Divorce in South Korea is governed by Korean Civil Code and it is divided into two types. The first one is uncontested divorces which are also known as a divorce by agreement. This type of divorce, as the name implies, requires agreement of the husband and wife that they wish to divorce. The second type of divorce is the contested divorce also called as judicial divorce. This type of divorce is resorted to by spouses when one spouse asserts the spouse wishes not to divorce.
The divorce law in South Korea applies to spouses who are both Korean nationals, spouses whom one party is Korean and other party is a foreigner, and even to spouses who are both foreign nationals if one of the spouses, at least, resides in Korea and that they have significant connection to the country in order for the Korean Family Court to accept their application for divorce.
In the below table, the contrast and similarity between uncontested divorce and contested divorce is discussed in order to guide our readers about these two types of divorce in South Korea.
|Uncontested Divorce||Contested Divorce|
|The divorce decree is normally issued between one and four months from filing of divorce.||The length of time of the issuance of the divorce decree is unpredictable. In some cases, it may take six to 12 months for the court to issue a divorce decree. And the other party may also appeal the decision.|
|If the spouses are represented by lawyers, they are not required to appear before the court.||The spouses may be required by the judge to appear in court, however, in many cases appearance, in court, is not necessary|
|The spouses can agree to divorce, custody and monetary issues via agreement.||In a judicial divorce the court is the one that will determine the division of assets between the spouses, custody, visitation, child support, and other pertinent terms of the divorce.|
|No need to prove any grounds for divorce. It is sufficient that the divorce is by mutual consent of the parties.||Filing party must that his or her hands are more clean than the responding party and must, also, prove:|
– Unchaste act or sexual act outside of marriage;
– Malicious abandonment;
– Abuse by other spouse;
– Abuse by other spouse’s linear ascendant;
– The other spouse has been missing for three years and no one can establish whether he/she is dead or alive; and
– Other serious causes that make it onerous to continue the marriage
Are you interested for similar articles? Please read: Grounds for Divorce in Korea: Korean Divorce Law Basics, Getting a Divorce in Korea: Hire an English-Speaking Korean Divorce Lawyer? and Getting a Marital Separation Agreement in Korea: Divorce Checklist.
If you want to know more about Divorce in South Korea, you may schedule a No-Charge Initial Consultation with a lawyer: Please Schedule a Call.
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