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Yes, you can legally get divorced in Thailand. Since both you and your Thai wife currently reside in Thailand, you are eligible to file for divorce there. Here’s a breakdown of the process and requirements:
Types of Divorce in Thailand
Uncontested Divorce (Administrative Divorce):
This type is applicable if both parties agree on the divorce and have no disputes regarding issues like child custody or property division.
You must both be present at the district office (Khet or Amphur) to register the divorce.
If your marriage was registered in Thailand or at a Thai embassy, this option is available
Contested Divorce (Judicial Divorce):
If there are disagreements regarding the terms of the divorce, you will need to file for a contested divorce through the Thai courts.
In this case, at least one party must provide valid grounds for the divorce as defined under Thai law
Requirements for Filing
Residency: At least one spouse must be lawfully residing in Thailand.
Marriage Registration: If your marriage was not registered in Thailand, you can still file for divorce, but it must be through the court system rather than an administrative process
.
Personal Appearance: For an uncontested divorce, both spouses must attend the district office personally. For a contested divorce, only the filing spouse needs to be present; the other can be represented by an attorney
Conclusion
Since you and your wife are living in Thailand, you do not need to return to the USA to finalize your divorce. You can initiate the process directly in Thailand based on whether your situation qualifies for an uncontested or contested divorce. It may be beneficial to consult with a local attorney who specializes in family law to guide you through the specific requirements and ensure compliance with Thai legal procedures.