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Uncontested Divorce: A preferred form of divorce in Thailand as it is less complicated as well as less time consuming. All it needs is a mutual agreement to put an end to the marriage without even requiring a ground to sever the relationship. This type of divorces is processed at the local register (amphur or khet). Also, it requires the spouses to be present physically.
Contested Divorce: It is typically a court divorce as one of the parties will have to go to the court to bring an end to his/her marriage only if there is any ground and it is applicable under the Thai law. Disagreement over child custody or marital property can lead to such form of divorce.
Contested divorce is an ideal solution for those who have not registered their marriage. So, you may be eligible for that, provided you have been residing or working in Thailand for a certain period of time.
In that case you should seek advice from a legal expert who will be able to tell you better whether your divorce in Thailand will be recognized in your home country.
Almost always, a Thai national will ask uncontested divorce if your marriage registration has taken place in Thailand as this is the most feasible option for them. But in your case, you should be aware as their countries that do not consider this type of divorces. Therefore, you must speak to a legal expert.
In that case you must file a divorce in Thai court, only if you are able to prove at least three years of separation, one year abandonment and adultery or grave misconduct. However, if not of these are applicable, then you may discuss with one of our lawyers about the potential grounds for divorce.
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