Family Law

In South Korea, divorce may be granted for specific statutory grounds including adultery, malicious abandonment, extreme mistreatment, disappearance for three years, or other serious reasons making marriage unsustainable.

In South Korea, consensual divorce is completed by jointly filing a divorce application at a local Family Court or Resident Registration Office; no court hearing is required if both spouses agree and meet legal requirements.

Divorce mediation in South Korea is a voluntary, court-facilitated process where a neutral mediator helps spouses reach agreement on divorce-related issues like property division, custody, and support — without going to trial.

In South Korea, the divorce cooling-off period is 3 months for couples with minor children and 1 month for couples without minor children.

Yes, the at-fault spouse can file for divorce in South Korea — fault does not legally bar filing.

In South Korea, child custody is determined by the court based on the child’s best interests; parents may agree on custody or file a petition with the Family Court.

The right of visitation in South Korea is the non-custodial parent’s legally protected right to meet and communicate with their child, as guaranteed under the Civil Act.

In South Korea, a minor child aged 13 or older may express their preference on custody, but the court makes the final decision based on the child’s best interests—not the child’s choice alone.

In South Korea, child support is calculated using the official Child Support Calculation Table issued by the Supreme Court, which sets monthly amounts based on the combined income of both parents and the number of children.

No, remarriage of a former spouse does not automatically terminate or alter their child support obligation under South Korean law.

Yes, you can apply to change the custodial parent in South Korea if there is a significant change in circumstances affecting the child’s welfare, and the court finds it necessary for the child’s best interests.

In South Korea, marital property is generally divided equally upon divorce, unless there is a valid prenuptial agreement or special circumstances justify an unequal split.

Yes, property division is possible in a de facto marriage in South Korea under the Act on the Settlement of Property Relations between Parties to a De Facto Marriage.

Yes, severance pay earned during marriage is generally subject to property division upon divorce in South Korea, as it is considered marital property under the Civil Act.

In South Korea, marital property includes assets acquired during marriage through joint effort or income, while separate property includes pre-marital assets, inheritances, and gifts designated solely to one spouse.

You can apply for a domestic violence protection order at your local district court or through the police. The court must decide within 48 hours, and the order can last up to 6 months.

You can apply for an emergency temporary protection order at a family court in South Korea under the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence. The court must decide within 24 hours.

Domestic violence victim shelters in South Korea are operated by local governments and certified private organizations under the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence and Protection, etc. of Victims.

Alimony or consolation money in South Korea is determined by factors including the length of marriage, each spouse’s conduct, economic status, and degree of fault — but there is no fixed formula or statutory cap.

Yes, you can enforce unpaid child support in South Korea through court-ordered enforcement measures like wage garnishment, asset seizure, or compulsory mediation.

Parental authority in South Korea may be lost due to abandonment, abuse, neglect, serious mental illness, or criminal conduct harming the child’s welfare.

You must file for divorce in a South Korean family court if either spouse resides in South Korea, or if the marriage was registered in Korea — regardless of nationality.

A family court investigator in South Korea assists judges by conducting impartial fact-finding—such as interviewing parties, visiting homes, and assessing child welfare—to support fair decisions in family cases like divorce, custody, and adoption.

Yes, you can change your surname after divorce in South Korea by applying to the family court within 3 months of the divorce becoming final.

A void marriage is invalid from the beginning and has no legal effect, while a voidable marriage is valid until annulled by a court. In South Korea, void marriages include those violating age, kinship, or bigamy rules; voidable marriages include those based on fraud or coercion.