By Sharlen Miller
Divorce in the Korean legal system
In South Korea, divorce is not only a personal matter but also a legal process that requires the involvement of the Family Court. For many people — especially foreign residents — this process can feel complicated because of the legal requirements, cultural differences, and strict court procedures. That is why working with a divorce lawyer in Korea is often essential. A lawyer helps clients navigate paperwork, hearings, and negotiations while protecting their rights under Korean law.
Two main types of divorce in Korea
Korean law allows divorce in two primary ways, depending on whether both spouses agree or not.
Divorce by agreement
When both parties agree to separate, they can file for divorce at the Family Court. After submitting documents, the court imposes a short “cooling-off” period, usually one to three months. Once this period is over, the court finalizes the divorce. This process is generally quicker and less expensive.
Divorce by litigation (judicial divorce)
If the couple cannot agree, one spouse must file a lawsuit. Grounds for this type of divorce can include adultery, abandonment, abuse, or irreconcilable differences. This path is longer, more expensive, and often emotionally draining. A lawyer is necessary here, as they represent the client during hearings and build a strong case before the judge.
A divorce lawyer provides legal and emotional support throughout the process. Their responsibilities include preparing and filing all legal documents, representing the client during negotiations, and presenting arguments in court. They also ensure fair outcomes when it comes to division of property, spousal support, child custody, and visitation rights.
For foreigners, divorce lawyers also bridge the language barrier, explain Korean legal terms in simple language, and handle international considerations such as recognition of the divorce in another country.
The cost of hiring a divorce lawyer in Korea depends heavily on whether the case is contested.
Mutual agreement divorces usually cost between ₩1.5 million and ₩3 million (USD 1,200–2,500).
Contested divorces that involve lengthy hearings and disputes over custody or property often cost between ₩5 million and ₩20 million (USD 4,000–15,000) or more.
In international cases, where lawyers must handle cross-border legal issues, costs may rise further.
International divorce considerations
South Korea sees many international marriages, and with them come international divorces. These cases are more complex because they may involve questions like: Which country’s law applies? Will the divorce be recognized abroad? What happens if children hold dual nationality? A divorce lawyer in Korea with expertise in international family law can resolve these issues and ensure that the divorce is legally valid in both countries.
Ending a marriage is never easy, but the process becomes clearer and more manageable with professional guidance. A divorce lawyer in Korea(평택이혼전문변호사) ensures that clients understand their rights, handles all the legal steps, and represents them in difficult negotiations or courtroom battles. Whether you are pursuing a consensual divorce or facing a contested one, the right lawyer is the key to protecting your future and moving forward with confidence.
(NG-FA)
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