Ask Korea Law

Published by Chung & Partners Since 2008


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(Q&A) Can I Divorce Through the Korean Court While My Wife Lives in Korea and Me in the U.S?

Q) I’m an American and my wife is Korean. She is living in Korea and I have returned to the USA. We have agreed to divorce. However I can’t go back to Korea just to sign the papers. Is it possible to have her do it? Or have her email me the divorce agreement for me to sign and return to her?

A) There are two types of divorce in Korea.  One is a divorce by agreement and the other one is a divorce by judgment.  When people agree to divorce, there is no need to file for a divorce by judgment.  A divorce judgment is a judicial judgment which basically requires a court hearing, review and judgment.

There is one particular situation, however, when a divorce by judgment is required even when the divorce is uncontested.  That is when one spouse doesn’t reside in Korea.

The divorce by agreement in Korea requires the both parties to reside within Korea.  The judge needs to confirm the genuine intent of divorce by meeting up with the couple at the courthouse.  Thus, when one spouse lives abroad like you, the court cannot process the application for divorce.

You might wonder if Continue reading


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Introduction to the Property Division and Consolation Money Claim under the Korean Divorce Law

When you divorce under Korean law, there are the matters of property division and consolation money.

A property division is a legal right of any spouse who is divorced under the Korean law.  Some people think a spouse at fault is not awarded this right, but that is not true.  There was a court case where even a spouse who cheated on the wife can claim for property division.

The subject of division is any and every marital asset acquire and/or maintained during the marriage.  The debts are also divided.

When dividing the marital asset, the Korean court will decide and apply the contributor share of each party in the course of acquiring and maintaining the marital assets regardless of whose name is on it.  Most common ration is 50:50.  But when the time of marriage is very short and the value of the assets is high, Continue reading


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(Q&A) I Want to Know More about Annulment, Marriage Revocation and Divorce under Korean Law

Q) I am seeking a Korean divorce lawyer for my divorce case against my Korean wife.  She lives in Seoul, Korea.  I am American and live in California.  We had a wedding ceremony in California.  We visited South Korea right after the ceremony to file a marriage report with the Korean local government office in Seoul.  However, things didn’t go well.  She left and we started a separation right after the report.  We lived together only for a week.  She had some bipolar issue and that caused lots of stress to our relationship.  I was not 100% sure when filing the marriage report. I am wondering if i can file for an annulment or a divorce in Korea.

A) First of all, assuming your wife has a habitual residence in Korea, the Korean family law shall apply here.

Under Korean law, annulment and revocation of marriage are recognized.  I think, however, annulment and revocation/cancellation of marriage claims are not easy to be established here.

Under the Korean law, the annulment requires a lack of genuine intent of marriage.  It seems, however, that you agreed to file the marriage report, which is the strong evidence that you had a genuine intent of marriage.  Of course, this intent is reviewed and decided at the time of the marriage report, not later. Continue reading


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How Fast Can a Divorce Be Finalized in Korea?

Divorce could be one of the hardest decisions that people make during their entire life.  If people decide to divorce, one question they might ask their Korean divorce lawyer is how long it will take to get the divorce decree from the Korean Family Court.  The short answer to this question is that it depends, the magic phrase that the lawyers would love to use in almost every dialogue.  The thing is, however, that it really depends on various factors, especially what types of divorce they are going through.  It could be a contested divorce or an uncontested divorce, which requires totally different approach and care.

If it is an uncontested divorce which means the parties have been able to agree about all the issues involved in a divorce such as custody, child support, visitation, property division and consolation money, the divorce decree can be obtained within 1 to 2 months.  That is pretty fast compared to other countries.  The parties don’t need to appear at the court so long as a Korean divorce attorney takes care of the case.  That is how our office in Seoul has been handling the uncontested divorce cases.

If the divorce is contested, it requires more time for the Korean Family Court to render a divorce decree.  It should go through several hearings and extensive arguments between the parties. Continue reading


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(Q&A) International Divorce in Korea: Jurisdiction, Governing Law, Asset Distribution and Immigration Issues

Korean LawyerQ) I am a US citizen with a Korean spouse.  We married in Seoul and then went to America where we have been since.  I have been a NJ resident.  Korean spouse abandoned me in 2018 and went to live with her friend in Maryland.  Korean spouse states that she wants a divorce and insists she is entitled to all of my monies in Korea.  My options are to file for divorce in New Jersey or Maryland.  I also want to see what Korean court can do.  Ideally I would want to get the F-6-1 visa in Korea as well as ensure my stake in the Korean property.

A) Here you have two main issues correlated with an international divorce: an international jurisdiction and a governing law.

If your wife has any registered address in Korea, the jurisdiction would not become an issue.  However, as I understand she is residing in Maryland, it would be become an issue whether a Korean court could exercise a jurisdiction over two persons who are now living in Korea.

In this regard, the Private International Act(“PIA”) provides that the Korean court shall have the international jurisdiction when a party or a case in dispute is substantially related to South Korea.  This means the residence Continue reading


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Paternity, Child Custody, Visitation and Child Support under Korean Law

We have received many inquires regarding the child support obligation and custody/visitation rights under the Korean law.  Some cases are related to the divorcing parties and some to the unmarried couples who had babies during the relationship.

In case of unmarried couples, the birth father has no parental rights and obligations until his paternity is established in Korea.  That can be done in 2 ways.  One is to report himself as the father with the Korean local government and the other one is a filing a paternity suit.

When the parental relationship is established by either way, the parties need to agree on the matters of child custody, visitation and child support.  The same goes for the divorcing couple.  When it is hard to reach an agreement, Continue reading


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[Q&A] Can I Enforce My Washington State Child Support Ruling in Korea?

(Question) I have a question regarding my current situation with my ex husband. He is a Korean national and working there in South Korea.  I lived there until 2014 when I came back to Washington and filed a divorce complaint here. Since then he has refused to speak with me.  This year my US lawyer duly served him with the paper but he just kept ignoring it.  At any rate, I got a divorce decree and child support ruling for my baby this April.  Now I am wondering how I can enforce my US ruling in Korea, knowing that he is living a  luxurious life and feels that he can just ignore his child and the responsibilities that come with it.

(Answer) I have to say there is something unclear in this case.  If the court proceedings in Washington(WA) court have been duly made, i.e. (i) the WA court had proper jurisdiction and (ii) he was duly served, you can apply for its execution in Korea to the Korean court. Otherwise, you may initiate whole process de nuvo in Korea.  The second threshold seems to have been met here. Thus, the real issue here rather be the first one.

Please note that the jurisdiction must be acknowledged in the view of Korean law, not WA law. Thus, even though the WA ruling says the WA court has a proper jurisdiction, the Korean court will Continue reading