South Korea

Can I change my surname after divorce?

3 months
Application deadline
Family Court
Filing authority
No fee
Court fee
15 days
Court decision period
The Short Answer

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.

What the Law Says

South Korean law allows a divorced person to revert to their pre-marriage surname or choose another surname under specific conditions. The process is governed by the Civil Act and the Family Litigation Act.

Under the Civil Act, a person who changed their surname upon marriage may apply to restore their original surname—or adopt a different one—after divorce. This right exists only if the application is filed within 3 months of the divorce becoming final (e.g., after court judgment or registration of mutual consent divorce).

The Family Litigation Act sets the procedural rules: the application must be submitted to the family court with jurisdiction over the applicant’s residence. The court must issue a decision within 15 days of receiving the application, and no court fee is required.

Importantly, this surname change is not automatic—it requires a formal court order. Once granted, the change is recorded in the family registry (hoju), and official documents (e.g., resident registration, passport) must be updated separately.

Statutory Text

A party to a divorce may apply to the family court for permission to resume the surname used before marriage, or to adopt another surname, within three months from the date on which the divorce becomes final.

Civil Act, s. 784 — Restoration of Surname After Divorce
Statutory Text

An application under Article 784 of the Civil Act shall be filed with the family court having jurisdiction over the applicant’s place of residence. The court shall render a decision within fifteen days from the date of filing, and no court fee shall be charged.

Family Litigation Act, s. 127 — Procedure for Surname Restoration

What to Do

1

Confirm your divorce is final (court judgment effective or mutual consent divorce registered with local office)

2

Prepare application form and supporting documents (ID, divorce certificate, family registry excerpt)

3

File the application at the family court with jurisdiction over your residence within 3 months of divorce finalization

4

Attend any brief hearing if requested; decision is typically issued within 15 days

5

Submit the court’s surname change decision to your local district office to update your family registry and resident registration

Sources

Not 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.