Divorce in Korea falls under Article 834 in the Civil Code, and it provides for separation by mutual agreement, as well as fault-based dissolution of a marriage. This is not the case for foreigners getting divorced in Korea who can benefit from other regulations.
Below, our divorce lawyer in Korea explains how to obtain the dissolution of a marriage by consent between the two spouses, as well as through court proceedings. You can rely on our Korean law firm in both situations.
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Types of divorce procedures in South Korea
Article 834 or simply the Divorce Law in Korea provides for the following types of procedures when it comes to marriage dissolution:
- divorce by mutual agreement or uncontested divorce;
- divorce by mediation;
- divorce by trial or contested divorce.
Even if the ideal solution is reaching an agreement, this is not always the case, which is why in the case of a contested divorce in Korea, the court can rule based on specific grounds.
What happens when it comes to a divorce in Korea for foreigners? It depends on the country of origin of the spouses, but also on their immigration status in Korea. There is also the issue of marriage dissolution between Korean and foreign citizens. Depending on your status, you can discuss options with our attorneys in South Korea.
Common grounds for divorce in Korea
The Divorce Law in Korea provides for the following reasons to ask for marriage dissolution:
- adultery;
- one spouse leaving the conjugal home;
- domestic violence against by the spouse or other family member, such as children;
- one spouse has been missing for 3 years;
- other serious reasons.
Our divorce lawyer in Korea can help you file a petition in case any reasons of those presented above are invoked to terminate a marriage.
Mutual divorce in South Korea
Uncontested divorces are the easiest to solution in Korea, as it implies reaching an agreement on the important matters related to the marriage, such as:
- child custody;
- visitation rights;
- division of assets.
In this case, the parties must meet before a judge who will rule on the following:
- a month for consideration whether the parties go through with the divorce or not;
- this period is extended to 3 months, in case the marriage results in children;
- another meeting in court after any of the two periods for the final decision.
If you need guidance, you can rely on our divorce lawyer in Korea for assistance in reaching an agreement with your spouse on the matters that need to be settled before going to court.
Divorce by mediation followed by court proceedings in South Korea
Mediation is in fact the first stage in a contested divorce in Korea. In other words, when one of the spouses files for termination, both parties must meet at least once for a mediation procedure before the action can continue.
Our Korean law firm can offer more information on both types of procedures.
Divorce in Korea for foreigners
The Divorce Law in Korea provides for the following scenarios when it comes to foreigners seeking to terminate their marriages:
- the Korean law applies if at least one of them is a Korean citizen;
- if both spouses are foreigners and come from the same country but have obtained residency in Korea, they can get divorced in accordance with the law of their home country or the Korean law, as they deem fit;
- foreign spouses can also choose to get a divorce in accordance with the law they want.
Marriage and divorce statistics in Korea
Here are some numbers on marriages and divorces in Korea:
- in 2022, there were 192,000 marriages registered in Korea;
- the number of divorces in the same year was 93,000, 8.3% lower compared to 2021;
- the number of divorces with foreign spouses also went down by 5.9% in 2022.
Apart from our lawyers, you can also rely on our Korean accountants for support in financial disputes resulting from divorce.
Do not hesitate to contact our divorce lawyer in Korea for legal assistance.