How to Get Divorced in Korea as a Foreigner

"I'm not Korean, but my wife is. We've lived in Seoul for years, and now we're separating. Can I even file for divorce here, or do I have to go back to my home country to do it? And what happens to my visa?"

Going through a divorce is hard enough in your own language. Doing it in a country where the court documents, the procedures and even the word for "custody" are unfamiliar can make it feel impossible to know where to start.

The short answer: a divorce in Korea as a foreigner is usually possible. If you live in Korea, or your last shared home with your spouse was in Korea, a Korean family court can generally hear your case, and if your spouse is a Korean national living in Korea, Korean law applies to the divorce. There are two routes. If you both agree, you can use divorce by agreement, which involves a waiting period of one or three months. If you don't agree, you file for a judicial divorce, which starts with court mediation.

This guide walks you through both routes step by step, what happens to property, children and your visa, and what to do if your spouse has already left Korea.

By Attorney Daseul Lee · Korean Bar Association–certified specialist in divorce and criminal law

Who this is for

Foreigners married to a Korean citizen who want to divorce in Korea · Foreign spouses whose Korean spouse has filed for divorce or asked for one · Foreigners whose spouse has left Korea or stopped responding (this guide mainly covers couples where one spouse is a Korean national; if you are both foreigners, see the section on that below)

At a glance: divorce in Korea as a foreigner

Can a foreigner file for divorce in a Korean court?

Yes, in most cases where you have built your married life in Korea. A Korean court has international jurisdiction over a divorce if one spouse lives in Korea and the couple's last shared habitual residence was in Korea, or if the person filing and some or all of the minor children live in Korea (Act on Private International Law, Article 56(1), items 1 and 2).

Your nationality does not decide this. What matters is where you and your family actually live. So if you married a Korean citizen and lived together in Korea, you can generally file in Korea even if your spouse has since moved abroad, as long as you are still living here. Article 56(1) also gives Korean courts jurisdiction where both spouses are Korean nationals, or where a Korean national living in Korea files only to end the marriage.

Which country's law applies to my divorce?

If your spouse is a Korean national whose habitual residence is in Korea, Korean law governs the divorce. Article 66 of the Act on Private International Law says that divorce follows the rules for the general effects of marriage, but adds that where one spouse is a Korean national habitually residing in Korea, the divorce is governed by Korean law.

In practice, this means a Korean court will apply the Korean Civil Act to your grounds for divorce, consolation money, and custody, without needing to look at the law of your home country. If neither spouse is Korean, the court instead looks in order at the law of your shared nationality, then the law of your shared habitual residence, and then the law of the place most closely connected to the marriage (Article 66, applying Article 64).

What are the two ways to get divorced in Korea?

Korea has divorce by agreement, where both spouses agree to divorce and settle child arrangements, and judicial divorce, where the court decides. Which route you take depends on one question: do you both want the divorce and agree on the children?

How does divorce by agreement work in Korea?

Both spouses go to the family court together, receive the court's divorce guidance, wait out a cooling-off period, and then confirm their intention to divorce before a judge. The divorce takes effect only when it is reported to the authorities after that confirmation.

1. Apply together at the family court with jurisdiction over where you live, and attend the court's guidance session on divorce (Civil Act, Article 836-2(1)).

2. Wait out the cooling-off period: 3 months if you have a child to raise (including a child not yet born), 1 month otherwise (Civil Act, Article 836-2(2)). The court can shorten or waive this period in urgent cases, such as where violence would cause unbearable suffering (Article 836-2(3)).

3. If you have children, submit an agreement on custody and parental authority, or a court decision on these issues (Article 836-2(4)). The court also records the child support you agreed on in a formal record that can be enforced (Article 836-2(5)).

4. Attend the confirmation hearing together, where the judge confirms that you both still want to divorce.

5. Report the divorce within 3 months of receiving the confirmation. If no one reports it in time, the confirmation loses its effect and you would have to start again.

Because both of you must appear in person, divorce by agreement only works if your spouse is willing and available. If your Korean is limited, ask the court ahead of time how interpretation will be handled, and make sure you fully understand anything you sign, especially the custody and child support agreement.

What if my spouse won't agree to a divorce?

You can file for a judicial divorce, but you must show one of the six legal grounds in Civil Act Article 840. These are:

• your spouse committed adultery (an act of unchastity);

• your spouse maliciously deserted you;

• you were extremely mistreated by your spouse or your spouse's parents or grandparents;

• your parent or grandparent was extremely mistreated by your spouse;

• it has been unknown for three years whether your spouse is alive or dead;

• any other serious reason that makes it difficult to continue the marriage.

The last ground is the one most cases rely on, and it covers situations such as long separation, ongoing verbal abuse, or a marriage that has broken down in fact. Korean courts generally do not allow the spouse who is mainly responsible for the breakdown to force a divorce on the other, so if you are the one who left or had an affair, expect that to become a central issue.

Divorce cases in Korea must go through mediation first. If you file a lawsuit without applying for mediation, the court will normally refer the case to mediation (Family Litigation Act, Article 50). Many divorces end at this stage with an agreement that has the same effect as a court judgment. If mediation fails, the case moves on to trial. The court can skip mediation where your spouse can only be served by public notice, or where it sees no chance that mediation will work.

If your Korean spouse has filed against you, do not ignore the papers. In a lawsuit, you are normally expected to submit a written answer within 30 days of receiving the complaint, and staying silent makes it much harder to protect your position on custody and property.

What if my spouse has left Korea or I can't find them?

You can still file in Korea, but the court must first deliver (serve) the papers on your spouse, and this step often decides how long the whole case takes. If your spouse is in another country, the court documents are usually sent abroad through official channels, such as the Hague Service Convention, which Korea has joined, or through diplomatic and consular routes.

If you truly cannot find out where your spouse is, the court may allow service by public notice, which treats the documents as delivered once the court posts them (Civil Procedure Act, Article 194). Courts only allow this after you have made real efforts to locate your spouse, so gathering every clue you have, such as old addresses, workplaces, phone numbers, and social media accounts, matters from the very beginning. We handled a case where a foreign wife left home to live with another man whose address was unknown; you can read how service was completed in this case study (in Korean).

How Morgan Law Office helps

Attorney Daseul Lee handles your case personally from the first consultation to court, in English. After the consultation, you receive a written report outlining the key issues, expected timeline, and estimated costs. If your spouse has already left Korea or stopped responding, we start by deciding how to locate and serve them, because that step sets the pace of the whole case.

How we work → · Call +82-2-735-3300 · Book on Naver

What happens to property and money in a Korean divorce?

Property that the couple built up or maintained together during the marriage is divided, whatever name it is registered in. Under Civil Act Article 839-2, the court considers the amount of property formed through the cooperation of both spouses and other circumstances to decide how much each receives and how. Housework and childcare count as contributions, not only salaries.

• What is usually excluded: property one spouse owned before marriage or received as a gift or inheritance during the marriage, unless the other spouse helped maintain or increase its value.

• Deadline: the right to claim property division expires 2 years after the divorce (Civil Act, Article 839-2(3)). If you divorce by agreement without settling property, keep this date in mind.

• Consolation money: the spouse responsible for the breakdown of the marriage, for example through adultery or abuse, can be ordered to pay compensation for emotional harm (Civil Act, Article 843, applying Article 806). This is separate from property division.

• No ongoing spousal support: Korean divorce law does not generally provide for continuing alimony after divorce. Financial issues are settled through property division and consolation money instead.

If your home in Korea is registered only in your Korean spouse's name, that does not mean you have no share. We explain how this works in our article on apartments registered in one spouse's name (in Korean).

Who gets custody of the children?

The Korean family court decides parental authority and custody based on the child's welfare, and being a foreigner does not by itself put you at a disadvantage. In a judicial divorce, the court designates the person with parental authority (Civil Act, Article 909(5)) and decides custody, child support and visitation (Articles 837 and 837-2).

The court looks at who has actually been caring for the child, where the child goes to school and has grown up, each parent's ability to provide a stable home, and, for older children, the child's own wishes. The parent who does not get custody is usually ordered to pay child support until the child becomes an adult, and is given a visitation schedule.

If you are worried that your spouse may take the child abroad, or plan to leave Korea with the child yourself, get legal advice before acting. Moving a child across borders during a dispute can seriously affect the custody case.

Will a divorce affect my visa in Korea?

It can. If you are in Korea on a marriage-based visa, the end of the marriage may change your status, but some divorced foreign spouses can still qualify to stay. Under the Enforcement Decree of the Immigration Act, the marriage-migrant (F-6) category also covers a foreigner raising a minor child born from a marriage with a Korean national, and a foreigner who cannot continue a normal marriage because of reasons they are not responsible for, such as the Korean spouse's death or disappearance.

This is where divorce and immigration overlap. If the court record shows that the marriage broke down because of your spouse, or that you are raising your child in Korea, that can matter later when you apply to the immigration office. Because the immigration office makes its own decision, check your visa situation early and keep copies of every court document.

What if we are both foreigners?

Two foreigners can also divorce in a Korean court if Korea has jurisdiction, for example because you both live in Korea and your last shared home was here. The difference is which law applies: if you share a nationality, the court generally applies that country's law; if you have different nationalities but both live in Korea, Korean law usually applies as the law of your shared habitual residence (Act on Private International Law, Articles 64 and 66).

Whether your home country will recognize a Korean divorce, and whether you should instead divorce through your embassy or home country, depends on that country's rules. Ask your embassy before you choose a route.

Will my home country recognize a Korean divorce?

A Korean divorce is effective in Korea, but you may need to register or have it recognized separately in your home country. Each country has its own procedure, and some require a certified copy of the judgment, proof that it is final, and an official translation with an apostille. Check with your embassy or a lawyer in your home country, so that you are not treated as still married there after the divorce is finished in Korea.

What we often see in consultations

Many foreign clients come to us only after their Korean spouse has already filed, holding court documents they cannot read and unsure whether a deadline has started. Others have been told by friends that they must return to their home country to divorce, and have waited months for no reason. Another common situation is a spouse who signed a Korean-language agreement on custody or property without fully understanding it, and later wants to change it.

In each of these cases, the most useful step is the same: get the documents translated and reviewed early, find out which deadlines apply, and decide on a route before the other side sets the terms. Every case has different facts and applicable law, so results can differ even in similar situations.

Documents to prepare before your consultation

1. Marriage and family records: your Korean marriage certificate (혼인관계증명서), family relation certificate (가족관계증명서), and your children's basic certificates, plus your home-country marriage certificate if you married abroad

2. Identification: passport and alien registration card, and your spouse's ID details if you have them

3. Any court documents you have received, with the date you received them

4. Information about your spouse's whereabouts: last known address, workplace, phone number, and when they left, if they have moved out or left Korea

5. Evidence of the reason for divorce: messages, photos, medical records or police reports, if relevant

6. Property and income records: property registrations, bank accounts, loans, and pay slips for both spouses, as far as you know them

7. Your visa details: current status of stay and expiry date

When you need a lawyer, and when you might not

Frequently asked questions

Q. Can I get a divorce in Korea as a foreigner if my spouse is Korean?

Yes. If you live in Korea and your last shared home was in Korea, or you live in Korea with your minor children, a Korean family court can generally hear your divorce, and Korean law applies if your spouse is a Korean national living in Korea.

Q. How long does a divorce by agreement take in Korea?

After you both apply and attend the court's guidance, there is a cooling-off period of 1 month, or 3 months if you have a child to raise. The court can shorten or waive it in urgent cases such as domestic violence. You then attend a confirmation hearing and must report the divorce within 3 months.

Q. Do I have to go back to my home country to get divorced?

No, not if a Korean court has jurisdiction over your case. Many foreigners divorce in Korea, but you should separately check whether your home country requires the Korean divorce to be registered or recognized there.

Q. Can I get divorced if my spouse has left Korea and won't respond?

Yes. You can file in Korea, and the court will try to serve your spouse abroad. If their whereabouts are truly unknown after real efforts to find them, the court may allow service by public notice.

Q. Will I lose my visa if I get divorced?

Not necessarily. The marriage-migrant (F-6) category also covers foreigners raising a minor child from the marriage and those who cannot continue the marriage for reasons they are not responsible for. The immigration office decides each case, so check early.

Q. Can I get a lawyer who speaks English?

Yes. At Morgan Law Office, consultations are available in English, and Attorney Daseul Lee handles the case personally from consultation through court.

Choosing a divorce lawyer in Korea: questions to ask at your consultation

For a foreigner, a divorce in Korea means court documents, hearings, and deadlines in a language and system you may not know well. That makes it especially important to know who will handle your case, what it will cost, and whether you can communicate clearly with your lawyer. Here is how Morgan Law Office answers.

You can read more about how a case actually proceeds in How your case proceeds at Morgan Law Office (in Korean).

Thinking about divorce in Korea? Talk it through in English

Not knowing the system can make every decision feel risky. Once you know which court, which law, and which route applies to you, the next steps become much clearer.

Attorney Daseul Lee of Morgan Law Office is certified by the Korean Bar Association as a specialist in divorce law and criminal law, and lectured on "International Divorce and Child Custody" at the Korean Bar Association's family law specialist training program. She handles international divorce cases personally, from the first consultation to court, and consultations are available in English. Our office is in Gwanghwamun, central Seoul, and lunchtime consultations are available.

Call +82-2-735-3300 | Book a consultation on Naver