South KoreaWhat are the grounds for divorce?
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.
What the Law Says
South Korean divorce law is governed by the Civil Act, which lists specific statutory grounds that a court must find before granting a judicial divorce. These grounds are mandatory and exclusive — no divorce may be granted without satisfying at least one.
Under Article 840 of the Civil Act, a spouse may petition for divorce if any of the following conditions exist: (1) the other spouse has committed adultery; (2) the other spouse has abandoned the petitioner without just cause; (3) the other spouse has treated the petitioner with extreme cruelty; (4) the other spouse has been missing for more than three consecutive years; or (5) there exists another serious reason that makes continuation of the marriage difficult.
The law requires that these grounds be proven to the court’s satisfaction. Mere marital discord or irreconcilable differences — without falling under one of these five categories — is not sufficient for judicial divorce. However, couples may obtain divorce by mutual consent (Article 836) without proving any ground.
Statutory TextA husband or wife may request dissolution of marriage from the family court on any of the following grounds: 1. Adultery by the other spouse; 2. Malicious abandonment by the other spouse; 3. Extreme ill-treatment by the other spouse; 4. The other spouse has been missing for more than three years; 5. Other serious reasons making continuation of marriage difficult.
— Civil Act, Art. 840 — Grounds for Divorce
What to Do
Determine whether your situation meets one of the five grounds listed in Article 840 of the Civil Act.
Gather evidence (e.g., messages, witness statements, police reports, or records of absence) supporting the applicable ground.
File a petition for divorce with the competent Family Court (usually where the respondent resides).
Attend court hearings and present evidence; the court will assess whether the statutory ground is proven.
If both spouses agree, consider filing for divorce by mutual consent instead (Article 836), which avoids proving grounds and is faster.
Sources
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IndiaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.