Judicial Divorce

Article 840 of the Civil Act sets out the grounds for judicial divorce on a limited basis.

The principal grounds are as follows.

• An act of infidelity by the spouse (such as adultery)

• Malicious desertion by the spouse

• Grossly unfair treatment by the spouse or a lineal ascendant

• Grossly unfair treatment of one's own lineal ascendant by the spouse

• The spouse's whereabouts being unknown (for three years or more)

• Any other serious cause making it difficult to continue the marriage (including violence, alcohol dependence, and mental illness)

If the court finds that one of the above grounds exists, it may render a divorce judgment after comprehensively considering the degree to which the marital relationship has broken down.

However, a claim for divorce based on infidelity may not be brought where there was prior consent or subsequent forgiveness, or where six months have passed from the day the act became known, or two years have passed from the day the act of infidelity occurred.

1) Organizing the Facts
Documenting the principal events that occurred during the marriage in chronological order is helpful in proving statutory grounds for divorce under the Civil Act (such as infidelity or violence).

2) Gathering Relevant Evidence
Please secure objective materials in advance, such as medical certificates, photographs evidencing infidelity, contracts, and loan certificates, so that they can be submitted to the court.

3) Assessing the Property Situation and Preparing Preservative Measures
It is necessary to ascertain the status of property held in the spouse's name, such as real estate, deposits, and insurance, and to consider the possibility of applying for a provisional attachment or provisional injunction to prevent arbitrary disposal.

4) Considering Personal Protection and Measures Relating to Children
If there is a risk of assault, a provisional injunction prohibiting approach may be advisable, and where a dispute over the custody or visitation of children is anticipated, an application for a preliminary disposition may also be appropriate.

5) Establishing a Procedural Response Strategy
To prepare necessary legal measures (such as preservative measures and the preservation of evidence) in a timely manner during the litigation, we recommend consulting an attorney experienced in divorce matters.

A judicial divorce begins with the filing of a complaint with the family court having jurisdiction over the relevant area.

The litigation procedure is similar to ordinary civil litigation but is governed by the Family Litigation Act and the Family Litigation Rules, and generally proceeds in the following order.

• In principle, conciliation is attempted first through the family conciliation procedure.

→ However, where one or both spouses cannot be summoned other than by service by public notice, the litigation proceeds directly.

• If no settlement is reached, the divorce litigation proceeds.

• An exchange of written submissions with the other party and the holding of pleading dates take place.

• Examination of evidence (such as examination of the parties and examination of witnesses) may be conducted.

• The court renders judgment on the outcome of the divorce litigation, and the judgment takes effect.

→ A party dissatisfied with the judgment may file an appeal or a final appeal within 14 days from the day the written judgment is served.

• A report of divorce is filed with the administrative authority within one month.

A judicial divorce generally takes about six months to one year, depending on the complexity of the matter and the scope of the issues, and may be prolonged over several years where there are many issues or the other party actively contests the case.

• Complaint for divorce (application for divorce mediation)

• Marriage relationship certificate for each spouse

• Resident registration abstract for each spouse

• Family relationship certificate for each spouse

• Basic certificate and family relationship certificate of any minor children

• Other supporting materials

A claim for consolation money may be joined with the divorce claim or brought as a separate, independent claim for damages.

Consolation money may be claimed not only in a judicial divorce but also in cases of divorce by agreement, nullity of marriage, and annulment of marriage.

[ Key Considerations in Calculating the Amount of Consolation Money ]

• Proof of a responsible ground, such as an act of infidelity

• The degree of emotional harm

• The duration of the marriage

• Whether there are children

The most common ground for a claim for consolation money is an act of infidelity (adultery).

In the case of infidelity, in addition to the spouse who committed adultery, a claim for damages may also be brought against the affair partner, such as a lawsuit against the adulterous partner (male) or a lawsuit against the adulterous partner (female). The claim may also be brought against the affair partner.

In addition, consolation money may be claimed where emotional suffering can be proven, such as through domestic violence, serious verbal abuse or mistreatment, or the failure to provide living expenses.

In practice, it is common to join the claim for consolation money with the divorce litigation and pursue them together.

The following materials are required when claiming consolation money against a spouse.

• Photographs and videos capturing the act of infidelity
• Records of police reports concerning acts such as domestic violence
• Medical certificates and psychiatric counseling records following assault
• Evidence that the spouse wasted the family finances
• Audio recordings containing unreasonable demands or verbal abuse
• Other evidentiary materials relating to the other party's grounds of fault

Based on such evidence, the court calculates the amount of consolation money in light of the emotional suffering and its degree.

If you have difficulty gathering such evidence, it may be advisable to seek the assistance of an evidence-gathering professional.

The family court may order compliance and similar measures against a party who refuses to pay consolation money.

If the party fails to comply with such an order, the court may impose an administrative fine or order detention for up to 30 days until the consolation money is paid.

In addition, through compulsory execution, the court may proceed with a compulsory auction of the real estate of the person obligated to pay, in order to enforce payment of the consolation money.

• Gifted or inherited property: In principle this is separate property, but partial division may be possible where the other party's contribution to its maintenance, management, or increase is proven.

• Limitation period: The claim must be brought within two years after the divorce is finalized.

• Even an at-fault spouse may claim property division.

• Property received through division is not income, so no income tax is payable; however, if ownership of real estate is transferred, acquisition tax, local education tax, and the special tax for rural development must be paid.

• The person who transfers the property by way of division is likewise not subject to capital gains tax.

If you are concerned that the other party may conceal property, you may consider the property disclosure and property inquiry systems.

For a claim for division of marital property, where it is found necessary, the family court may order a party to submit a property list specifying that party's financial condition.

In such a case, the following property list must be submitted.

• Ownership of real estate, surface rights, and the like
• Ownership of automobiles and construction machinery subject to registration or recording, and the like
• Mining rights, fishing rights, and the like
• Money of 1 million won or more, and bills and checks totaling 1 million won or more
• Deposits totaling 1 million won or more, and insurance contracts with insurance proceeds of 1 million won or more
• Remuneration, support payments, income, and the like that may be received periodically

If property disclosure alone makes it difficult to resolve the case, an application for a property inquiry is also available.

If no agreement is reached and a dispute arises, the family court designates the holder of parental authority and the custodian with the welfare of the child as its foremost consideration.

The family court determines the designation of the custodian, the allocation of childrearing expenses, and the matters of childrearing according to whether and how visitation rights are exercised, and in doing so considers the following factors.

• The parents' childrearing capacity, financial means, and childrearing environment

• The child's age and wishes

• The existing childrearing relationship, among others

Weighing these circumstances comprehensively, the court determines to which parent custody and parental authority will be granted.

The fact that matters of childrearing are settled through divorce does not change the blood relationship, the duty of support, or the right of inheritance between parent and child.

Visitation rights are the right of a parent who does not directly raise the child after divorce to interact with the child through meetings, telephone calls, letters, and the like.

If a parent has died or contact with the child is impossible, lineal ascendants such as grandparents may also apply for visitation.

If the other party obstructs this without justifiable reason, an application may be made to the family court for an order to comply and the imposition of an administrative fine, but confinement is not permitted.

However, where there is a risk of harm to the welfare of the child, the court may restrict or exclude visitation.

In addition, where a full adoption takes place after remarriage, the visitation rights of the biological parent are extinguished.

A parent who does not raise the child must pay child support.

The method of payment is not restricted, whether by lump sum or in installments, and payment may also be received in kind, such as real estate, rather than in cash.

Generally, the period for bearing child support runs until the child reaches adulthood, and the specific amount of child support is determined in light of the parents' financial situation and other circumstances.

If circumstances change such that child support should be increased or reduced, a claim may be brought through a petition for adjudication to modify child support, among other means.

The child support calculation table is as follows. (Source: Seoul Family Court)

A child support claim is subject to compulsory execution, so in the event of non-payment it can be enforced through an application to the court for compulsory execution, an inquiry into property, the attachment of wages, and similar measures.

In addition, following the amendment of the Act on Securing and Supporting the Performance of Child Support, from July 1, 2025, unpaid child support may be paid in advance by the State until the minor child reaches adulthood (with the State subsequently recovering the amount from the debtor).

However, there are criteria for advance payment, such as minor children in households at or below 150% of the standard median income and the amount payable, so please confirm these in advance.

Sanctions may also be imposed on those who fail to perform child support obligations (such as suspension of a driver's license, a ban on departure from the country, and disclosure of the list of defaulters).

As a general rule, a child follows the father's surname and origin. However, where a change of surname and origin is necessary for the child's welfare following a judicial divorce, a petition for a ruling to change the surname and origin may be filed with the family court.

The application for the change of surname and origin is filed with the competent family court.

Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), forms a task force of one to twenty members depending on the scale and difficulty of the matter and does its utmost to assist so that the client's rights and interests are protected.

If you have any questions regarding judicial divorce, please book a legal consultation.