Divorce Lawsuit (Mediation) Procedure

Which step are you at?

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

1. 1Application for mediation / filing a complaint
2. 2Fact investigation and pre-trial disposition
3. 3Mediation date
4. 4Transfer to litigation
5. 5Hearings and examination of evidence
6. 6Delivery of judgment
7. 7Appeal and finality

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

Time required

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

Cost

Stamp fee (fixed amounts per item such as KRW 20,000 for divorce, plus more for property division, etc. depending on the claimed amount), service fee, appraisal fees

Procedure guide

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

1. 1

   Disputes over family relationships, such as divorce, consolation money, property division and parent-child relationships, start with filing an application for mediation or a complaint with the family court with jurisdiction. Category Na and Da family litigation cases and Category Ma family non-litigation cases must first go through mediation (a procedure in which the court tries to reach an agreement) before trial (Family Litigation Act §50(1)). So even if you file a complaint first, the court in principle refers the case to mediation.

   Current step
2. 2

   Before mediation, a family investigator may interview the parties and investigate the family environment. If child support is urgently needed before the trial ends, or you are worried the other party will dispose of property, apply for a pre-trial disposition (a temporary measure during the trial), such as temporary payment of child support (Family Litigation Act §62, §63). This is because if you wait until the trial ends, you may struggle to make ends meet or the property you should receive may disappear.

3. 3

   On the mediation date, the parties try to reach an agreement before a mediation committee or a mediation judge, and several sessions may be held. If an agreement is reached, a mediation record is prepared, and this record has the same effect as a judgment. If the court makes a decision in lieu of mediation (a decision the court makes instead of an agreement) and you find it hard to accept, you must file an objection within 2 weeks. If there is no objection, it becomes final as it is and cannot be undone.

4. 4

   If mediation fails, the case moves to litigation and hearing dates (trial dates) are set. At the hearings, the court examines the parties themselves and witnesses, orders submission of financial transaction information, appraises property and so on, to establish who is responsible for the breakdown of the marriage and how much property is to be divided. If you do not know the other party's property, use an application for a property disclosure or inquiry. This is because if property to be divided is left out, the property division amount also shrinks.

5. 5

   The judgment decides at once whether to grant the divorce, along with consolation money, property division, parental authority and custody, child support and visitation (how the other parent will see the child). If there is a minor child, the court recommends that the parties agree in advance on the person with parental authority, child-rearing and visitation (Family Litigation Act §25), and if they cannot agree, the court decides on its own authority even without a claim (Civil Act §909(5), §843 and §837(4)).

6. 6

   If you find the judgment hard to accept, you can appeal within 2 weeks from the day you receive the written judgment (Family Litigation Act §19(1)). If the judgment becomes final without an appeal, you must file a divorce report at the city, district, town or township office within 1 month to update the family relationship register (Family Relationship Registration Act §78, §58). Even after the judgment becomes final, the register stays unchanged if you do not file the report.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court should I file with?

You file with the family court determined in the following order. If both spouses live within the jurisdiction of the same family court, it is that family court.If one spouse still lives within the jurisdiction of the place where you last lived together, it is that family court. If neither applies, it is the family court for the other party's address. An application for mediation can also be filed with a family court the spouses have agreed on.In areas without a family court, the family division of the district court (branch court) handles the case. You can also file through the Supreme Court e-litigation system, so you do not have to go to court in person.

QHow much does it cost?

If you claim divorce only, the stamp fee is KRW 20,000. If you also claim consolation money or property division, you pay the stamp fee calculated on the claimed amount if it is larger. For example, for consolation money of KRW 30,000,000, it is KRW 70,000.The service fee is paid in advance for a set number of services based on the number of parties. The court where you file can tell you the amount. If you start with an application for mediation, you pay a mediation fee of KRW 5,000.If mediation fails and the case moves to a lawsuit, you pay the difference. If a property appraisal is needed, appraisal fees are charged separately.

QI received a complaint. What should I do?

You must submit a written answer within 30 days from the day you receive the complaint and appear on the scheduled mediation date.Even if you agree to the divorce itself, there may be things you are entitled to in consolation money, property division or custody. If so, you must claim them together through a counterclaim so that they are settled in one trial.A divorce claim is different from a civil case. Not submitting an answer is not treated as admitting the other party's claims, so you will not immediately lose the case.However, this exception does not apply to parts claiming money, such as consolation money. Your own arguments will also not be reflected to that extent, so it is best to submit the answer within the deadline.

QWhat happens if the other party does not receive the complaint or does not appear in court?

The trial can still go ahead. If the other party's address is unknown, the trial proceeds by service by public notice (posting at the court in place of delivering documents).Even if the other party keeps failing to appear, in family litigation the court investigates the facts on its own authority and gives judgment. So the party who filed the case (the plaintiff) must submit enough material on why the marriage broke down and on the property.

QHow long does it take?

If an agreement is reached in mediation, the case ends without a trial. If it goes to trial, the length varies greatly from case to case, so check the progress with the court division in charge.If a property appraisal, a family investigation or an investigation of the child-rearing environment is involved, there is more to check and it takes longer.

QOnce the judgment is final, who files the divorce report?

The party who filed the case (the plaintiff) does. Within 1 month after the judgment becomes final, file the report at the city, district, town or township office with a certified copy of the judgment and a certificate of finality.The other party's signature or presence is not needed. This is because the court has already decided the divorce. If the case ended in mediation, report it the same way with a certified copy of the mediation record.