Q) Most of my friends say if you’ve got separated for many years, it is easy to apply for a divorce.  Is that true?

A) Basically being separated for many years is, by itself, not a justifiable cause for a judicial divorce under Korea divorce law.  The key issue will be why both of you have been separated.  If it is because of your husband’s violence and/or maltreatment, you’re surely entitled to a divorce decree from a Korean Family court, even if you’re separated for only 1 day.  On the contrary, if you’ve maliciously deserted your spouse and broken the marriage by your own faults, you can not get a divorce decree, even though you’re separated for a couple of years.

If you have any questions about divorcing in Korea or any other family law-related issues, please visit our Legal Consultation center or send your inquiry email to us by clicking here.  Our Korean licensed lawyers will answer your inquiry.

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

© 2010 Chung & Partners, a Korean Law Firm. All rights reserved.