A Guide to Divorce in Korea as a Foreigner

Divorce is a challenging process anywhere in the world, but for foreigners in South Korea, it comes with unique cultural and legal complexities. Understanding the ins and outs of divorce in Korea is crucial to protecting your rights and avoiding pitfalls. We’ll explore Korean attitudes toward divorce, the types of divorce procedures, legal grounds, and practical tips on what to do—and what not to do—when facing a divorce in Korea.

In South Korea, divorce has long been a cultural taboo, deeply rooted in Confucian values that emphasize family harmony and loyalty. Traditionally, staying in an unhappy marriage was seen as a virtue, and divorce carried a heavy stigma, especially for women. While attitudes are slowly evolving—thanks to modernization, changing gender roles, and high-profile celebrity divorces—the shift is gradual. For foreigners, this cultural backdrop can add layers of complexity to an already emotional process.

Many Korean families still view divorce as a failure, and societal pressure to "save face" can discourage couples from separating, even in irreparable situations. You might face judgment or resistance from your spouse’s family or social circles. Understanding this context can help you approach the situation with sensitivity and strategy.

Korea offers three divorce pathways, each with its own process depending on mutual agreement, children, and assets. Here’s a breakdown:

An uncontested divorce is the smoothest route if both parties agree to separate. It’s ideal when asset division and custody (if applicable) aren’t in dispute. Korean law typically assumes each spouse keeps what they brought into the marriage, but international marriages can blur these lines if assets are in your spouse’s name. In some situations it might make sense to notarize asset division before the divorce is finalized.

Procedure:

1. Joint Filing at Family Court: You will both receive a paper with your court hearing date.
2. Thinking Period: There is a mandatory waiting period before the divorce is finalized—typically one month if there are no minor children and up to four months if there are minor children involved.
3. Court Hearing: Both spouses are required to appear in court to confirm their intent to divorce. If all’s in order, you’ll receive a divorce confirmation document.
4. Report to Local Government: Take the document to your local district office (Gu-cheong) to register the divorce and update your records. You don't have to go together, as long as one person brings to other persons stamp.

If you can’t agree outright but are willing to negotiate, mediation is a middle ground. A court mediator facilitates discussions on assets, custody, or support, aiming for a resolution without a full trial. It’s less confrontational but requires flexibility from both sides.

Procedure:

1. Filing for Mediation.
2. Mediation Sessions.
3. Settlement Agreement.

A contested divorce occurs when agreement fails, escalating to a courtroom battle. This is the most complex and lengthy option. Without children involved the focus is on proving fault and dividing assets. With children involved custody disputes can dominate, with Korean courts often favoring mothers for young kids unless evidence shows otherwise. A lawsuit with evidence of legal grounds with multiple hearings, and waiting for a judge’s ruling, can take months, potentially years.

Procedure:

1. Filing a Lawsuit.
2. Mandatory Mediation.
3. Trial.

For a contested divorce, you need to prove one of these grounds under Korean law:

• Adultery: Infidelity or “unchaste acts” (Cheated spouses can sue the partner, as well as the third party for damages).
• Desertion: Abandonment without justification.
• Maltreatment: Abuse by a spouse or their in-laws.
• Maltreatment of Parents: Severe mistreatment of your parents by your spouse or their family.
• Unknown Whereabouts: A spouse missing for over three years.
• Irreconcilable Differences: Any grave reason making marriage untenable.

If you’re the “at-fault” party (e.g., you cheated), you lose the right to file for divorce, leaving your fate in your spouse’s hands. So honesty might not always the best policy. Your spouse might block divorce out of spite or social pressure, not love.

After your divorce in Korea, you might be wondering about your visa status if you’re on a marriage-based visa. The "good news" is that you can sit out your marriage visa—it will remain valid until its expiry date, even after the divorce is finalized. However, once it expires, you’ll need to explore other visa options, such as a work or residency visa, to stay in Korea legally.

Divorce is an awful experience no matter where you are, but facing it in a foreign country like Korea adds an extra layer of complexity and stress. The blend of cultural stigma, legal intricacies, and personal upheaval can feel overwhelming, especially for foreigners navigating unfamiliar terrain. I hope you’re reading this purely for informational purposes and that your marriage is sailing smoothly. But if you’re in the thick of a divorce and need someone who gets the cultural nuances—someone to talk to—feel free to reach out.