Foreigners may file, in most cases, for divorce in Korea if one party to the divorce resides in Korea r the parties agree to the jurisdiction of the Korean Court. Korean does not restrict those under SOFA, diplomats and non-permanent residents from filing divorce in Korea. However, if the non-filing party to a divorce wishes to stay married, the filing party must prove that his or her hands are cleaner than the non-filing spouse and must establish adequate grounds for divorce. The Grounds for Divorce in Korea are noted below.
In most cases of foreigners divorcing, it is advisable to find a proactive Korean Divorce Lawyer. The reality is that few divorce lawyers in Korea are proactive and experienced English-speaking divorce lawyers. The English language capability coupled with experience, often, becomes and issue in finding adequate English-speaking Korean divorce lawyers for foreigners in Korea.
Please shop around and make sure you feel comfortable with the attorney. You can contact us at: email@example.com or via our Contact Page above.
Grounds for Divorce in Korea
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:
1. If the other spouse has committed an act of adultery;
2. If one spouse maliciously deserted the other spouse;
3. If one spouse has extremely maltreated the other spouse or his or her lineal ascendants;
4. If one spouse’s lineal ascendant has extremely maltreated the other spouse;
5. If the death or life of the other spouse has been unknown for three years; and
6. If there exists any other serious cause for making it difficult to continue the marriage.
Korea Family Court Judges has, in recent years, have been more willing to grant divorces in contested cases.
Sean may be contacted at: SeanHayes@ipglegal.com
Known for his proactive street-smart advice & non-conflicted advocacy, NY Attorney Sean Hayes works with leading retired Korean judges, prosecutors and experienced Korean attorneys in leading contentious and transactional matters in Asia. First non-Korean lawyer employed by the Korean Court System. SeanHayes@ipglegal.com
- Grounds for Divorce in Korea: Judicial Divorces in Korea
- Getting a Divorce in Korea: Hire an English-Speaking Korean Divorce Lawyer?
- Divorce/Family Lawyers in Korea: Korean Divorce Explained by U.S. Military
- Getting a Divorce in Korea Explained by U.S. Military
- Does Korea have Common Law Marriage?: Korean Common Law Marriage (De Facto Marriage) Basics
- Getting a Marital Separation Agreement in Korea: Divorce Checklist