Grounds for Divorce in Thailand [Update 2026]

Grounds for Divorce in Thailand.

Once both parties cannot agree by mutual or uncontested divorce, you need to file the court case as contested divorce. For filling such court case, you need to show the grounds for divorce in Thailand to support your case.

You can read more how you should proceed for divorce from this content: Divorce in Thailand

Divorce in Thailand is an intricate process that needs professional assessment by both parties.

Contested Divorce means the dissolution of a marriage by the judgment of a court on one or more of the grounds for divorce in Thailand as listed under Section 1516 of the Civil and Commercial Code.

Divorce typically unleashes a flood of emotions including anger, grief, anxiety and fear.

Sometimes these feelings can rise up when you least expect them, catching you off guard.

Such a response is normal, and over time the intensity of these feelings will subside.

The liberalization of divorce laws has fueled non-adversarial approaches to marital dissolution, such as negotiation and mediation.

Such practices are especially beneficial for children, for whom divorce is almost always deeply distressing and whose needs are often overlooked in the adversarial process.

It is commonly believed that 80 percent of marriages in the Thailand end in divorce, but that is not the case.

It is now estimated that only a third of marriages will face dissolution over time.

1. List of Grounds for Divorce in Thailand are as follows (Update 2026):

As per Civil and Commercial code of Thailand, section 1516, it is stated that the Ground for Divorce are as follows:

(1) Where either spouse has maintained or honored another person as a spouse, has committed adultery, habitually engaged in sexual intercourse with another person, or has committed or accepted acts from another person for the gratification of sexual desire, whether of himself or herself or of another person, on a habitual basis, the other spouse may institute an action for divorce.

(2) Where either spouse has engaged in misconduct, whether or not such misconduct constitutes a criminal offense, if such conduct causes the other spouse to:

(a) suffer serious shame or humiliation; or
(b) be subjected to contempt or hatred by reason of continuing to be the spouse of the party engaging in such misconduct; or
(c) suffer damage or excessive hardship, taking into consideration the condition, status, and manner of living of the spouses as husband and wife;

the other spouse may institute an action for divorce.

(3) Where either spouse has seriously inflicted bodily or mental harm upon the other spouse, or has seriously defamed or insulted the other spouse or the ascendants of the other spouse, the other spouse may institute an action for divorce.

(4) Where either spouse has willfully deserted the other spouse for a period exceeding one year, the other spouse may institute an action for divorce.

(4/1) Where either spouse has been sentenced by a final judgment to imprisonment and has been imprisoned for a period exceeding one year for an offense in which the other spouse had no participation, consent, or knowledge, and the continuation of the marital relationship would cause the other spouse to suffer damage or excessive hardship, the other spouse may institute an action for divorce.

(4/2) Where the spouses have voluntarily lived separately for a period exceeding three years due to the inability to live together peacefully as husband and wife, or have lived separately pursuant to a court order for a period exceeding three years, either spouse may institute an action for divorce.

(5) Where either spouse has been adjudged by the court to be a missing person, or has left his or her domicile or residence for a period exceeding three years without any person knowing with certainty whether such spouse is alive or deceased, the other spouse may institute an action for divorce.

(6) Where either spouse has failed to provide reasonable maintenance and support to the other spouse, or has seriously acted in a manner adverse to the marital relationship, and such conduct causes the other spouse to suffer excessive hardship when taking into account the condition, status, and manner of living of the spouses as husband and wife, the other spouse may institute an action for divorce.

(7) Where either spouse has been of unsound mind continuously for a period exceeding three years, such unsoundness of mind is of a nature unlikely to be cured, and the condition is of such severity that continued cohabitation as husband and wife is intolerable, the other spouse may institute an action for divorce.

(8) Where either spouse has violated a written bond or undertaking relating to conduct, the other spouse may institute an action for divorce.

(9) Where either spouse suffers from a serious contagious disease that may endanger the other spouse, and such disease is of a chronic nature with no prospect of cure, the other spouse may institute an action for divorce.

(10) Where either spouse has a physical condition rendering him or her permanently incapable of sexual intercourse, or permanently incapable of performing or accepting acts for the gratification of the other spouse’s sexual desire, the other spouse may institute an action for divorce.

For filling the court case, you can use one or more grounds for filling the Plaint to the court.

You cannot use other reason out of section 1516 to file the divorce case like lack of love, argument with each other, one party is lazy to do house work, fat, ugly etc.

2. How to show the Grounds for Divorce in Thailand.

Once you know the grounds for filling the divorce in Thailand already, the lawyer can prepare the Plaint as described under the grounds for divorce in the document.

And the lawyer needs to provide some basic evidence attached with the Plaint for the court’s consideration as well. This is just for the judge to see it has ground for divorce.

But for deep detail of evidence, normally the lawyer will use it on examination time. Because you should not open to them now. (they may prepare to defend against the evidence)

3. Level of Proof to win the case.

Once you choose the ground for divorce already, you need to provide all evidence and personal witnesses to prove to the court according to following ground that you filled the case.

You must prove to make the court believe that the other party has committed the ground for divorce.

The level of proof must be strong, clear and direct to the point. Then you can win the case.

If you cannot make the court believe, you will lose the case.

Conclusion.

If you cannot settle with your spouse by mutual agreement and you need to divorce, you need to do the filling of the court case for divorce.

In order to file the case of divorce, you need to show the grounds for divorce in Thailand as stated in the section 1516 of Civil and Commercial Code.

You cannot show other reason out of section 1516 like lack of love.

And you need to bring all evidence and personal witnesses to testify to the court to make the court believe and agree with the grounds for divorce.

Grounds for Divorce in Thailand [Update 2026]