Divorce in Korea is governed by the Civil Act and the Family Litigation Act. What you can claim, and by when, depends on the matter.
| Provision | Matter | Rule / deadline |
|---|---|---|
| Civil Act Art. 836-2 | Cooling-off period for agreed divorce | 3 months with a minor child, 1 month otherwise |
| Civil Act Art. 840 | Grounds for divorce by lawsuit | Six statutory grounds, incl. infidelity and a serious reason making marriage impossible |
| Civil Act Art. 841 | Divorce on grounds of infidelity | Within 6 months of learning of it and 2 years of the act |
| Civil Act Art. 839-2 | Property division claim | Within 2 years of the divorce |
| Civil Act Art. 766 | Consolation money, incl. against an affair partner | Within 3 years of learning of the damage and the person, 10 years of the act |
| Family Litigation Act Art. 19 | Appeal against a divorce judgment | Within 14 days of service of the judgment |
If both spouses agree, you can divorce by both appearing at the Family Court. With minor children, you must also agree on custody and child support.
Cooling-off period: 3 months with a minor child, 1 month otherwise
An agreement on property or money should be put in writing, and where possible in an enforceable form.
If one spouse does not agree, the court decides whether a statutory ground for divorce exists. Most cases go through mediation first.
Six statutory grounds under Civil Act Art. 840
A spouse mainly responsible for the breakdown is, as a rule, not allowed to demand divorce, with some exceptions recognised by the courts.
Property built up during the marriage is divided according to each spouse's contribution, including homemaking and childcare.
Claim within 2 years of the divorce
If you fear assets will be disposed of, a provisional attachment should be applied for before or together with the lawsuit.
The court decides who raises the children by the child's welfare. Child support is set with reference to the court's child support guidelines.
Decided by the child's welfare; support per the court guidelines
If a parent plans to take the child abroad, it should be settled in the agreement or judgment in advance.
A spouse responsible for the breakdown can be ordered to pay consolation money, and a spouse's affair partner can also be sued for damages.
Within 3 years of learning of the damage and the person
Recording others' conversations, installing spyware or entering the partner's home can itself be a crime. Collect evidence lawfully.
Where there is violence, you can seek protection orders such as keeping the spouse away from you and the children, alongside the divorce.
Protection orders under the Domestic Violence Punishment Act
Your safety comes first. Protection orders can be requested before the divorce is decided.
This site provides general legal information, not advice on any specific case. Outcomes depend on the facts of each case.
DIVORCE · FAMILY LAW · KOREA