My Thai spouse and I are divorcing. She said we have only to go to the amphur to do this. Is this how we can divorce in Thailand?
our Thai spouse is talking about an uncontested divorce. This form of divorce is more known among Thais than the contested (administrative) form. In fact, most marriages between Thais had been ended through this procedure. If you are a foreigner who is divorcing a Thai spouse, this type of divorce is available to you if you registered your marriage in Thailand. More importantly, you must ask a lawyer if your country will recognize this type of divorce after it is granted to you.
I want to divorce my spouse but he does not want to have one. I have grounds against him. What should I do?
Go to the court and file a contested case against your spouse. If you know you have grounds to divorce him and you feel you need to be free from this marriage, you can seek recourse from the courts on this matter. Let the courts decide whether or not a divorce is in order or not.
We are ready to end our marriage but still have disgreements about custody and property. Can we still have an uncontested divorce?
Yes, you may still have an uncontested divorce in Thailand. If you cannot seem to agree on issues regarding the sharing of child custody and marital property, you may ask a lawyer in Thailand to help you arrive at a compromise as regards these issues. Once a compromise is reached, let your lawyer prepare a divorce agreement for you. Have the divorce agreement ready before you go the amphur for the uncontested divorce. Do not forget to tell the officer at the amphur that you have reached a divorce agreement and you need it to be registered at the same time as the divorce.
There is really no possibility for us to reach a settlement regarding our children and our property. What should we do now?
If any one of you believes that you have a ground to support a case of divorce against your spouse, come to court and file for a contested divorce in Thailand. During the divorce proceedings, the judge will necessarily tackle issues on the sharing of marital property and child custody. Since you two cannot agree on these matters, let the court apply the laws so these issues may be resolved at the same time as the court decides on the merit of your petition to divorce.