Blog, Divorce

As a foreigner in Korea, getting a divorce can be a challenging or overwhelming experience, especially when kids are involved or if you are looking to keep your F6 visa. This article aims to help you find all the information you need so read on to find out more about getting a divorce in Korea.

Legal Grounds for Divorce in Korea

South Korea is a country that doesn’t recognize ‘no-fault’ divorces. When applying to a divorce that isn’t ‘by agreement’ and your spouse contests the divorce, the Korean divorce law becomes the governing law over your divorce case and you will need to prove the cause for your divorce. Below is an overview of all the legal grounds for divorce in Korea. 

1. If the other spouse has committed an act of unchastity
2. If one spouse has been maliciously deserted by the other spouse
3. If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants
4. If one spouse’s lineal ascendant has been extremely maltreated by the other spouse
5. If the death or life of the other spouse has been unknown for three years
6. If there exists any other serious cause for making it difficult to continue the marriage.

Let’s go over them one by one

1. Adultery or Act of Unchastity

The husband or wife can apply to the Korean family court for a divorce if their partner has cheated or committed an act of unchastity. Adultery (or cheating) and an act of unchastity are not the same in Korea. Adultery used to be a criminal act (until 2015) and refers to having sexual intercourse with someone who isn’t their spouse. An act of unchastity is broader than adultery and means any act violating marital fidelity. Find more info about adultery or act of unchastity in Korea here. 

2. Malicious Desertion 

Abandonment or desertion is another reason why a spouse can apply for divorce to the Korean family court. What falls under malicious desertion is when the husband or wife leaves the household and abandons their spouse, refuses to live with them or doesn’t support them financially. Going to military service, on a long business trip or leaving because one can’t stand the abuse anymore doesn’t fall under malicious desertion. Find more info about malicious desertion in Korea here.

3. Extreme Maltreatment (Grounds 3 & 4)

Domestic violence in Korea by a spouse or a lineal ascendant is another valid reason to apply for a divorce at the Korean family court. This used to be a rather common reason for divorce as many married couples commonly live with the in-laws and wives getting abused by parents-in-law is a serious social issue in Korea. Find more info about extreme maltreatment in Korea here. 

4. Death or Life of Spouse Unknown

If the location or life of the spouse is unknown for more than 3 years. The period starts from the last day it can be proven the spouse was alive. Find more info about life or death of spouse here.

5. Other

‘Other’ reasons for divorce are interestingly enough the most common causes for filing a divorce. Like stated above, Korea is a country that doesn’t recognize ‘no-fault’ divorces, because the court states that a guiltless spouse should not be forced into an unwanted divorce. Valid reasons that fall under this last category are financial issues, personality differences or anything that makes it impossible to have a normal marriage life.  Find more details about other reasons here.

Korean Divorce Lawyer

If you are not getting a divorce by agreement, it is highly recommended to hire a Korean speaking lawyer to help you represent your case, especially when you and your spouse can’t agree on the terms of the divorce.

When choosing a lawyer for your divorce case, make sure to hire a lawyer that speaks both English/Korean and is experienced in handling divorce cases. Seoul Law Group is here to listen to your side of the story, and carefully guide you through the proceedings: dividing the properties, deciding the child custody and child support, settling alimony and adultery compensation, etc.

Types of Divorce in South Korea

There are 2 types of divorces in Korea for both Koreans and foreigners married to Koreans. These types are 1) uncontested divorce or divorce by agreement, and 2) contested divorce or divorce by trial. There is a third type, divorce by mediation, which everyone needs to go through before getting a divorce by trial. 

1. Divorce by Agreement 

When both parties agree to getting a divorce in Korea, they can file their divorce from the Korean family court without having to provide a reason. The only thing the court looks at is the genuine intent of divorce from both parties. It is not possible to hire a lawyer when getting a divorce by agreement and both parties need to appear in court. 

It takes about 30 days to process the divorce by agreement without children and up to 3 months when children are involved. 

If you get a divorce by agreement, you can stay in Korea until your ARC F6 visa expires. 

2. Divorce by Trial  

A divorce by trial is applicable when one party doesn’t want to get a divorce or when both parties fail to reach a settlement or when a spouse is missing. All cases must go through mediation first and if a settlement can’t be reached, then the divorce case will be sent to court. 

In case the divorce goes to court, legal grounds for the divorce will need to be presented. The court will be the one who determines the division of assets, custody, child support, visitation right and other terms of the divorce. 

It is highly recommended to hire a Korean divorce lawyer to help with preparation of the documents in Korea and to attend hearings. It can take 6 months up to a year for the court to issue a divorce decree.

3. Divorce by Mediation

Getting a divorce by mediation is a mandatoryHowever, it is also the fastest and simplest way to get a divorce judgment from the court if the parties mutually agree on the divorce and also agree on the specific conditions of the divorce.

The parties do not need to appear in court by appointing an attorney. Even if the person is staying abroad, there is no need to enter Korea. SLG’s lawyers will discuss the terms of the divorce on your behalf, go to court, receive a divorce decree and put it down before you.

F6 Visa After Divorce in Korea

One of the most commonly concerns foreigners have when getting a divorce in Korea is what happens with their F6 visa. It is very important to keep your visa in mind when going through a divorce, especially if you are looking to stay in South Korea. 

Is it possible to keep your F6 visa?

Yes it is, but unless there are children involved, it can be rather difficult. You can keep your visa in the following cases: 

• You have children together and you won custody or have substantial visitation rights. In this case you can change your F-6-1 visa to F-6-2, and you can stay in Korea until the child reaches legal age. 
• The reason for the failure of marriage is 100% because of the Korean spouse. Please bear in mind that it’s very hard to prove that the fault lies completely with your spouse. 

If you want to keep your F6 visa after getting a divorce in Korea, it is highly recommended to hire a good Korean divorce lawyer, like Seoul Law Group, to help you make your case.

Children & Divorce

Getting a divorce when children are involved can get a bit complicated, especially when it comes to custody, visitation rights and child alimony. We’ll go over these topics one by one below: 

1. Child Custody Policies

Child custody in a divorce by trial is often granted to the parent that has been taking care of the child the most, not necessarily the mother. In South Korea, it is quite common for women to take care of the children, therefore in most cases custody is often given to the mother. 

When both spouses have been taking care equally of the child or when there is proof of violence, drinking, gambling, debts or other serious issues which prevent the mother of taking care of the child properly, there is a good chance that the man will get the custodial rights. 

2. Child Support in Korea

Alimony is decided when a divorce goes to trial based on the cost of raising a child and the combined income of the couple before divorce. Below you can see a chart published by the Seoul Family Court. 

The yellow column shows the age range of the child while the blue row is the combined income of the couple. The light yellow cells show the cost of raising a child based on it’s age and your income. 

Let’s have a look at an example: 

Imagine you have a 4 year old child and your combined income is 5,000,000 krw (yours is 2,000,000 krw and your partner earns 3,000,000 krw), this means the monthly cost of your child is 1,189,000 krw. Your share of the alimony will be ⅖ (475,600 krw) and your partner will pay ⅗ (713,400 krw) per month.

These are the standard calculations used in most divorce cases. However, it is possible that the court will ignore this table and propose a different way of dividing the child support. 

Read more about receiving child support after a divorce in South Korea here.

Compensation

Another commonly asked question regarding getting a divorce in Korea is alimony or support after getting a divorce. Alimony in Korea does not typically exist. But if the couple has been married for over 10 years, then the wife is entitled to 50% of the assets. 

If you are getting a divorce because you have been cheated on, it is possible to request compensation. There are three types of compensation in case of adultery. One, you committed adultery and you need to compensate, two, your spouse cheated on you and you need to be compensated, and three, you had intercourse with someone while they were already married and now their spouse is requesting compensation from you. 

Property Division

When it comes to property division in a divorce by trail, the court takes into account the age, occupations, reasons for divorce, contribution to the property when deciding the proportion for each party.

Only property acquired during the marriage and through contribution of both spouses can be divided. Individual property or property acquired before marriage or solely through effort of one party is not eligible to be divided during a divorce in Korea. 

International or Overseas Divorce

The Korean Family Court can process marriages which are not registered in South Korea (as long as it is registered abroad) or marriage between 2 non-Korean nationals (as long as you have spent part of your married life in Korea) or marriage with one of the partners living outside of South Korea. 

Frequently Asked Question

We hope this article about getting a divorce in Korea was useful for you and you found all the information you are looking for. If you have any questions or need any assistance, don’t hesitate to reach out to Seoul Law Group as we specialise in handling divorce cases in South Korea.