Divorce in Korea: A Practical Guide for Foreigners
Divorce in Korea: A Practical Guide for Foreigners
If you are an expat living in Korea and considering divorce, navigating the legal system can be challenging. This guide outlines the essential procedures, timelines, and legal rights you need to know.
1. Types of Divorce in Korea
There are three primary ways to dissolve a marriage in South Korea:
1) Mutual (Uncontested) Divorce This is available when both spouses agree on the divorce and all related matters such as custody, support, and property.
The Cooling-Off Period: Once you apply, the court mandates a waiting period of 3 months if there are minor children, or 1 month if there are no children.
Requirement: Both spouses must appear in court together at least twice for the application and the final confirmation.
2) Mediated Divorce (Jo-jeong) Often considered the most efficient route for expats, spouses negotiate through the court’s mediation committee.
Pros: You do not have to appear in person if you hire a lawyer. It is faster than a trial and results in a Mediation Report, which has the same legal power as a court judgment.
3) Judicial (Contested) Divorce If an agreement cannot be reached, one spouse must file a lawsuit. Korea follows a fault-based system, meaning you must prove one of the legal grounds under Article 840 of the Civil Act, such as infidelity, malicious abandonment, or extreme maltreatment.
2. Property Division and Consolation Money
Property Division: Assets acquired during the marriage are divided based on each person’s contribution. This includes housework and childcare, so even a stay-at-home spouse can claim a significant share, often 30 to 50 percent depending on the marriage duration.
Consolation Money (Wizaryo): This is not alimony in the Western sense, but damages for emotional distress paid by the spouse at fault. Typical awards range from 10 million to 50 million KRW.
3. Child Custody and Support
The court’s primary concern is the well-being of the child.
Support: The non-custodial parent is required to pay monthly child support until the child reaches age 19. The amount is determined by the parents' combined income and the child’s age.
Visitation: Usually granted twice a month, such as every second and fourth weekend.
4. Immigration Status (F-6 Visa)
Divorce significantly impacts your right to stay in Korea:
With Children: If you are the primary caregiver or have custody of a Korean child, you can usually renew your F-6-2 visa.
Without Children: To keep your F-6 visa after divorce, you must prove that the Korean spouse was entirely or primarily responsible for the marriage breakdown. If the divorce is purely mutual and you have no children, the visa is typically not renewable.
5. Estimated Timelines
Mutual Divorce (No Kids): 1.5 to 2 Months
Mutual Divorce (With Kids): 3.5 to 4 Months
Mediated Divorce: 2 to 5 Months
Litigation (Trial): 6 to 12 Months or longer
6. Required Documents
Marriage Certificate
Family Relation Certificate and Resident Register
Passport and Alien Registration Card (ARC)
Evidence for property contribution or spouse's fault
Note: Foreign documents must be translated into Korean and may require an Apostille.
7. Practical Tips
English-friendly legal counsel: Communication is key, especially in mediation where nuances matter.
Secure Evidence Early: In a contested divorce, screenshots, bank records, and recordings are vital.
Consider Mediation: It is often the most efficient route for foreigners to settle discretely without multiple court appearances.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Please consult with a qualified legal professional regarding your specific situation.
Contact for Consultation
If you need legal assistance regarding divorce in Korea:
📞 Direct Line to Attorney : 010-2314-9122
💬 WhatsApp : +82-10-2314-9122
🟡 KakaoTalk Channel Chat: http://pf.kakao.com/_xjtixhX/chat
Consultation available in English.
Please briefly describe your situation when contacting.
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