The Grounds to Divorce a Korean Spouse in South Korea

Divorce is never an easy decision to make, and it's vital to ensure that you're aware of the grounds and procedures required before starting the process. In South Korea, there are specific grounds for divorce that must be met before a court will grant the divorce.

The following are generally accepted grounds for divorce in South Korea:

1. Adultery: Korean law considers adultery as a crime, and it's one of the most common grounds for divorce. The court will only allow the divorce if either spouse has committed adultery.

2. Abandonment: If one spouse deserts the other spouse for more than a year without any valid reason, the abandoned spouse has the right to request a divorce.

3. Mental or Physical Cruelty: If the spouse has been physically or mentally abusive towards the other spouse, grounds for divorce can be established.

4. Imprisonment: If one spouse is imprisoned for a period exceeding three years, the other spouse has the right to request a divorce.

5. Separation: If the spouses have lived separately without any cohabitation for three years, the spouse who initiates the suit can request a divorce.

In addition to these grounds, divorce can also be granted if there are other legitimate reasons. However, it's always advisable to seek the advice of a competent legal practitioner in such cases.

The procedure for divorce in South Korea is complicated and must be completed by a certified Korean family law attorney. The key steps involved are:

1. Draft the divorce petition and submit it to the court.

2. Attend the first court hearing with your attorney.

3. Attend family court mediation.

4. Attend the second court hearing.

5. Receive the finalized divorce settlement from the court.

In summary, the decision to divorce a Korean spouse is one that must be made with careful consideration of the consequences. Before filing for divorce, it's essential to understand the grounds and procedures required. Seeking the advice of a competent legal practitioner is crucial in this regard.

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