Understanding Divorce in South Korea: Types, Process, and Legal Challenges

 

Understanding Divorce in South Korea: Types, Process, and Legal Challenges


Divorce in South Korea has become increasingly common due to changing social norms and evolving legal frameworks. While divorce was once considered a taboo topic, more couples today are choosing to separate when faced with irreconcilable differences. However, the process can be complex, involving legal, financial, and emotional challenges. This article explores the types of divorce, legal requirements, asset division, child custody, and common challenges faced during divorce in South Korea.

Types of Divorce in South Korea

South Korea recognizes four main types of divorce:

1. Divorce by Mutual Agreement (협의이혼 - Hyeobui Ihon)

  • The most straightforward type of divorce.
  • Both spouses must agree on key aspects such as asset division, child custody, and alimony (if applicable).
  • The couple must submit a written divorce agreement to the Family Court.
  • There is a mandatory cooling-off period (1 month for couples without children, 3 months for those with children) before the divorce is finalized.
  • Both parties must attend a court hearing to confirm their decision.

2. Judicial Divorce (재판상 이혼 - Jaepansang Ihon)

  • If one spouse refuses to agree to a divorce, the other must file for divorce in Family Court.
  • The petitioner must provide legal grounds for divorce, such as:
    • Adultery (though no longer a criminal offense, it can be cited as a reason for divorce).
    • Abuse or Domestic Violence (physical, emotional, or verbal abuse).
    • Desertion (abandonment by a spouse).
    • Severe financial irresponsibility (e.g., gambling, excessive debt).
    • Separation for more than three years without reconciliation.
  • The court will decide on child custody, alimony, and asset division based on the circumstances.

3. Mediated Divorce (조정이혼 - Jojeong Ihon)

  • If a couple cannot agree on the terms of their divorce, they may enter court mediation before proceeding with a full judicial divorce.
  • A judge or mediator helps both parties negotiate an agreement, reducing the need for a long and expensive court battle.

4. Divorce by Default (공시송달 이혼 - Gongsi Songdal Ihon)

  • If one spouse cannot be found or refuses to participate, the court may proceed with the divorce.
  • The petitioner must prove that they made reasonable efforts to notify the other spouse.
  • The court may approve the divorce after legal notification requirements are met.

Legal Requirements and Procedures

Step 1: Filing for Divorce

  • If it is a mutual divorce, both parties file a divorce agreement at the Family Court.
  • If it is a judicial divorce, one spouse must file a divorce petition and provide supporting evidence.

Step 2: Mandatory Cooling-Off Period

  • This applies only to mutual divorces. The court enforces a waiting period of 1 to 3 months before granting the final divorce.

Step 3: Court Hearing

  • Both parties must attend a hearing to confirm their decision.
  • If custody or asset division is disputed, additional hearings may be required.

Step 4: Issuance of Divorce Certificate

  • After final approval by the court, the divorce must be registered at the local district office (gu-cheong / 군청) within one month.

Key Legal Considerations

1. Child Custody and Support

  • The court prioritizes the child’s best interests when awarding custody.
  • Joint custody is rare—one parent is usually given full custody.
  • The non-custodial parent must pay child support based on their financial status.
  • A parent can request visitation rights through the court.

2. Division of Assets and Property

  • South Korea follows the marital property system, meaning assets acquired during the marriage are subject to division.
  • Assets owned before marriage remain the personal property of the original owner.
  • Key factors the court considers:
    • The length of the marriage.
    • Each spouse’s financial contribution.
    • Whether one spouse sacrificed their career (e.g., to raise children).
  • If one spouse refuses to share assets, the other can request a court-ordered investigation.

3. Alimony and Compensation

  • Unlike in some Western countries, alimony (spousal support) is rare in South Korea.
  • Alimony is only granted if one spouse suffered significant financial damage due to the marriage.
  • A spouse can sue for compensation (위자료 - Widae-ryo) if they were harmed by infidelity, abuse, or financial deception.

Common Challenges in Divorce Cases

1. Cultural and Social Stigma

  • Despite rising divorce rates, divorced individuals (especially women) may face social stigma in workplaces and family settings.
  • Some parents pressure their children to avoid divorce due to family honor.

2. Parental Rights and Custody Disputes

  • Fathers may struggle to gain custody as courts often favor mothers in custody decisions.
  • In cases of international marriages, custody battles can be even more complicated.

3. Financial Disputes

  • One spouse may try to hide assets to avoid fair division.
  • If one spouse was a homemaker, they may face financial hardship after divorce due to a lack of income.

4. Delays in Court Proceedings

  • A contested divorce can take 6 months to 2 years to finalize, depending on the complexity of the case.


Divorce in South Korea is becoming more common, but it remains a complex legal and emotional process. While mutual divorces are the easiest way to separate, judicial divorces can be lengthy and challenging. Understanding the types of divorce, asset division, and child custody laws can help individuals make informed decisions. Seeking legal advice and emotional support is essential for a smooth transition.

If you are considering divorce in South Korea, it is advisable to consult a family lawyer to understand your rights and obligations.

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