Filing Divorce in Thailand 在泰國提起離婚訴訟
In our earlier article, we have introduced grounds for divorce and how the procedure is done in Thailand. If a couple decides to divorce but can’t come to an agreement on more than one issue, they may file a lawsuit before family court.
Following is procedure of filing a contested divorce:
Preparation and Initiate the Lawsuit 準備及提起訴訟
Identify grounds of divorce and to prepare supporting evidence.
Prepare photocopy of ID, Tabien Baan, marriage certificate, and children’s birth certificate (if both parties have kids together).
Submit the claims and relevant documents before family court.
Relevant Fee 繳交相關費用
Court fee: It must be submitted when filing the case before family court, which is 1,000 baht. If the petition includes claim of property, the amount shall be 2% of the amount, but shouldn’t be more than 200,000 baht.
Court delivery fee: This expense is to deliver summons to the Defendant. If the Defendant lives in Thailand, the fee is 1,000 baht. If the Defendant lives outside of Thailand, the fee is 5,000 baht.
Response of Defendant 被告答辯
The Defendant is required to submit his/her statement within 15 days after receiving the summons.
The Defendant is required to submit his/her statement within 30 days if the summons is not accepted from delivery, either the Defendant refused to take them, or the Defendant can’t be found.
If the Defendant failed to submit the argument within the requested period, a default judgment will be made.
Discussion of Children’s Custody 討論小孩的監護權
If the couple has children in common, both parents and children have to present at Juvenile Court to discuss the children’s welfare.
If the couple cannot come to an agreement, the officer will make a recommendation and forward this matter to court.
Pre-Trial Stage 審前會議
At this stage it will be determinate number of issues to be heard. Also, it is a chance for both parties to submit agreement and settle the dispute.
If no agreement is settled at this stage, a hearing will be announced, which is usually 60 days after filing the complaint.
The judgment usually will be made within 30 days from the last trial.