Divorce and Family Law
Divorce, property division, custody, child support
Divorce and Family Law
Divorce in Korea is either by agreement (consensual divorce, confirmed by the family court) or by lawsuit (judicial divorce) when one spouse refuses or the parties cannot agree on money and children. For an international couple the questions multiply: which country's law applies, where the children will live, and what happens to a spouse visa.
We handle both routes, from the first negotiation to property division, consolation money (wijaryo), custody and visitation, and child support claims, and we coordinate the immigration side with the family case.
What we handle
Consensual and judicial (contested) divorce
Property division
Consolation money (damages for the breakdown)
Custody, parental authority and visitation
Child support claims and enforcement
Annulment of marriage
Separation and marital property arrangements
What foreign nationals should know
If you hold a marriage visa (F-6), divorce affects your status. In some situations, for example when the breakdown was mainly the Korean spouse's fault or you are raising a child of the marriage, you may be able to stay. Get advice before you file or sign anything.
Documents from your home country (marriage certificate, birth certificates) usually need an apostille or consular legalization and a Korean translation. We tell you exactly what to prepare.
Property division covers assets built up during the marriage regardless of whose name they are in. Assets abroad can be relevant too.
Court hearings are in Korean. An interpreter is provided when a party does not speak Korean, and we prepare you for each hearing in your language.
Frequently asked questions
Usually yes, if one spouse lives in Korea. Korean private international law decides which country's law governs the divorce; where one spouse is a Korean national living in Korea, Korean law applies.
Not automatically. A foreign spouse who was not responsible for the breakdown, or who is raising a child of the marriage, may be able to keep an F-6 status or change to another one, but the immigration office reviews each case. We prepare the evidence with that review in mind.
The family court decides according to the child's welfare: who has cared for the child, the child's age and wishes, and each parent's living situation. A foreign parent is not disadvantaged by nationality alone, but stability and a concrete plan for the child matter.
Court mediation comes first. If it fails, a first-instance judgment commonly takes six months to a year or more, depending on the disputes over property and children.
This page provides general information about Korean law and is not legal advice. Outcomes depend on the facts of each case. Consultations are paid and are held in English or with an interpreter.