Divorce can be challenging, especially for foreigners living in Korea or those living abroad who want to divorce a spouse residing in Korea. For those unfamiliar with Korean divorce law, understanding the legal procedures can seem overwhelming.
This guide written by our experienced Korean divorce lawyer will help you understand the essential aspects of getting a divorce in Korea as a foreigner, including jurisdiction, legal requirements, the role of a Korean divorce lawyer, and frequently asked questions. Whether you’re married to a Korean citizen or another foreigner, this article will provide clarity on how to proceed.
Can Foreigners Get a Divorce Decree from the Korean Court?
Yes, foreigners can get a divorce in Korea. The Korean court doesn’t treat foreigners differently from Korean citizens when it comes to divorce. Whether you’re a foreign national married to a Korean citizen or another foreigner, you are eligible to file for divorce in Korea, provided certain conditions are met.
In general, the Korean court will accept a divorce filing when the respondent, i.e., the other spouse, resides in Korea. There are exceptions where the divorce can proceed even if the respondent does not reside in Korea, as long as the case has a significant connection to Korea.
According to the Korean International Private Law, the Korean court has international jurisdiction over divorce cases in the following situations:
- If one of the spouses has their habitual residence in Korea and the couple’s last common habitual residence was in Korea
- If the habitual residence of the plaintiff and all or some of the minor children is in Korea.
- If both spouses are Korean nationals; or
- If the plaintiff, who is a Korean national residing in Korea, files solely for the dissolution of the marriage
These are just examples of scenarios where the Korean court may exercise international jurisdiction, and other factors may also be considered if the divorce case has a substantial connection to Korea.
It’s also important to note that the nationality of the respondent or whether the marriage was registered in Korea does not affect the court’s ability to hear the case.
If you need more information on the jurisdiction rules for international divorces, click here.
Do I Have to Reside in Korea to Divorce?
No, you don’t have to reside in Korea to get a divorce decree from the Korean court. Residence of the petitioner is not required to file for divorce in Korea.
Our experienced Korean divorce lawyers have successfully represented numerous clients who reside abroad but wish to finalize their divorce in Korea.
I Don’t Know Whereabouts of My Spouse. Can I Still Divorce in Korea?
Yes, if you cannot locate your spouse, you may still be able to file for divorce ex parte in Korea.
This type of divorce is commonly used by international couples when one spouse has returned to their home country and all contact has been lost. In such cases, the divorce proceeds without the participation of the missing spouse.
To pursue a divorce ex parte, the Korean court will first assess whether you, as the petitioner, have made sufficient efforts to locate your spouse. This can include attempts to contact them through friends, family, or official channels, such as embassies or immigration records. If the court is satisfied that all reasonable efforts have been made to find the missing spouse, it will grant the divorce even though the spouse has not been served or heard during the process.
A Korean divorce lawyer can assist you in documenting these efforts, which is a critical step before the court will grant an ex parte divorce.
The Korean court protects the rights of the missing spouse as well. If the missing spouse later discovers that a divorce decree was issued without their participation, they have the right to file an appeal with the Korean court within 14 days of learning about the divorce. This ensures that even in cases of an ex parte divorce, both parties have legal recourse if new circumstances arise.
Which Country’s Law Shall Apply?
Choice of Law in Korean divorce cases
It’s a common misconception that Korean divorce law will always apply when a case is filed in Korea.
According to Korean International Private Law, the law applicable to a divorce case is determined in the following order. However, if one of the spouses is a Korean national with habitual residence in Korea, the divorce will be governed by Korean law:
- The law of the same nationality of both spouses
- The law of the same habitual residence of both spouses
- The law of the place most closely connected with both spouses
Let’s look at a few examples to clarify how these rules work:
- If a British husband files for divorce against his Korean wife who lives in Korea, Korean divorce law will apply because of her Korean nationality and habitual residence.
- If a Japanese couple divorces in Korea, Japanese divorce law will apply, as both parties share the same nationality.
- If a Canadian husband files for divorce against his British wife, and they both live in Korea, Korean law will apply, as their habitual residence is in Korea.
Renvoi
One important legal concept to be aware of when filing for divorce in Korea is renvoi which is a subset of the choice of law rules. Renvoi occurs when the laws of a designated foreign country refer the matter back to the law of the original jurisdiction. In practical terms, this means that if Korean choice of law rules point to the laws of a foreign country, and that country’s laws, in turn, refer the matter back to Korea, then Korean law will ultimately govern the case.
This concept is especially relevant for international couples, including those from the United States. In the U.S., divorce law is determined by the jurisdiction in which the case is filed, rather than by the nationality of the parties. Therefore, when a U.S. couple files for divorce in Korea, even though they share the same nationality, the Korean court will apply Korean divorce law—as renvoi directs the case back to Korea.
Understanding how renvoi works is essential for couples of different nationalities, as it can affect which country’s laws govern their divorce. While your nationality may suggest that your home country’s laws should apply, the actual choice of law process may ultimately lead back to Korean law. This is why it’s important to consult with an experienced Korean divorce lawyer who understands these complex international legal principles.
For more information on how renvoi and choice of law might apply in your case, check out our in-depth articles, here and here.
Types of Divorce under Korean Law
Korean law recognizes two types of divorce, both of which can be handled effectively with the assistance of a Korean divorce lawyer:
Divorce by Agreement
Under Korean law, you can divorce by mutual agreement. In cases of divorce by agreement, the court does not question the reason for the divorce. There is no judicial review involved. Instead, the court verifies the genuine intent of both parties to divorce.
However, it should be noted that when both parties are foreigners, they cannot use divorce by agreement. They must go through a divorce by court order.
Additionally, some countries do not recognize non-judicial divorces from foreign jurisdictions. This means that even if you are a foreign national married to a Korean citizen, it may be safer to pursue a divorce by court order rather than by mutual agreement. Doing so ensures that the divorce will be recognized in both Korea and your home country, avoiding potential legal complications down the road.
Divorce by court order
When a couple cannot reach an agreement on the terms of their divorce, the spouse seeking dissolution must file a petition for a judicial divorce. This process involves the court stepping in to decide whether the divorce should be granted based on the evidence and arguments presented by both parties during the trial.
The judge will carefully review the grounds for divorce as outlined under Korean law, considering each party’s claims before making a ruling. While this may sound like a drawn-out legal battle, it’s important to note that many divorce cases in Korea are settled during the court proceedings, as both sides often prefer to avoid a lengthy trial.
International couples can also use the judicial divorce process, even when they’ve already agreed to divorce. As the divorce is uncontested, the process becomes relatively simple, and they can get a divorce decree very quickly.
Furthermore, if the foreign spouse hires a Korean divorce lawyer, neither party needs to appear in the Korean court. Typically, it takes one to two months to obtain the divorce decree.
By choosing the judicial divorce route, international couples can resolve their divorce efficiently, even from abroad, while ensuring all legal requirements are properly met in Korea.
What Are Legal Grounds for Judicial Divorce in Korea?
Unlike some countries, Korean divorce law does not recognize no-fault divorce, meaning that when a divorce is contested, the spouse seeking dissolution must prove that there are justifiable legal grounds. These grounds are outlined in Article 840 of the Civil Code, which specifies the following reasons for judicial divorce:
- Unchastity – If the other spouse has committed an act of unchastity.
- Abandonment – If one spouse has been maliciously deserted by the other spouse
- Maltreatment – If one spouse has been extremely maltreated by the other spouse or his or her lineal descendants
- Maltreatment – If one spouse’s linear ascendants have been extremely maltreated by the other spouse
- Disappearance – If the death or life of the other spouse has been unknown for 3 years; or
- Other Serious Reasons – If there exists any other serious cause for making it difficult to continue the marriage.
Interestingly, the most frequently cited cause for divorce in Korean courts is Section 6, the catch-all category. While Korea does not have a no-fault divorce system, many judges will grant a divorce when they find that the marriage is irretrievably broken, even if neither spouse is clearly at fault. This is where Section 6 becomes relevant.
The term ‘irretrievably broken‘ can refer to various issues—such as financial problems, personality conflicts, or anything that make it reasonably impossible to maintain a normal marital life. In practice, this gives Korean courts some flexibility in granting divorces, even though the law technically requires fault-based grounds.
It’s also worth noting that if your spouse does not contest your divorce claim, the judge will grant the divorce without questioning the existence of justifiable divorce grounds. This is why many divorce lawsuits are settled in Korean divorce courts.
Can a Cheating Spouse Get a Divorce Decree?
Under Korean divorce law, courts generally do not permit the spouse who is responsible for the breakdown of the marriage—often due to infidelity—to claim for a judicial divorce. This principle is based on the idea that the person at fault should not benefit from their wrongdoing. The Korean court consistently confirms that if one spouse has caused the breakdown of the marriage through cheating, they are disqualified from filing for divorce.
However, there are exceptions to this rule. One notable exception occurs when the cheating happened after the marriage had already irretrievably broken down. In such cases, the court considers whether the marriage was effectively over before the cheating occurred.
Another exception is when the other spouse also wants a divorce but refuses to agree out of spite or revenge. If the court determines that the refusal is unreasonable or vindictive, it may make an exception and grant the divorce, even if the request comes from the spouse who cheated.
What Are the Key Issues Involved in Divorce in Korea?
When going through a divorce in Korea as a foreigner, it’s important to understand that the legal process involves more than just ending your marriage. Several other key issues come into play, including property division, child custody, child support, visitation rights, and consolation money(compensation for emotional distress). Each of these areas can significantly impact your post-divorce life, so it’s crucial to review them carefully.
Read More: How Do the Korean Courts Determine the Child Support Amount?
Under Korean divorce law, the court will divide the marital assets if the parties cannot reach an agreement. Unlike in some countries, Korea does not follow a community property system, where assets are split 50/50. Instead, Korean law ensures a fair distribution based on the contributions each spouse made to the marriage, whether financial or non-financial. For a deeper dive into how this process works, check out our detailed article on property division in Korea.
Read More: An Overview of Claim for Division of Property under Korean Divorce Law
One way to protect your assets from potential disputes during divorce is by entering into a prenuptial agreement before you get married. A prenup can outline how property should be divided, which may provide peace of mind. However, it’s important to note that prenuptial agreements hold limited legal weight under Korean law. Therefore, if you’re considering this route, it’s highly advisable to consult with a Korean divorce lawyer who can guide you through the legal intricacies.
Read More: Prenuptial Agreement under Korean Law
How Quickly Can I Get a Divorce in Korea?
The timeline for getting a divorce in Korea largely depends on whether the divorce is contested or uncontested. If both parties agree to the divorce and settle key issues such as property division, child custody, and support, the divorce can be finalized within 1-2 months. In cases of contested divorces, it can take 9-12 months to get the ruling from a court of the first instance, depending on the complexity of the case.
While the legal process can feel lengthy, working with a skilled Korean divorce lawyer can help streamline the process. An experienced lawyer will ensure that all legal matters are properly handled, and they can guide you in navigating the system efficiently to avoid unnecessary delays.
Read More: How Fast Can a Divorce Be Finalized in Korea?
Can I Stay in Korea on a Korean Spouse Visa (F-6) after Divorce?
For foreigners in Korea on a Korean Spouse Visa (F-6), divorce can have significant implications on your residency status. Generally, an F-6 visa becomes invalid once the marriage ends, but there is an important exception: you may be able to stay in Korea with an F-6 visa even after divorce if your Korean spouse is found liable for the breakdown of the marriage.
Many foreign spouses, in an effort to avoid further stress, may be tempted to quickly sign a divorce agreement, assuming it’s the easiest way out. However, if your goal is to stay in Korea after the divorce, especially if the divorce is due to your Korean spouse’s misconduct, divorce by agreement is not the best option. This is because an agreed divorce does not establish fault or liability, which is crucial for the Korean immigration office when renewing your F-6 visa.
That said, our Korean divorce lawyers always advise our foreign clients to pursue either a divorce mediation or a divorce trial. These processes allow the court to officially certify that the Korean spouse is responsible for the divorce. With this court decree in hand, you can submit the necessary documentation to the immigration office, which may grant an extension of your F-6 visa.
Moreover, in some cases, foreign spouses may even become eligible to apply for a permanent residency visa once certain additional requirements are met.
Will a Korean Divorce Be Recognized in My Home Country?
Whether your Korean divorce will be recognized in your home country depends on the laws of that country. It’s always a good idea to consult with a lawyer in your home country regarding the recognition of foreign divorces. It is known that many countries, including the United States, Canada, and Japan, generally recognize divorce decrees issued by the Korean court.
For example, in the United States, divorce decrees from Korean Family Courts are typically recognized in state courts under the principle of comity. This means that the Korean divorce decree is valid in your country so you don’t need to file for divorce in your country all over again.
On the flip side, the Korean courts also recognize foreign divorce decrees, as long as certain legal requirements are fulfilled. For example, the Korean court has previously recognized and granted the enforcement of a child support ruling from Washington state. This illustrates the reciprocity between legal systems when it comes to family law matters, such as divorce and child support.
Annulment and Marriage Revocation in Korea
In addition to divorce, Korean law also recognizes annulment and marriage revocation as legal means to dissolve a marriage. These are distinct from divorce and apply in specific circumstances where the marriage itself may be deemed invalid from the start.
An annulment is a legal declaration that a marriage was never valid to begin with, due to the nonexistence of intent to enter into a marital relationship. In other words, if it can be proven that one or both parties never truly intended to be married, the annulment voids the marriage as if it never occurred.
On the other hand, marriage revocation can apply when certain onditions such as fraud, coercion, or incapacity at the time of marriage nullify the legality of the union. For example, if one spouse was coerced into the marriage or misled about a critical fact, the court can revoke the marriage, effectively canceling it.
If you’re considering an annulment or revocation of marriage in Korea, we encourage you to read our detailed article titled “(Q&A) I Want to Know about Annulment and Revocation of Marriage under Korean Law“.
FAQs
Q: Can’t I Divorce Unless My Spouse Agrees?
A: No, you can still divorce even if your spouse disagrees with the divorce. You have to file for judicial divorce. You and your Korean divorce lawyer should persuade the Korean judge to render a divorce decree in your favor.
Q: Can I get a divorce in Korea if my spouse is living abroad?
A: Yes, Korean courts may allow you to proceed if certain conditions are met.
Q: How long does it take to get a divorce in Korea if uncontested?
A: If both parties agree, a divorce can be finalized within 1-2 months.
Q: What are the visa implications of divorcing in Korea?
A: Usually, an F-6 visa becomes void after a divorce, but exceptions apply if your spouse is found at fault.
Conclusion
Navigating the complexities of divorce in a foreign country can feel overwhelming, especially when faced with unfamiliar legal systems and procedures. However, with the right legal guidance and a clear understanding of the process, it doesn’t have to be. Whether you’re dealing with jurisdiction issues, divorce cause, visa concerns, or exploring options like annulment or marriage revocation, having an experienced Korean divorce lawyer by your side can make all the difference. By seeking the proper support, you can approach your divorce with confidence and ensure that your rights are fully protected throughout the process.
Why Choose Us?
Our experienced team has been assisting foreign clients in international divorce cases for over 15 years. Additionally, we are the first Korean lawyer to provide internet articles on Korean divorce laws for foreigners, making us a trusted source for international divorce matters.
For more information or to speak with an experienced Korean divorce lawyer specializing in international cases, click the contact button below. Let us help you take the next steps confidently and with peace of mind.
You can also find a stack of legal information and articles on Korean family law, written by a Korean licensed lawyer, by clicking here.
© 2024 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.
Can my korean husband divorce me alone without my consent?
Yes, if he can prove you are liable for the marriage break up.
Also yes, if he doesn’t know your whereabouts, he can get a divorce decree without your involvement. This is called an ex-parte divorce. The party can file an appeal against the ex-parte divorce decree within 14 days after s/he finds out the decree had been rendered without her/his knowledge.
I was sceptical at first. Especially when I had to sent personal information and wire transfer the fee to another country. I wasted a lot of money in California to get a divorce and whished to have the research done earlier to pick this law firm. My previous California lawyer did not get me anywhere and after 9-month my divorce was still stuck in the California court system. Your law firm promissed me a timeline, kept the timeline, and I am divorced in the timeline you promissed. Thanks!
Note: Highly encourage to use this law firm if you want results—not fake promisses!
My Korean wife and I live in Latin America. We were married in Korea. She has been unfaithful and I want a divorce.
Can I apply for it in an embassy outside of Korea?
No, you cannot. The divorce proceedings through any Korean embassy is allowed when the parties are both Koreans. Thus, you should bring your divorce case to your local court. In a situation where she comes back to Korea, you are able to file a divorce complaint with the Korean Family Court.
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
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.
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?
Can the custody of a child be shared among the parents?
Thanks
Yes, it can be shared.
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.
Hello, I’ve just sent a reply to your email. Thanks
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).
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?
Dear Chung & Partners
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?
Dear Jane: Thanks for visiting our website. We’ve just sent you an email with some information responding to your inquiries.
helow
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..
An email was sent to you. Thanks.
Hello
I have same situation as her, can you reply to me
Thanks
Chung & Partners.
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, 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…
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.
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.
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 came from or 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.
Chung & Partners
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 clause 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.
Chung & Partners
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.