Types of Divorce in Korea

There are two types (or we can break it down to three) of Divorce in Korea as follows:

1. Divorce by Agreement (협의이혼)

Upon reaching an agreement by both parties over the terms and conditions such as (i) property division (재산분할), (ii) compensation for mental damages (위자료), and (iii) parental rights and child custody (e.g. child support costs & visitation rights); parties can apply for Divorce by Agreement. However,this process requires a 'consideration period' (숙려기간) of three months (in case parties have a child); and parties need to physically attend the meeting at least twice. The whole process takes about 2-5 months including the consideration period.

2-1 Divorce by Trial (소송이혼)

In case parties do not reach an agreement; or one of the parties does not want to get divorced; a party can file a lawsuit to seek for a Divorce by Trial. There are six (6) conditions (or causes) to get entitles to file a lawsuit of Divorce by Trial as below in accordance with [Civil Act]:

Article 840 (Causes for Judicial Divorce)

Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs: <Amended on Jan. 13, 1990>

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.

The overall process takes about six months to a year prior to the verdict made by the court.

2-2 Divorce by Mediation (조정이혼) (as a sub-process of Divorce by Trial)

Mediation is a mandatory process once the Divorce by Trial is filed to the court. Since it does not require consideration period as Divorce by Agreement; it is a practical measure for parties who wants to complete the divorce with immediate effect, and have already reached upon the terms and conditions of divorce such as (i) property division, (ii) compensation amount for mental damages ((i) and (ii) can get be combined under a broad concept of the “Damages”), and (iii) parental rights and child custody. 

The overall process takes less than a month in case Parties reach to an agreement in details of terms and conditions.

please contact Seo Yun Jung (syjung@nhanyang.com) for any further queries; a K-Laywer4U at New Hanyang Law Firm (nhylaw.co.kr)