Divorce for Foreign Residents in Korea

Presented by K LAW OFFICE

Can Korean Courts Handle Your Divorce?

International jurisdiction is determined under the specific connecting factors in Korea's Private International Act, including defined combinations of the spouses' nationality and habitual residence and, in some cases, a minor child's habitual residence. One spouse's Korean nationality or the couple's presence in Korea does not by itself resolve every case. The law that governs the divorce is a separate question from which court has jurisdiction.

Types of Divorce in Korea

Divorce by agreement (협의이혼): Both spouses consent and the family court confirms their intention to divorce. If they have a child to raise, including an unborn child, documents addressing the child's custodian, parental authority, support, and visitation are required. The confirmation procedure does not itself settle property division or damages. The statutory waiting period is generally three months when there is a child to raise and one month otherwise, subject to reduction or waiver for urgent circumstances.
Judicial divorce (재판상 이혼): One spouse files in court and must rely on a ground in Civil Act Article 840, such as an unchaste act, malicious desertion, serious mistreatment, or another serious cause that makes continuation of the marriage difficult.

Division of Matrimonial Assets

Korea's property-division system considers each spouse's financial and non-financial contribution to property formed during the marriage. Property owned before marriage or received by inheritance or gift is generally separate property, but the other spouse's contribution to its maintenance or increase may matter. A property-division claim is extinguished if not exercised within two years after divorce.

Child Custody and Parental Rights

Korean law distinguishes day-to-day custody and care (양육) from parental authority (친권). Decisions concerning either must focus on the child's welfare.
International custody disputes — particularly where one parent wishes to take the child abroad — can involve complex legal issues under both Korean law and international conventions.
If there is a risk that a child may be taken out of Korea without your consent, you should seek urgent legal advice.

International child abduction: Korea is a Contracting State to the Hague Convention. The Convention generally applies only to a child under 16 and between states for which it is in force. Within that scope, a child wrongfully brought to or retained in Korea may be subject to a Korean return proceeding; when a child is taken from Korea to another relevant Contracting State, assistance and proceedings may instead be required there. Timing is critical.

Visa and Residency Implications

For a foreign national whose status of stay is based on marriage, separation or divorce may affect future extension or status-change decisions. The result is not automatically the same in every case; factors can include responsibility for the breakdown, care of a child, and other statutory or administrative requirements. Check the immigration position before the current period of stay expires.

How an Attorney Can Help

An attorney can advise on jurisdiction and applicable law, assist in negotiating a divorce agreement, represent you in contested proceedings, and help navigate the intersection of divorce with visa status, asset protection, and child custody arrangements.

Related Issues

Visa Status After Divorce

Official sources

This guide references the following official sources. International jurisdiction, applicable law, children, property, and immigration status require separate fact-specific analysis.