooses the court route for that reason alone. Many cases start contested and settle: once terms are agreed at mediation the court records a compromise judgment, or the spouses withdraw and register an uncontested divorce at the amphur.
Frequently asked questions
How long does a contested divorce take in Thailand?
Usually six to twelve months at first instance, and four to eight months for a well-prepared case that the other spouse does not defend. Service on a spouse abroad and appeals add time. A divorce by consent at the amphur, by contrast, is completed the same day.
How much does a contested divorce cost in Thailand?
The court fee is 200 baht for the divorce itself plus 2% of any property claim, capped at 200,000 baht. Legal fees depend on the complexity of the case, the number of hearings and whether property and custody are disputed. Translation and legalisation of foreign documents are additional costs.
Can I get a contested divorce in Thailand if my spouse lives abroad?
Yes, if the Thai court has jurisdiction, which it normally does when the marriage was registered in Thailand or the petitioner lives here. The petition must be served on the spouse abroad through the court’s international service procedures, which takes several months. If the spouse’s address is unknown, the court can permit service by publication.
See also: grounds for divorce, uncontested divorce, Juvenile and Family Court, court fees, and the guides to contested divorce in Thailand and whether a Thai divorce is valid abroad.
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