Let’s assume a situation where a husband has an affair with someone and he wants to get divorced. Can it happen legally under Korea divorce law?
Well, it may be very hard for him to get divorced unless the wife agrees to it. Someone may argue that as long as the marriage cannot be sustained because of husband’s act of unchastity, it is meaningless and no good for anyone to force the continuance of the marriage.
Well that allegation sounds plausible, but may be rejected by Korean court.
Korean law(Civil Act) allows judicial divorce in the following cases(Article 840 of Civil Code):
1. If the other spouse has committed an act of unchastity.
2. If one spouse has been maliciously deserted by the other spouse
3. If one spouse has been extremely maltreated by the other spouse or his or her linear ascendants
4. If one spouse’s linear ascendants has been extremely maltreated by the other spouse
5. If the death or life of the other spouse has been unknown for 3 years; or
6. If there exists any other serious cause for making it difficult to continue the marriage.
One thing should be noted is that, in general, the spouse who is responsible for the breaking of marriage can NOT apply to the court for a divorce. That means, even though the fact that a husband cheated on his wife does come under article 840 of Civil Code, but who can ask for a divorce to the court is only the wife, not the husband who is responsible for breaking marriage. That has been repeatedly affirmed by numerous Supreme Court’s rulings.
However, in a rare case where the wife is irresponsible for the breaking of marriage also wants a divorce but does not accept the other spouse’s demand for a divorce by reason of mere obstinacy or revenge, the court would exceptionally accepts the responsible spouse’s application for a divorce.
Let’s get back to the question. As the husband has committed an act of unchastity, the husband can not apply for a divorce to the court unless the wife also wants divorce explicitly or impliedly.
© 2008 Wonil Chung, a Korean Divorce Lawyer/Chung & Partners, a Korean Family Law Firm. All rights reserved. Some copyrights, photos, icons, trademarks, trade dress, or other commercial symbols that appear on this post are the property of the respective owners.
Mr. Chung.
I am a foreigner with a younger Korean husband. We have been married for 4 months and been together for a little over a year. His possessiveness and immaturity is the reason I want to get divorced. His behaviors and actions show signs borderline personality disorder and stalker issues. I am scared he might show up, or call, or text.I would like to get out of this relationship ASAP, however he does not want to get divorced. How do I go about this?
Hello Mr. Chung, I need a copy of my Korean Divorce Decree but I’m now living abroad. How do I get a copy? Thank you for your help.
Hello Good morning… I am a Filipina married to a Korean. We were married six months ago and when I came to Korea, after a week he wanted to divorce me because I have not given myself to him. In short, we are under a “sexless” marriage. The decision came from his mother and he followed his mother without even talking to me. I went back to the Philippines with the help of a friend shouldering my ticket because my husband doesn’t want to buy the ticket for me and even wanted me to pay for the divorce. Right now, I’m in the Philippines because they threatened me that they will force me to pay all the expenses they have sent me while I was processing my papers to come to Korea. And now, they said that they will come to the Philippines to make me pay the money they’d sent me.. Do i really have to pay the amount they are asking me? Please…I really need an answer… Thank you…
Hi,
As my husband and I have been separating for 3 years, can I file for a divorce?
please refer to my previous post at http://korealaw.wordpress.com/2010/08/18/qa-divorce/
hi sir.i just want to ask about the civil case here in korea.we have this family company & i filed a case on my family because they dont want to gave me my share.so i filed it a civil case on them.until how many years i will get the result? the case is still on going without my presence in the court? please reply….thank you.
Dear Mr. Chungwi,
How difficult is it to get a divorce for a korean wife in Korea if she has been unfaithful to her husband. She hasn’t been unfaithful through adultery meaning sexual act, but through text messages and kissing. She goes through mental anguish in the household and is subject to mental abuse from the husband, and is forced against her will to have sex with her husband. She sleeps and then is awoken to the reality of being forced upon by her overpowering huband. This causes her to be afraid to sleep and be around the husband. Do these conditions fall under the “serious cause for making it diffilcult to continue the marriage?” I ask because the huband would never agree or sign the divorce papers, but the wife wants to pursue the divorce.
Without sexual contact, I don’t see how it can be ruled as unchastity or adultery. Both husband and wife are Korean citizens but the wife wants out of marriage.
Thank You
Dear Jay, I sent you an email.
Mr. Chung.
After a married couple file the intial request for petition for divorce, they have to return 30 days later for a hearing of some type. I believe if one person doesn’t show up for the scheduled hearing, then the court will schedule another meeting date about a week later.
The question is, if one party (who no longer lives in the matamoninal home) doesn’t show up, is this considered , desertion, if he missed both dates for the hearing, and will the court grant the decree at that time?
Dear William, I sent you an email.
I am an American and my wife is Korea. We’ve been married for little over 5 months now and we want a divorce. I make more then she does, I have a property (house) back in the states, and just made a joint account with couple of thousands of dollars in them. How much alimony is she entitled to?
Dear Andy, I sent you an email. Thanks.
My wife and I are not Korean, but we live in Korea. She has been unfaithful to me. I want a divorce, but she does not want a divorce. Will the judge give a divorce if I want to divorce and she doesn’t want to get divorced?
You have to apply to the court in the province or state that granted the legal marriage.
If you were married in say seattle, then the
family law court in seattle would handle it
As both of you live in Korea, you can file a divorce lawsuit to Korean Family Court. The governing law shall be the law of the country where both of you come from or you got married.
I want to divorce with husband, but he doesn’t want. We had a communication problem. He don’t have a job right now and I am the one whose working. He cannot use his right hand so nobody want to hire him. We always fighting.. If I divorce him, how much is it cost to me and how long it takes?
Thanks
I sent you an email.
Chungwi, im facing the similar situation. Can u also reply to me?
Thanks,
Dear Kate, I sent you an Email.
Thank you so much for the information..I read the earlier post. And I am so gratefulfor the fast reply. And yes, It helped me a lot. Because of your post, I am confident that I haven’t done aything to worry about this. More power to you..Thanks
Can two foreigners, an American and a Korean-born American citizen, who were married in Korea, get divorced in Korea?
Yes they can, so long as (a) they both live in Korea or (b) the opposing party who does not live in Korea answers to the divorce lawsuit filed in a Korean family court. However, please consult with a U.S. lawyer regarding a divorce judgment in Korea shall be effective in the states. For more information, especially regarding several ways to get divorced in Korea, please email me at any time.
hello, Under Korean Law, will a divorce be granted if the wife requests it based on pictures and actual written evidence of sexual misconduct, including x rated pictures and correspondence between a man divorced already 4 times and woman married only once?
Yes, It will.
Mr. Chungwi,
Is this law still in force or it has been amended in 2009? Are you expecting to see some changes in this area of the family law any time soon.
Thank you and kind regards
Nancy
Dear Nancy, the relevant clauses of the Civil Act is still the same, not amended yet. Thanks, Wonil Chung
Dear Craig, please check your email account. I sent an email to you with some answers. Thank you.
Mr. Chungwi:
Sir, I have the same question as Mark. Could you reply to me as well. I want to divorce my wife and marry someone else. What advice do you have for me. I currently live and work with her. I am not a bad person, in fact we have be living in separate rooms for quite awhile now and without looking met someone wonderful. In Korea this is a dilemna. Thank you for your reply
Dear Mark,
I sent an email to you with the answers to your questions. Thank you.
Mr. Chungwi,
My wife and I are Koreans. I also have the same problem. I want to divorce my wife. I met a foreigner and I love her so much so I want to marry her. My wife is living with me now but I don’t love her anymore. We haven’t even made love for more than a year. I don’t have any reason to divorce her because she does what a wife does except for the fact that I don’t love her. What is my chance to divorce her? I want my freedom so badly so I can start a new relationship with someone I truly love though I feel sorry for her. (I think I married my wife because I was already in my early 30′s so i rushed getting married). One time I used my friend’s name to get her opinion about divorce and all were negative. She even mentioned she’ll revenge if it happens to her. That is the reason why I haven’t opened this matter to her. Please give me your advice.
Dear Mr. Lee
I sent you my reply to your email. Thanks.
Mr. Chung: Do the adultery rules you mention also apply to a foreigner who is attempting to divorce his/her Korean spouse? Assuming the court would apply the same rules as in Article 840, would the adultery have to be proven to the court, for example by pictures or a third party testimony? Or is the accusation (heresay) by the respondent enough for the court to NOT grant a divorce under Article 840? I am unclear about this. Thank you for your reply.