Can the at-fault spouse file for divorce?

What the Law Says

South Korean law does not prohibit the at-fault spouse from initiating divorce proceedings. Divorce is granted based on statutory grounds and judicial discretion—not on who filed first or who caused the breakdown.

Under the Civil Act of South Korea, divorce may be granted by court order when certain statutory grounds are met — regardless of which spouse files. The law focuses on whether the marriage is irretrievably broken, not on assigning blame for the filing.

Article 840 lists specific grounds for judicial divorce, including 'serious misconduct' or 'desertion', but it does not restrict who may petition. The at-fault spouse may still file — though their conduct may affect property division or alimony decisions.

Article 836 governs the divorce procedure and requires the court to attempt reconciliation before granting divorce — a step that applies equally to all petitioners.

Statutory Text

A husband or wife may request the family court to adjudicate divorce on any of the following grounds: (1) the other party has committed adultery; (2) the other party has been maliciously deserted; (3) the other party has been sentenced to imprisonment for more than three years; (4) the other party has been missing for more than three years; (5) there exists any other serious cause making continuation of the marriage difficult.

— Civil Act, Art. 840 — Grounds for judicial divorce

Statutory Text

When a petition for divorce is filed, the family court shall, prior to rendering a judgment, make efforts to reconcile the parties.

— Civil Act, Art. 836 — Procedure for divorce

What to Do

Sources