Procedure When You Receive a Divorce Complaint or Mediation Application

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Receipt of the complaint copy and mediation date notice
2. 2Submitting a written answer
3. 3Appearing on the mediation date
4. 4Filing a counterclaim
5. 5Decision in lieu of mediation
6. 6Hearings and examination of evidence
7. 7Delivery of judgment
8. 8Appeal
9. 9Finality and divorce report

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

If it ends in mediation, there is no trial; if it goes to litigation, the length varies greatly by case, so check the progress with the court division in charge

Cost

The answer itself costs nothing. If you file a counterclaim, there are stamp and service fees based on the claimed amount, and appraisal fees.

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   The court sends you by mail a copy of the complaint or of the application for mediation filed by your spouse, together with instructions for submitting an answer and a notice of the mediation date. The day you receive it is the starting point for all deadlines, so keep the envelope and the date of receipt. Even if you try not to accept it, the court continues the procedure by service by mailing or service by public notice (ways that treat sending or posting the documents as delivery). Avoiding it does not stop the trial; you only lose the chance to make your case.

2. 2

   Submit a written answer within 30 days from the day you receive the copy of the complaint (Civil Procedure Act §256(1) applies under Family Litigation Act §12). Write whether you agree to the divorce, who is responsible for the breakdown of the marriage, and your position on property division, child-rearing and visitation (how the other parent will see the child), and attach evidence. For the divorce claim, not submitting an answer is not treated as admitting the other party's claims (proviso to Family Litigation Act §12), but there is no such exception for a consolation money claim, and the trial proceeds mainly on the other party's materials. So it is important to state your position within the deadline.

3. 3

   Divorce is a case that must go through mediation first (Family Litigation Act §50), so you must appear in person on the notified mediation date (Family Litigation Act §7). If you fail to appear without a good reason, you may be fined up to KRW 500,000 (Family Litigation Act §66), and either a decision in lieu of mediation is made without your input or the case moves to litigation. If an agreement is reached, a mediation record is prepared, and this record has the same effect as a final judgment. So check the terms carefully before signing.

4. 4

   If you also want to claim consolation money, property division, parental authority or child support, you must file a counterclaim before the hearings end (Civil Procedure Act §269). Writing it in the answer alone does not count as a claim. If child support is urgently needed during the trial or you are worried the other party will dispose of property, also apply for a pre-trial disposition or provisional attachment. This is because once property has been disposed of, it is hard to collect even if you win the judgment.

   Current step
5. 5

   If no agreement is reached, the court may make a decision in lieu of mediation instead of an agreement. If you find it hard to accept, you must file an objection within 2 weeks from the day you receive the written decision. If there is no objection, it becomes final as it is and has the same effect as a judgment, so review its contents as soon as you receive it.

6. 6

   If mediation fails, the case moves to litigation and hearing dates (trial dates) are held. Through an investigation by a family investigator, examination of the parties themselves, examination of witnesses, orders for property disclosure and submission of financial transaction information, and property appraisals, the court establishes responsibility for the breakdown of the marriage and the scope of property to be divided. Appear on every hearing date and set out your arguments in briefs. If you do not appear, it becomes that much harder for your arguments to be reflected.

7. 7

   The judgment decides at once whether to grant the divorce, along with consolation money, property division, the person with parental authority and the custodial parent, child support and visitation. If you find the judgment hard to accept, appeal within 14 days from the day you receive the authentic copy of the judgment (Family Litigation Act §19(1)). If the other party appeals, you can also contest it with an incidental appeal (contesting together in response to the other party's appeal).

8. 8

   Once the judgment becomes final, file a divorce report at the city, district, town or township office within 1 month from the date it becomes final, attaching the authentic copy of the judgment and a certificate of finality (Family Relationship Registration Act §78, §58). As a rule, the party who filed the case reports it, but if that party does not, you can file the report. The family relationship register is updated only once the report is filed.

Frequently asked questions

Practical questions that come up right away in this procedure.

QI received a complaint. Do I really have to submit a written answer?

Yes, as a rule you should submit one. Submit it within 30 days from the day you receive the copy of the complaint.For a divorce claim, you do not lose immediately even if you do not submit an answer. However, for a consolation money (damages) claim, you may be treated as having made an admission (accepting the other side's claims), as in a civil lawsuit.Also, if you do not submit one, mediation and trial proceed mainly on the other party's claims and materials. The later you are, the fewer chances you have for your position to be reflected.

QWhat should I write in the answer? Is there a form?

You can get the form from the Supreme Court e-litigation website and the court's civil service office. First, write which of the other party's claims you admit and which you deny.Also write whether you agree to the divorce and who is responsible for the breakdown of the marriage. Write your position on property division, child-rearing and visitation (seeing the child) too.Then attach evidence (messages, photos, transaction records). Your claims can be accepted only if there is evidence.

QDo I have to go to the mediation date in person?

Yes, you must go in person. In divorce mediation, the rule is that you appear yourself.A representative may appear only with permission when there are special circumstances. If you fail to appear without a good reason, you may be fined up to KRW 500,000.A decision in lieu of mediation (a mediation plan set by the court itself) may also be issued without your input. If the date does not work for you, it is best to ask the court division in advance to change the date.

QWhat do I do if I also want consolation money or property division?

You must file a counterclaim (a claim of your own against the other party). Just writing "I want to receive something too" in your answer does not count as a claim.The court decides it together in the judgment only if you make the counterclaim before the hearings (the procedure for making your arguments in court) end, so file it without delay. When you file a counterclaim, you pay a stamp fee based on the claimed amount.

QWhat if I think the other party will hide property or take the child?

Freeze the property through family-case provisional attachment or provisional injunction procedures, and for child issues, apply for a pre-trial disposition designating a temporary custodial parent or setting visitation. Both are applied for separately from the main trial (the divorce lawsuit itself), so it is best to prepare as soon as you receive the complaint.

QWho files the divorce report?

As a rule, the party who filed the case reports it within 1 month from the date the judgment becomes final. If that party does not, you can file the report.Go to the city, district, town or township office with the authentic copy of the judgment and a certificate of finality. If the case ended in mediation, report it within 1 month from the day the mediation was concluded.