Living in Daejeon

International Divorce in Korea

There are two types of divorce in Korea. One is divorce by agreement, the other is judicial divorce.

Divorce by Agreement

The parties seeking a divorce by agreement should mutually agree to divorce. Prior to filing for the divorce, the two parties are required to attend a counseling session at the Family Court. For those without children, the waiting (or “cooling down”) period is 1 month from the date the papers are filed; while for those with children, this period is 3 months. ※ The couple is notified by the Family Court of a date when a meeting with a judge is arranged. After meeting the judge and discussing the surrounding circumstance, the judge will issue his or her ruling. The divorced couple will be given a copy of all the documents each, and one party must report it to the Gu (District) office to validate the divorce.

According to Civil Act, Article 217, divorces between a Korean national and a foreign national that have taken place abroad are legitimate in Korea, and shall have the same jurisdiction. A report of the divorce must be translated and the reported for it to be valid.