Divorce by agreement or by lawsuit, property division, custody and child support each follow different rules and deadlines. For international couples, which court and which country's law apply, and your visa, come first.
01INTERNATIONAL COUPLES
When one spouse is a foreign national or lives abroad, a few questions must be settled before anything else.
If the case has a substantial connection to Korea, for example one spouse habitually lives here, you can file for divorce in a Korean Family Court.
Under the Private International Act, if one spouse is a Korean national habitually resident in Korea, Korean law applies to the divorce. Many international divorces therefore follow the Korean Civil Act.
You can ask the court for an interpreter in mediation and hearings. Do not sign an agreement or mediation record you have not fully understood.
For marriage migrants, whether you can stay after divorce can depend on why the marriage broke down and whether you raise a child in Korea. Keep records and check with Immigration early.
If your spouse has left Korea, court papers must be served abroad, which takes longer. If the address is unknown, service by public notice may be considered.
Who raises the children, visitation and whether a child may live or travel abroad should be settled clearly in the agreement or judgment to avoid later disputes.
02CASES
Each matter has different requirements, evidence and deadlines.
If both spouses agree, you can divorce by both appearing at the Family Court. With minor children, you must also agree on custody and child support.
Cooling-off period: 3 months with a minor child, 1 month otherwiseIf one spouse does not agree, the court decides whether a statutory ground for divorce exists. Most cases go through mediation first.
Six statutory grounds under Civil Act Art. 840Property built up during the marriage is divided according to each spouse's contribution, including homemaking and childcare.
Claim within 2 years of the divorceThe court decides who raises the children by the child's welfare. Child support is set with reference to the court's child support guidelines.
Decided by the child's welfare; support per the court guidelinesA spouse responsible for the breakdown can be ordered to pay consolation money, and a spouse's affair partner can also be sued for damages.
Within 3 years of learning of the damage and the personWhere there is violence, you can seek protection orders such as keeping the spouse away from you and the children, alongside the divorce.
Protection orders under the Domestic Violence Punishment Act03PROCESS
Agreed divorce and divorce by lawsuit follow different paths. What you should prepare changes at each step.
Get an overview of the marriage's assets and debts, your children's needs and the evidence you already have.
Read more 02Both spouses apply at the Family Court, attend the guidance session, wait the cooling-off period and confirm the divorce before the judge.
Read more 03If you cannot agree, you file a complaint with the Family Court. Measures to protect assets can be taken at the same time.
Read more 04Most divorce cases go to mediation first. A family investigator may look into the family situation and the children's circumstances.
Read more 05The court decides the divorce, property division, custody and child support. The divorce must then be reported.
Read more04WHY US
Managing Partner Yoon Sung-il, a divorce law specialist, handles your case himself from the first consultation through mediation and trial.
Managing Partner Yu Ji-yeon, a former senior prosecutor, reviews related criminal issues such as domestic violence, trespass or illegal recording.
Attorney Na Hyung-jun, a former research clerk at the Seoul High Court, prepares briefs from the judge's point of view.
05FAQ
Yes, if the case has a substantial connection to Korea, for example one spouse habitually lives here. If one spouse is a Korean national living in Korea, Korean law usually applies.
Yes. The court serves papers abroad, which can take several months. If the address is unknown, service by public notice may be used.
It depends on your visa type, why the marriage broke down and whether you are raising a child in Korea. Keep evidence and check with Immigration before you decide.
A foreign divorce judgment can be recognised in Korea if it meets the requirements of the Civil Procedure Act, and the divorce can then be recorded in the Korean family register.
Yes. Lawyers have a legal duty of confidentiality. You may use an alias for the first consultation.
06CONTACT
If you cannot talk, leave a message by KakaoTalk or the form. We contact you at the time and in the way you prefer.
DIVORCE · FAMILY LAW · KOREA