What is the difference between an Uncontested and Contested Divorce in Thailand?
If both spouses agree to the divorce, the divorce is referred to as an uncontested divorce or a consensual divorce.
If you previously registered your marriage at a local district office in Thailand (Khet or Amphur) you may register for an administrative Thailand divorce. Performing an administrative divorce at the local district office requires that you and your spouse do not have disagreements over child custody or property (hence, this is why such a proceeding is considered "an uncontested divorce"). If there are assets to be divided or issues regarding custody of children it is advisable to have a lawyer experienced in the legal issues surrounding child custody in Thailand present in this type of administrative divorce. It is generally a good idea to draw up a divorce agreement, also known as a settlement agreement, in advance.
When registering the divorce, officials may ask you questions about your future plans, financial situation, and children (if any) and then ask you to fill out Thailand divorce forms detailing the terms of divorce and other matters. The divorce must be certified by two witnesses. Settlement agreements will also be registered at the local Amphoe.
If one or both spouse does not agree to the terms of the divorce, the divorce is referred to as a contested divorce. Contested divorces are handled in the Thai Courts rather than through an administrative procedure at the District Office (Khet or Amphur),
If your wife or husband will not agree to a divorce, or there are issues in dispute, then you need to file a Complaint with the Thai courts for a divorce "for cause". In order to proceed with a divorce in this instance you will need to assert grounds for divorce and you must make a personal appearance in court.