When you divorce under Korean law, there are subsequent legal 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 acquired 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. The most common ratio is 50:50. But when the time of marriage is very short and the value of the assets is high, (more…)
Q) I’m a U.S. citizen married to a Korean woman having one child. Currently, we live apart and our child’s living time is split between us. I wouldn’t mind this situation if I knew she could be trusted to care for him safely and properly. But she can’t do this. I’m incredibly worried about his present safety and his emotional development. We have the papers but she won’t sign them, she uses our marital situation to manipulate me. Is there any way I can file for divorce without her consent? If so, where can I do this? Also, what would I need to do to obtain sole parental authority after the divorce?
A) If she keeps refusing to sign the divorce agreement, you have no choice but to file a divorce lawsuit with a Korean court that has jurisdiction over the residence where she resides in order for the divorce to be finalized in Korea. Of course, (more…)