How to Legally Prove Infidelity in Thailand – Evidence, Divorce Law, and Your Rights

When trust is broken in a marriage, emotions run high. But in Thailand, infidelity isn’t just personal—it can be legal grounds for divorce, compensation, or even child custody implications. If you're a foreign spouse seeking justice, understanding the legal framework is essential. Here's what you need to know.

Infidelity as Legal Grounds for Divorce in Thailand

Under the Thai Civil and Commercial Code, infidelity is recognized as a valid ground for filing divorce. Specifically, Section 1516(1) allows one spouse to file for divorce if the other has committed adultery or "conducted themselves in such a way as to suggest a continuing sexual relationship with another person."

This means you don’t necessarily need photographic proof of the act itself—suspicious behavior, overnight stays, messages, or financial transfers to a lover can all support your case.

What Type of Evidence Is Legally Admissible?

To succeed in court, you must provide legal, verifiable, and ethically obtained evidence. Thai courts value:

• Photographic or video documentation showing the spouse with the alleged third party (especially if showing intimacy or secrecy)

• Witness testimonies from investigators, neighbors, or others

• Hotel receipts, phone records, chat logs (if obtained legally)

• Surveillance reports from licensed private investigators

Important: Thai law does not permit evidence obtained illegally (e.g., hacking, hidden cameras in private homes, or recordings without consent). That’s why working with a professional private investigator is crucial — both for credibility and legality.

Financial Compensation for Adultery

Thai law allows the injured spouse to seek damages from the adulterous partner and from the third party involved (Section 1523). This applies whether you're Thai or a foreign national. The amount depends on the harm caused, public embarrassment, and financial consequences.

Custody and Reputation Implications

In contentious divorces involving children, the court considers the moral conduct of both parents. A proven affair could weigh against the cheating spouse in custody rulings, especially if the behavior endangers or destabilizes the child's environment.

Why Work with a Investigator

At Orchid Eyes, we discreetly gather evidence that meets Thai legal standards. We understand local laws, cultural context, and how courts evaluate infidelity claims. Our reports are designed for use in both negotiations and court.

We do not act as a government authority — we are an independent, private investigation agency based in Chiang Mai, working on behalf of private clients and law firms.

Final Thoughts

If you suspect your Thai spouse is cheating, don’t rely on guesswork or illegal tactics. With the right support, you can collect solid, court-ready evidence — and protect your rights.

Trust needs proof. Let us help you find it — legally and discreetly.