Best Divorce & Separation Lawyers in Khon Kaen

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Siam International Law Office

Siam International Law Office

Khon Kaen, Thailand

Founded in 2008
250 people in their team
Certified lawyers in Thailand. We are the first network in Thailand who provides legal services and litigation in any legal fields. our network...
English
lawyers for expats Thailand Co Ltd

lawyers for expats Thailand Co Ltd

Khon Kaen, Thailand

Founded in 2019
7 people in their team
 Lawyers for Expats Thailand has been set up to assist foreigners living in Thailand.We understand first hand the challenges and problems...
English
Thai

Thailand Divorce & Separation Legal Questions answered by Lawyers

Browse our 9 legal questions about Divorce & Separation in Thailand and the lawyer answers, or ask your own questions for free.

How can I get a divorce in Thailand?
Divorce & Separation
There are two types of divorce in Thailand, a contested divorce is when one or both parties do not agree on parts of the separation, such as custody rights or marital property, or in the case when one spouse is not willing to divorce, a contested divorce can be very costly. An uncontested divorce is less costly and usually results in a mutual agreement. It is recommended to consult with a lawyer in Thailand who specialises in divorce law for legal counsel before signing any agreement related to your divorce in Thailand.
When is an uncontested divorce in Thailand usually recommended?
Divorce & Separation
An uncontested divorce is usually preferred if both parties agree on a divorce and have no disagreement about marital property sharing and/or child custody.
What must a divorce agreement in Thailand contain?
Divorce & Separation
The agreement must include the terms the parties will live by after the divorce is decreed. Provisions on sharing of marital property, custody of children, alimony and child support must be clearly defined in the divorce agreement.

About Divorce & Separation in Khon Kaen, Thailand

Divorce and separation in Khon Kaen, like elsewhere in Thailand, is governed by the Civil and Commercial Code of Thailand. Thailand is a no-fault divorce jurisdiction, which means that one does not have to prove any fault on the part of their spouse during divorce proceedings. There are two types of divorce in Thailand, Contested and Uncontested divorce. For a divorce to be finalised both parties need to agree on arrangements for property division, child custody, and alimony.

Why You May Need a Lawyer

Engaging in divorce and separation procedures often involves navigating complex legal principles, property division, child custody arrangements, and possible alimony discussions. A local attorney who is experienced in divorce and separation can provide valuable advice that can protect your interests and rights. Further, an attorney can handle court proceedings, bureaucratic tasks, and ensure that all divorce papers are done correctly and in a timely manner. In the case of a contested divorce, where your spouse disagrees to the terms, hiring a lawyer becomes even more essential.

Local Laws Overview

Thai law stipulates that all ‘Sin Somros’ or marital property (assets acquired during marriage) be divided equally in the case of divorce. Personal property or ‘Sin Suan Tua’ (assets owned before marriage), is not subject to division. If there are prenuptial agreements in place, these will be honoured provided they meet the legal requirements.

Regarding child custody, the court usually prioritizes the best interests of the child. As per the Child Custody Act, the court will consider factors such the child’s preference, the parent’s behaviour, the relationship between child and parent, and the capacity of parent to provide for the child while deciding on custody matters.

Frequently Asked Questions

1. Can I file for divorce in Khon Kaen if I was married overseas? If you and your spouse are residing in Thailand, then yes, it's possible for you to file for divorce in Thailand even if you were married overseas; however, it's crucial to consult with a local lawyer.

2. How is property divided in a divorce? In Thailand, marital property, classified as 'Sin Somros,' is typically split equally between the partners. Assets acquired before marriage are generally not divided.

3. Who will get the custody of children after divorce? Child custody is decided based on the best interests of the child. Various aspects are taken into consideration by courts while awarding custody.

4. How long does the divorce process take? The length of the divorce process in Thailand strongly depends on whether the divorce is contested or uncontested. Uncontested divorces can be done within a month or two. Contested divorces however, can take several months, even years, due to property issues or child custody disputes.

5. What if we reconcile during the divorce process? If the spouses decide to reunite during the divorce proceedings, the process can be halted. It’s best to communicate with all parties involved, especially any legal representatives.

Additional Resources

Before entering into any legal proceedings, it's wise to seek different voices and views on the matter. It can be beneficial to conduct online research and seek advice from Thailand's Legal Development Program that educates the public on legal matters. Moreover, the Ministry of Social Development and Human Security and the Office of Women's Affairs and Family Development also aid with divorce information and resources.

Next Steps

If you feel that divorce or separation is the best option for your circumstance, it's advisable to consult with a lawyer who specializes in family law, and more specifically in divorce and separation. They may guide you through the necessary paperwork, court proceedings, and negotiations that might be required. Furthermore, they can provide specific advice, tailored to your situation, ensuring the best possible outcome from a difficult time.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.