Divorce & Family Law

You do not have to have decided anything to be here. Some people come before they have said the word out loud. More often, the conversation has already started at home and has stopped moving.

It stalls for a predictable reason. The argument becomes whether to divorce, while the things that actually have to be agreed — how property is divided, who the children live with, what support is paid — never get discussed at all.

If you are the foreign spouse, two more worries sit underneath: whether a Korean court will see you as the outsider, and what a divorce does to a residency status that is tied to the marriage. A consultation is not a decision. It is finding out what is on the table and what the range looks like from where you are standing.

Is this you?

If any of these apply, this page is for you.

• You are considering divorce but have not decided
• Your spouse has raised divorce, or you have been served with a petition
• You have no idea how property division or custody would work out
• Divorce is being discussed at home but the terms never are
• You have talked in circles and reached nothing
• You are worried about assets being moved or disposed of
• Child support ordered or agreed is not being paid
• A property or compensation settlement is not being honoured

How the process works

Find where your case is now.

1. 1

   Getting your position straight

   Assets built up during the marriage, the childcare arrangement as it actually is, and the circumstances behind the breakdown.

   What you can do at this stage — Establish and document the facts on grounds, children, and property. The quality of this stage shapes every stage after it — and it is worth doing even if talks are already underway.

2. 2

   Divorce by agreement

   Where terms are agreed, divorce can proceed by agreement with court confirmation rather than by litigation.

   What you can do at this stage — Work out each item that has to be settled — division, custody, support, contact — check whether the terms are reasonable, and put them in writing. Agreements that were never written down become the next dispute.

3. 3

   Filing and argument

   Where agreement fails, the case is filed. Grounds, children, and property are argued in writing and the substance of the case emerges. The court may involve professionals where custody or compensation is contested.

   What you can do at this stage — Prove the grounds, apply to trace the other side’s assets, evidence your contribution, and set out the childcare position. Protective orders can be sought where needed.

4. 4

   Mediation

   Once the issues and evidence are clear, courts commonly attempt mediation late in the case.

   What you can do at this stage — Weigh the proposed terms. A successful mediation ends the case without judgment and carries the same force as a final decision.

5. 5

   Judgment and compliance

   Otherwise the court decides divorce, division, compensation, custody and support. It is not over until what was decided is actually done.

   What you can do at this stage — Decide on appeal within the period. Where support goes unpaid, apply for a compliance order or enforce against assets.

Whichever route the case takes, the preparation in stage one is what produces the outcome. Before a decision, or in the middle of talks that are going nowhere — going back to preparation is what moves it.

What We Will Tell You Honestly

• How Korean courts actually decide custody and property division in international marriages — not how you might wish they did.
• What jurisdiction issues arise when spouses hold different nationalities, and which country's courts you should be in.
• How divorce can affect a marriage-based residency status — a question that belongs in the case plan from day one, not after the judgment.

Frequently Asked Questions

Guides in this area

• 

  Divorce in Korea: Consensual vs. Judicial

  The two routes to divorce in Korea — the consensual process and its cooling-off period, the six judicial grounds, mediation, and the deadlines around money.

  Reviewed 2026-08

• 

  Which Country's Court?

  When Korean courts can hear an international divorce, which country's law applies under the statutory ladder, and how foreign divorces are recognized in Korea.

  Reviewed 2026-08

• 

  Property Division Basics

  How property division works in a Korean divorce: what counts as marital property, how contribution sets shares, pensions, hidden assets, and the 2-year limit.

  Reviewed 2026-08

• 

  Child Custody in International Marriages

  How Korean courts decide custody in international families: the welfare standard, custody vs. parental authority, cross-border visitation, and the Hague rules.

  Reviewed 2026-08

• 

  Child Support: How Amounts Are Set

  How Korean child support is set: the court guidelines table, the income-ratio split, changing the amount, and the enforcement ladder from salary deduction to exit bans.

  Reviewed 2026-08