Contested Divorce in Thailand

[steven09]

I would like to ask about contested divorce in Thailand.

First of all, both of us were married in both Thailand & Malaysia.

As for contested divorce in Thailand, I've read there are several condition that applied in order to file contested divorce.

For my situation, the wife has conducted adultery in December 2018. Both us confronted each other, however, things does not seem to be as expected. Initially, both of us agreed for divorce in Malaysia & Thailand with some condition which we mutually agreed. However, in February 2019, she has fleed and not taking the responsibility for divorce until now.

To be fair for me, i would like to get divorce as soon as possible as i may need to get my single status and re-marry again in future.

With reference to the contested divorce condition, i think the one that can apply to me is:

1) The wife has committed adultery (Section 1516 (1) CCCT) - Does the court need some kind of evidence? How do i really proof it?
2) One spouse has caused serious harm or torture physically or mentally the other, or has seriously insulted the other or his or her descendants (Section 1516 (3) CCCT)

 

If the above does not apply to my case, the only choice is Section 1516 (5) CCCT - to wait for 3 years. However, i can't afford to wait until 3 years to start the divorce as it take long time. My age is catching up as well.

 

Another thing i would like to check is, how much roughly is the cost & duration for contested divorce? Money is quite some concern for me as well

 

Hope to hear your advice on how do i go about it

Many thanks

[NanLaew]

I was busy working and traveling overseas when getting a divorce based on the 3 years of separation option (estrangement) became a reality (her adultery witnessed In flagrante delicto by myself).

 

With no current or valid contact information for the ex, my lawyer had to publish notices where she had 30 days to respond. Unfortunately a friend of a friend (of hers) saw the notice and she fronted up at the court at the 11th hour with her own lawyer, demanding what was hers. She was a no-show at the second court date where I had brought a character witness and our lawyers were supposed to argue the toss, thus adjourned. On the third court date, she was again a no-show and when her counsel advised the court that she hadn't paid him anything yet, the judge kicked her to the kerb in absentia and granted the divorce.

 

Result!

 

It took me about 18 years to find the new (and current) Mrs Right so the OP shouldn't rush.

Edited May 10, 2020 by NanLaew

[wombat]

safe yourself the money i will tell you what will happen if money or property is involved and you are farang....you lose.

[thonglorjimmy]

10 minutes ago, wombat said:

safe yourself the money i will tell you what will happen if money or property is involved and you are farang....you lose.

Wasn't so in my case, despite all the best efforts, and lies, of my ex, who thought the same as you, I found the system to be very fair, I was more than satisfied with my result and so glad I paid little attention to the naysayers.

[Relocated]

Muslims can divorce by saying three times, can't you? 

And you can have three extra wives, what is worry? 

[bino]

Why rush into another marriage? Why buy another cow when there is plenty of cream to be had?

Lots of guys would love to be in your position: Sorry honey - I'm already married!

[tomauasia]

12 hours ago, NanLaew said:

I was busy working and traveling overseas when getting a divorce based on the 3 years of separation option (estrangement) became a reality (her adultery witnessed In flagrante delicto by myself).

 

With no current or valid contact information for the ex, my lawyer had to publish notices where she had 30 days to respond. Unfortunately a friend of a friend (of hers) saw the notice and she fronted up at the court at the 11th hour with her own lawyer, demanding what was hers. She was a no-show at the second court date where I had brought a character witness and our lawyers were supposed to argue the toss, thus adjourned. On the third court date, she was again a no-show and when her counsel advised the court that she hadn't paid him anything yet, the judge kicked her to the kerb in absentia and granted the divorce.

 

Result!

 

It took me about 18 years to find the new (and current) Mrs Right so the OP shouldn't rush.

Good appraisal 

[Autonuaq]

You have to be careful because this can backfire on you if you really did marry twice. One can only marry once by law and does have to register the marriage in the countries where you are registered living and pay your world income.

 

The best is to wait three years then file for divorce. The cheapest way to do as well easier to protect your assets and savings.

 

Try this at the ampur. In court you have an easier case too but is more expensive. And the three year period make that you have two strong point to file. Your ex also know this. Then translate and legalize all documents and register at your home country. All solved.

 

[sead]

15 hours ago, NanLaew said:

I was busy working and traveling overseas when getting a divorce based on the 3 years of separation option (estrangement) became a reality (her adultery witnessed In flagrante delicto by myself).

 

With no current or valid contact information for the ex, my lawyer had to publish notices where she had 30 days to respond. Unfortunately a friend of a friend (of hers) saw the notice and she fronted up at the court at the 11th hour with her own lawyer, demanding what was hers. She was a no-show at the second court date where I had brought a character witness and our lawyers were supposed to argue the toss, thus adjourned. On the third court date, she was again a no-show and when her counsel advised the court that she hadn't paid him anything yet, the judge kicked her to the kerb in absentia and granted the divorce.

 

Result!

 

It took me about 18 years to find the new (and current) Mrs Right so the OP shouldn't rush.

I totally agree abouth the rush ????

[blackcab]

On 5/10/2020 at 8:05 PM, steven09 said:

If the above does not apply to my case, the only choice is Section 1516 (5) CCCT - to wait for 3 years.

 

No. Look at Section 1516 (4):

 

Grounds of action for divorce are as follows: When one spouse has deserted the other for more than one year, the latter may enter a claim for divorce

 

Section 4 means that you only have to wait one year before applying for a divorce if your wife has deserted you. Which is convenient, because you have said:

 

On 5/10/2020 at 8:05 PM, steven09 said:

However, in February 2019, she has fleed and not taking the responsibility for divorce until now.

 

As a result of this you can apply to the Court for a divorce without your wife's presence or consent.

[thaibeachlovers]

On 5/11/2020 at 1:05 AM, steven09 said:

i would like to get divorce as soon as possible as i may need to get my single status and re-marry again in future.

 

On 5/11/2020 at 1:05 AM, steven09 said:

However, i can't afford to wait until 3 years to start the divorce as it take long time. My age is catching up as well.

IMO spend the money on a good psychologist instead.