The following is a basic explanation of the types of divorces in Korea. Under Korean law, there are two types of divorces. One is divorce by mutual agreement, and the other is divorce by court order. We advise, in all but the most exceptional of matters, to engage a lawyer in Korea to obtain a divorce by court order (judicial divorce) and forgo a divorce by mutual agreement to ensure that the divorce is recognized in all foreign jurisdictions.
Korean Divorce by Agreement
The Korean Courts typically do not inquire into the grounds for a divorce in cases of divorce by agreement. The court clerk in Korea checks to see if both parties to the Korean divorce wish to divorce, and a judge confirms the wishes of the parties, typically, in a summary court procedure after watching a video.
In most cases, we do not advise this “non-judicial” process for clients, because of the nature of the court judgment and the fact that, with a Divorce by Court Order, the parties, normally, shall not be required to come to court. Because of the type of judgment, a non-judicial divorce may not be recognized in some countries.
Korean Divorce by Korean Court Order (Judicial Divorce)
When neither side can come to an agreement, or the parties shall require the acceptance of their Korean divorce in a country outside of Korea, the party seeking divorce should file a petition for divorce against the other party in the applicable Korean court. A divorce that is granted by a judge is called a judicial divorce or divorce by court order.
The judge in Korea will decide whether to grant the divorce request in a trial-like procedure. However, if the parties agree to divorce and the conditions of divorce, a Korean judge shall, in all but the most exceptional of cases, accept the agreement of the parties and grant the divorce without a lengthy court procedure. As already mentioned, this judicial divorce procedure is available to international couples who have already reached a mutual agreement to divorce, and also international divorces that shall be contested by the parties.
In all but the most exceptional of cases, neither party, if the case is amicably resolved, needs to appear in court if an attorney is retained.
A more thorough read on this topic can be found at: Uncontested Divorces vs Contested Divorces in South Korea Are you interested in 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.
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Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only two non-Korean lawyers as a Top Attorney by AsiaLaw, and IPG Legal is consistently ranked Top Dispute Resolution Law for our litigation services.
To schedule a call with Sean Hayes, please Schedule a Call Here.
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