Legal Process for Suing an Adulterer in Thailand

Legal Process for Suing an Adulterer in Thailand

In Thailand, a spouse who has been wronged can file a lawsuit against a third party involved in an adulterous relationship with their partner under Section 1523 of the Civil and Commercial Code. This allows the affected spouse to claim compensation for damages from the adulterer.

1. Collecting Evidence of Adultery

Before filing a lawsuit, clear and substantial evidence must be obtained to prove the extramarital affair, such as:

• Chat messages or electronic communications

• Photos or videos showing an intimate relationship

• Witness testimony from those who have seen the adulterous behavior

• Bank transactions or gifts exchanged in a romantic context

• Hotel records or evidence of being together in private places

2. Consult a Lawyer

Since adultery lawsuits are civil cases with complex legal implications, it is advisable to consult a lawyer to evaluate the evidence and build a strong case.

3. Filing a Lawsuit in Court

• The lawsuit must be filed at the Juvenile and Family Court in the jurisdiction where the spouse or the third party resides.

• The claim should specify compensation for damages resulting from the affair.

• Once the lawsuit is accepted, the court will schedule a hearing.

4. Court Proceedings and Judgment

• The court will examine the evidence and hear testimony from both parties.

• If the court finds that adultery has occurred, the third party may be ordered to pay compensation to the wronged spouse.

• The amount of compensation depends on the extent of the harm caused to the marriage and the dignity of the affected spouse.

5. Legal Consequences

• Adultery lawsuits are civil cases, meaning there are no criminal penalties.

• The adulterer may be required to pay compensation to the affected spouse.

• The court’s ruling can serve as evidence for a divorce lawsuit.

Important Considerations

• If there is insufficient evidence, the lawsuit may be dismissed.

• If the spouse consented to the affair, legal action may not be possible.

• The lawsuit must be filed within one year from the date the affected spouse becomes aware of the adultery.

Conclusion

Filing a lawsuit for adultery requires strong evidence, and consulting a lawyer can improve the chances of winning the case. If successful, the affected spouse may receive compensation for damages and use the court ruling as grounds for divorce.