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Korean Divorce Law Requires a Just Cause for Divorce : Can a Husband Who Cheated On His Wife Get Divorced Under Korean Law?

48 Comments

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?

The answer is, it could not be easy 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 the 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 breakdown 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, who can ask for a divorce to the court is only the wife, not the husband who is responsible for the marriage breakdown. This legal standard has been repeatedly affirmed by numerous Supreme Court’s rulings.

However, in a rare case where the wife irresponsible for the marriage breakdown 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 accept the responsible spouse’s claim for a divorce.

Let’s get back to the question. As the husband has committed an act of unchastity, in principle, the husband can not apply for a divorce.  The husband, however, can file for divorce when the wife also wants divorce explicitly or impliedly, especially when she refuses the divorce only because of obstinacy or revenge on her husband.

If you have any question about divorcing in Korea or any other family law related issues, please visit our Legal Consultation center or send your inquiry email by clicking here.  Our Korean licensed divorce lawyers, not a U.S. lawyer residing in Korea, will answer your inquiry.

Also you can find a stack of competent legal information and articles on Korean family law, written by a Korean licensed lawyer, by clicking here.

© 2008 Wonil Chung, Korean Licensed Attorney.  All rights reserved.

Because of the generality of this update, the information provided herein, which may or may not reflect the most current legal development, may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. 

Author: chungwi

Korean Licensed Lawyer

48 thoughts on “Korean Divorce Law Requires a Just Cause for Divorce : Can a Husband Who Cheated On His Wife Get Divorced Under Korean Law?

  1. Hi im charie .i am filipina married to korean ..i just wondering if i decided .to get a divorced cause im not inlove and happy no more .but my husband doesnt want it to happen just in case i file divorced coz we have 29 months old son and im afamraid he wont let me see him coz he said i may need to go back to Philippines nif we are divorced already since im the one who wanted the divorced

  2. My wife is Korean and she just recently returned and a few weeks back she said she wanted a divorce. I spoke with a family court lawyer here in America, and he stated that America wouldn’t recognize a foreign divorce since we were married here. Is this true?

    • Marriages are law and should be recognized in any civil country. I can’t believe your lawyer said this. You would have to file in USA which could present a problem with her being present. What do you mean by here? Korea? USA? If you want to get divorced here it is fairly simple if both parties are amiable to it. Just file and wait 30 days.

  3. I am married with Korean man and now I want to divorce. Because he is mentally ill and currently he is at the mental hospital. 3 years ago he was at the mental hospital too and he stayed there 3 months. These 3 months seemed like 3 years to me. I spent very hard time alone at home. But I waited for him. This year it happened again. I dont want to wait this time, because he gave me very hard time. He always fights with me, makes me cry, beats me, pushes me out in the street. Here I dont have any place to go. I always cry with grief. So I have some questions about a divorce.
    1. Can I file for a divorce while he is at the mental hospital?
    2. After a divorce can I stay in Korea legally. Can I prolong my ID card after a divorce?
    3. I have a 18 months daughter. Do I have any right to take my daughter with me?
    4. How long will it take to divorce here in Korea?

  4. Can the custody of a child be shared among the parents?
    Thanks

  5. Hello, Sir. I am planning to get married in Bangkok, Thailand in January. My fiance is Filipino and has a daughter from a past relationship. I am American. I am currently working and living in South Korea. After we are married, she will live with me in Korea for a year or two before coming to America with me. Neither of us have many assets or much money. I am curious about several things. Mainly:

    1) I don’t wanna be responsible for any kind of alimony if we were to possibly end the marriage before moving to America (1-2 years), or even after.
    2) Would I be trapped if I decided I wanted a divorce within the first year and she didn’t, what would be my options?
    3) Would I be financially responsible for her child if we were divorced in Korea (within 2 years)?
    4) Would any prenup we sign in Thailand be valid in Korea and in the U.S.?

    Thank you for your help.

  6. Question regarding following situation.

    American husband divorced Korean wife last year. Two children. Despite video evidence of Korean wife abusing oldest child the Korean wife was given full custody of both children. The American husband was given visitation rights. The Korean ex-wife has violated the visitation agreement repeatedly and continually. As a result the father/ex-husband rarely sees his children. The Korean ex-wife (who has borderline personality disorder) continues to abuse the ex-husband and has repeatedly threatened to flee with the children to a third country. Further in the divorce action the ex-wife was granted 100% of all property (despite the fact that the ex-husband had brought all the money from the U.S. to build a building and buy an apartment).

  7. I am in a dilemma. I am a foreigner and my Korean girlfriend is pregnant. I am certainly sure and she has admitted to having an affair in about the same time she conceived the baby. Now the baby is due in Sep. and I want to do a DNA check up. My confusion is upon the birth of the baby and its registration somebody had to be the father and I am not sure if I am. If I temporarily put my name as a father, to be withdrawn later, if the DNA result turns out to be negative.

    What is the legal repercussion?

  8. Dear Mr. Chung,
    If an American female is married to a Korean man, does she have the same legal rights as a Korean woman would? More specifically, if a divorce occurs, what are the court’s leanings or preferences in deciding who to give custody to?
    I’ve heard that in the recent past, the father almost always gets child custody, regardless of whatever transgressions ocurred to bring on divorce, or whether or not he is more responsible for splitting up being necessary. What are the most current laws concerning this?
    I also would like to ask, is domestic violence a factor at all in divorce~ as in, does the occurence of it give grounds for divorce?

  9. helow mr. chungwi
    i am a filipina commited with korean, he is 14years older than me.
    but he is married and they have three children.
    we truthfully love each other and we are sincere.
    he promise to divorce his wife, but he is afraid that he cannot see his children anymore after divorcing..

    my question is what is the possible if he will divorce his wife? wat are the conditions?
    according him the divorce in korea is not easy..
    please help me ,i am confused …

    thank you so much in advance..

  10. 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?

  11. 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.

  12. 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…

    • It seems you used this man. If you had no intention of “giving yourself to him” why did you marry him? In this case it seems you had other motives for marrying him such as obtaining a visa to Korea and you married under fraudulent pretenses. Their demands for return of expenses may well hold in a Court hearing, plus they may succeed in an action for compensation emanating from mental anguish.

  13. Hi,

    As my husband and I have been separating for 3 years, can I file for a divorce?

  14. 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.

  15. 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

  16. 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?

  17. 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?

  18. 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 came from or got married.

  19. 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

  20. 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

  21. 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.

  22. 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?

  23. 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

  24. Dear Craig, please check your email account. I sent an email to you with some answers. Thank you.

  25. 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

  26. 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.

  27. 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.

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