South Korea Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in South Korea.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
Mutual consent or judicial
Waiting Period
1–3 months consideration period for mutual consent
Average Cost
KRW 50,000–30,000,000+
Property System
Contribution-based division
Residency
Domicile in South Korea
Divorce Law in South Korea: Overview
South Korea requires mandatory family court mediation before any divorce can proceed. For mutual consent divorces, there is a 1-month consideration period (or 3 months if minor children are involved), plus mandatory counseling at the family court. Korean law uniquely distinguishes between property division (based on contribution) and consolation money (wijayo) — a separate payment for emotional damages caused by the spouse at fault. Divorce stigma remains significant, especially for women, though attitudes are rapidly changing.
Key Legislation
Civil Act Articles 834-843
Divorce by agreement and judicial divorce provisions.
Civil Act Article 839-2
Property division based on contribution.
Civil Act Article 843/806
Consolation money (위자료, wijayo) for fault.
Grounds for Divorce
- ●Mutual consent: both agree (with mandatory consideration period)
- ●Judicial: infidelity, malicious desertion, severe maltreatment, unknown whereabouts (3+ years), or other grave reasons
How to Divorce in South Korea: Step-by-Step
Mutual: file at family court
Both appear to confirm intent. Judge explains rights and options.
Consideration period
1 month (no children) or 3 months (with minor children).
Mandatory counseling
Family court provides counseling during consideration period.
Confirmation hearing
Return to court to reconfirm divorce. Submit agreement on terms.
Judicial: mediation first
All contested divorces must go through family court mediation.
Trial if mediation fails
Full trial with evidence. Wijayo (consolation money) determined.
Recent Legal Reforms
Consideration period introduced to reduce impulsive divorces.
Constitutional Court expanded grounds for property division.
What Makes South Korea Divorce Unique
- →Separate consolation money (위자료) for emotional damages — distinct from property division
- →Property divided by contribution, not 50/50 — courts evaluate each spouse's financial and non-financial input
- →Mandatory family court counseling during consideration period
- →Social stigma still significant for women, though rapidly declining
South Korea Divorce Statistics
~35% of marriages
Divorce rate
1-4 months
Average duration (mutual)
6-24 months
Average duration (judicial)
~60% women
Who files
South Korea Divorce Guides
South Korea Property Division
How assets and debts are divided
South Korea Spousal Support
Maintenance and alimony
South Korea Child Custody
Custody and parenting arrangements
South Korea Divorce Process & Timeline
Steps and how long it takes
South Korea Divorce Costs
Fees, costs, and legal aid
South Korea Child Support
Financial support for children
South Korea Uncontested Divorce
When both spouses agree
South Korea Divorce Mediation
Alternative dispute resolution
South Korea Divorce & Taxes
Tax implications of divorce
South Korea Domestic Violence & Divorce
Safety and legal protections
Every situation is different
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Legal Disclaimer: This article covers South Korea divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in South Korea for advice specific to your situation.