Introduction
In this article, we will explore the process of getting a divorce in Korea. Divorce is still considered a taboo subject in Korea, and the process can be complicated and lengthy. However, changes to the law in recent years have made it easier for couples to end their marriage. We will examine the legal requirements for divorce, the various types of divorce available, and how long the process typically takes.
The Legal Requirements for Divorce
In Korea, there are three main grounds for divorce: adultery, abuse, and irreconcilable differences. In order to file for divorce on the grounds of adultery or abuse, evidence must be provided to the court. For irreconcilable differences, both parties must agree to the divorce. In addition, one of the parties must be a Korean citizen or have been a resident for at least one year.
The Types of Divorce Available
There are two types of divorce available in Korea: uncontested and contested. Uncontested divorces are simpler and quicker, as both parties agree to the terms of the divorce. Contested divorces can take much longer, as issues such as property division and child custody must be resolved in court.
- Talk To Me In Korean (Author)
- English (Publication Language)
- 164 Pages - 09/21/2015 (Publication Date) - Longtail Books (Publisher)
- Kim, Woojoo (Author)
- English (Publication Language)
- 6 Pages - 11/23/2021 (Publication Date) - Tuttle Publishing (Publisher)
The Process of Getting a Divorce
The first step in getting a divorce in Korea is to file an application with the family court. If both parties agree to the divorce, the court will issue a divorce decree after a waiting period of one month. If there are disagreements, the case will go to trial and a judge will make a final decision.
How Long Does it Take?
The length of time it takes to get a divorce in Korea depends on several factors, including whether it is contested or uncontested and how quickly the court can schedule hearings. Uncontested divorces can typically be completed in as little as three months. Contested divorces can take much longer, sometimes up to two years or more.
Child Custody and Support
In Korea, child custody is typically awarded to the mother, but this can vary depending on the circumstances of the case. Both parents are responsible for providing financial support for their children, and the court will determine the amount of support based on several factors.
Property Division
In Korea, property acquired during the marriage is typically divided equally between both parties. However, there are exceptions to this rule, such as when one party contributed significantly more to the acquisition of the property.
Mediation and Counseling
In some cases, the court may recommend mediation or counseling as a way to resolve disputes and avoid a lengthy court battle. This can be particularly helpful in cases where child custody or support is an issue.
The Role of Lawyers
Lawyers are not required for divorce proceedings in Korea, but many couples choose to hire them for assistance with the process. A lawyer can help ensure that all legal requirements are met and can offer guidance on issues such as property division and child custody.
Cultural Attitudes Toward Divorce
Divorce is still considered a taboo subject in Korean culture, and many people feel pressure to stay in unhappy marriages rather than face social stigma. However, attitudes are slowly changing, particularly among younger generations.
Conclusion
Getting a divorce in Korea can be a complicated and emotional process. However, changes to the law in recent years have made it easier for couples to end their marriage. By understanding the legal requirements and options available, couples can navigate the process more smoothly and move forward with their lives.
Is it difficult to divorce in Korea?
In Korea, divorce without fault is not legally recognized except in cases where both parties agree. The divorce process is based on finding fault and assigning blame between the two parties involved. The courts believe that innocent spouses should not be forced into a divorce they don’t want.
Which country is hardest to get divorce?
- Talk To Me In Korean (Author)
- English (Publication Language)
- 164 Pages - 09/21/2015 (Publication Date) - Longtail Books (Publisher)
- Kim, Woojoo (Author)
- English (Publication Language)
- 6 Pages - 11/23/2021 (Publication Date) - Tuttle Publishing (Publisher)
Vatican City is a Catholic-controlled city-state governed by the Pope, where divorce is not permitted. It is the world’s smallest country, covering only 100 acres, with a population of 842 inhabitants, all of whom are Catholic. These facts are not likely to surprise many people.
Which country has the easiest divorce process?
Slovenia has one of the most straightforward processes for obtaining a divorce globally, thanks to its use of a no-fault system that permits couples to file for divorce without having to provide evidence of a specific reason.
How long does divorce take in Korea?
When seeking a divorce in Korea, the length of time it takes to finalize depends on several factors. If both parties agree to the divorce, it can typically be completed within a month or two. However, in cases where there is disagreement, a contested divorce can take between 5 to 9 months to be resolved by the court.
Are affairs common in Korea?
According to a study, more than half of the surveyed men (50.8%) and a small percentage of the surveyed women (9.3%) admitted to having cheated on their legal partners at least once. The study also revealed that Korean men in their 50s had an average of 12.5 extramarital partners. This information was published on August 1, 2016.
Is love marriage common in Korea?
In recent years, “love” marriages have become increasingly prevalent in South Korea. This term refers to marriages in which two individuals meet and fall in love on their own, without the assistance of matchmakers or arranged meetings organized by their families.
It’s worth noting that divorce rates in Korea have been steadily increasing over the past few decades. In 2019, the divorce rate reached an all-time high, with nearly 110,000 divorces taking place. This is a significant increase from just a decade earlier when the divorce rate was around 70,000.
Another factor contributing to the rise in divorces is changing attitudes towards gender roles and marriage. Traditional gender roles have historically been strongly enforced in Korea, with men expected to be breadwinners and women expected to take care of the home and children. However, as more women have entered the workforce and gained financial independence, these roles have become less rigid.
Despite these changes, there are still many challenges facing those who seek a divorce in Korea. One of the biggest issues is the lack of support for divorced individuals, particularly women. Divorced women often face discrimination in the job market and may struggle to support themselves and their children financially.
In recent years, some organizations and advocacy groups have emerged to help support divorced individuals in Korea. These groups offer counseling services, legal advice, and other resources to help people navigate the challenges of divorce.
Overall, while divorce is still considered taboo in Korean culture, attitudes are slowly changing. As more people seek to end unhappy marriages and gain greater autonomy over their lives, it’s likely that we will continue to see changes in the legal system and social attitudes towards divorce in Korea.
