How Long Does Divorce Take in South Korea?
The timeline for divorce in South Korea depends on whether it's mutual or contested. Waiting period: 1–3 months consideration period for mutual consent. Here's what to expect at each stage.
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- ✓Waiting period: 1–3 months consideration period for mutual consent
- ✓Residency requirement: Domicile in South Korea
- ✓Divorce type: Mutual consent or judicial
- ✓Average duration (mutual): 1-4 months
- ✓Average duration (judicial): 6-24 months
- ✓Mutual consent/uncontested: typically the fastest path
- ✓Contested: can take 1–3+ years depending on complexity
- ✓Mediation can significantly speed up resolution
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.
What Can Slow Things Down
- ✓Disagreements over property, custody, or support
- ✓Incomplete or disputed financial disclosures
- ✓Court backlogs and scheduling delays
- ✓International complications (assets or spouse abroad)
- ✓One spouse being uncooperative or unreachable
- ✓Appeals or motions during the process
Tips to Speed Up Your Divorce
- ✓Agree on as much as possible before involving the court
- ✓Complete financial disclosures thoroughly and promptly
- ✓Consider mediation or collaborative approaches
- ✓Be organized — gather all documents early
- ✓Hire an experienced local family law professional
- ✓Be realistic about outcomes — fighting costs time and money
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.