Many divorce disputes are decided by what was prepared before the first filing.
Get an overview of the marriage's assets and debts, your children's needs and the evidence you already have.
Both spouses apply at the Family Court, attend the guidance session, wait the cooling-off period and confirm the divorce before the judge.
If you cannot agree, you file a complaint with the Family Court. Measures to protect assets can be taken at the same time.
Most divorce cases go to mediation first. A family investigator may look into the family situation and the children's circumstances.
The court decides the divorce, property division, custody and child support. The divorce must then be reported.
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.
DIVORCE · FAMILY LAW · KOREA