How does divorce work in Korea for foreigners?

Divorce in Korea for foreigners follows either a mutual consent process or a contested court process. If both parties agree, you can file for a 협의이혼 (consensual divorce) at the family court. This involves submitting the divorce application together, attending a mandatory counseling session, and then waiting a reflection period of 1 month (or 3 months if you have minor children). After the reflection period, both parties confirm the divorce at the court and it is finalized.

If it is contested, one party files a lawsuit at the family court and it goes through mediation first, then trial if mediation fails. This can take 6 months to over a year. For foreigners married to Korean citizens, be aware that your visa status may be affected. F-6 visa holders can sometimes switch to an F-2 or other visa depending on the circumstances, especially in cases involving domestic violence or if you have Korean children. I strongly recommend consulting a lawyer who specializes in family law for foreigners. The Korea Legal Aid Corporation at 132 provides free legal consultations and the Seoul Global Center can help you find English-speaking lawyers.