Legal Q and A

This is one of the most common fears among marriage migrants, and in many cases it is not accurate. Divorce does not automatically end your right to stay in Korea, and being a foreign national does not by itself prevent you from gaining custody. What happens depends on a few specific facts: who will raise the child, whose fault the breakdown of the marriage was, and how the divorce is carried out.

The F-6 visa has more than one category

The marriage migrant visa (F-6, 결혼이민) is divided into three categories. Only the first depends on the marriage continuing.

So the real questions for your stay are: will you be raising your daughter after the divorce, and was the breakdown of the marriage caused by your husband rather than you? If either answer is yes, there is a route to remain.

Custody is decided by the child's welfare

In a divorce, the parents or the family court decide who holds parental authority (친권) and who raises the child (양육권). The court's standard is the child's welfare, not the parents' nationality. The court looks at who has actually been caring for the child, the child's stability, each parent's circumstances and, for older children, the child's own wishes.

A mother who has been the main caregiver is not at a disadvantage because she is foreign. If you are granted custody of a Korean child, you can generally apply to stay on the F-6-2 basis while raising her. The parent who does not live with the child pays child support (양육비) and usually has visitation rights (면접교섭권).

Fault matters, so keep evidence

If the marriage broke down because of your spouse, for example through violence, an affair, abandonment or serious mistreatment, this is relevant twice. It supports your F-6-3 stay, and in court it can support a claim for compensation (위자료).

Evidence worth keeping
· Police reports (112 calls) and medical records of injuries
· Messages, emails and recordings showing threats, abuse or an affair
· Records from counselling centers or shelters (for example the Danuri helpline 1577-1366)
· Statements from people who saw what happened
· Proof of who cared for the child day to day

Be careful with a consensual divorce

There are two ways to divorce in Korea. In a consensual divorce (협의이혼), both spouses agree and the family court confirms it after a waiting period of one month, or three months if there is a minor child (Civil Act, Article 836-2). In a judicial divorce (재판상 이혼), the court decides based on grounds set out in the Civil Act.

A consensual divorce is faster, but it rarely records why the marriage ended. If you later need to show that the breakdown was not your fault for an F-6-3 application, a signed agreement that says nothing about fault can make that harder. Do not sign divorce papers, or an agreement on custody and property, until you understand exactly what they say and how they affect your visa.

Property and money

Property built up during the marriage is divided (재산분할) according to each spouse's contribution, which includes housework and childcare, not only income. A spouse who did not earn a salary can still have a substantial claim. Property division can also be claimed within two years of the divorce if it was not settled at the time.

If there is violence at home

Your safety comes first. In an emergency, call 112. Victims of domestic violence can ask the court for a protection order (피해자보호명령), and marriage migrants who are victims can generally apply to stay in Korea while legal proceedings continue. Leaving the home to protect yourself is not treated as abandoning the marriage.

Speak with a lawyer about your situation

Call 1533-7377 or request a consultation at daehanlaw.com/en/reservation.

After you apply, a consultation manager calls you back and explains the consultation fee. Consultations can be held in English, Chinese, Japanese, Russian, Vietnamese or Uzbek, or with an interpreter.

Laws referred to

Civil Act (민법) Articles 836-2, 837, 839-2, 840 and 843; Immigration Act (출입국관리법) and its Enforcement Decree, F-6 visa categories; Act on Special Cases concerning the Punishment of Domestic Violence Crimes (가정폭력범죄의 처벌 등에 관한 특례법)

Frequently asked questions

My husband says he will simply stop sponsoring my visa. Can he do that?

Your spouse's cooperation matters for the ordinary F-6-1 extension, but the F-6-2 and F-6-3 categories exist precisely so that a foreign spouse is not left dependent on the Korean spouse's goodwill. Keep your stay valid, and seek advice before it expires.

Can I take my daughter to my home country after the divorce?

If you hold custody, it may be possible, but taking a child abroad without the other parent's agreement can lead to serious legal disputes, including under international child abduction rules. Settle this in the divorce terms or get the court's view first.

I do not speak Korean well. How can I go through a divorce case?

Court proceedings are in Korean, but interpreters can be used, and a lawyer can handle the documents and hearings. Consultations can be held in your language or with an interpreter.

Daehanjoongang Law Firm | Haeundae Office

Managing Attorney Han Byung-chul

7F Raon J Building, 554 Haeundae-ro, Haeundae-gu, Busan 48093

Phone: 1533-7377 | Email: hanbyungchul@naver.com

This article is general information about Korean law, not legal advice. The outcome of any matter depends on its own facts. Consultations are paid.

This article was drafted with the help of AI tools. Last updated 2026-09-23.