International Divorce in Korea — English-Speaking Attorneys
Since 2014, we have handled more than 500 cases across all practice areas in 30 courts nationwide — with international divorce at the core of our practice since 2015.
International Divorce in Korea: Key Facts
- Can I divorce a Korean spouse in a Korean court while living abroad?
- Yes. If your spouse's habitual residence is in Korea, a Korean court can hear the case (Private International Act, Article 3). In most cases our attorneys represent you without you appearing in Korea.
- What if my spouse refuses to divorce?
- A contested divorce can proceed on the grounds in Article 840 of the Civil Act, such as infidelity, malicious desertion or any other serious reason that makes it difficult to continue the marriage. It typically takes about 8 to 18 months.
- Which country's law applies?
- If one spouse is a Korean national habitually resident in Korea, Korean law governs the divorce. Otherwise the court applies the spouses' common national law, then the law of their common habitual residence (Private International Act, Articles 64 and 66).
- What happens to property and children?
- Property built up during the marriage is divided according to each spouse's contribution, and assets held abroad can be included. Custody is decided by the child's best interests, not nationality.
- Is there a faster route if we already agree?
- A consensual divorce needs both spouses to appear in person. An agreed divorce can instead be finalized as an enforceable court judgment through counsel, often in as little as one week.
Yeohae in numbers
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Our Experience, Shown in Court Judgments
We have handled divorce and other family cases not only in Seoul but in courts across Korea. Below are some of the judgments and decisions we have obtained.
Registered Divorce Specialist, Korean Bar Association
Pyoung-ho Kim, the Representative Attorney, registered divorce as his specialist field with the Korean Bar Association in 2018 (No. 2018-530).
Facing Divorce from a Korean Spouse?
Whether you're a foreign national married to a Korean citizen, or a Korean living abroad, divorce involving Korean law can feel overwhelming — especially when you're not sure which country's courts apply, how to protect your assets, or what happens to your children.
We understand the specific pressures international families face:
- Your spouse may be in Korea while you are abroad
- Property may be divided across multiple countries
- Child custody and relocation across borders
- Language barriers in Korean court proceedings
International divorce has been a core focus of our practice since 2015. Our office provides dedicated English-language support for international clients at every stage.
KakaoTalk consultation →Our International Divorce Services
Contested Divorce Representation
Filing, hearings, and negotiations when your spouse refuses to cooperate or disputes arise over assets or custody.
International Property Division
Korean court orders for assets held in Korea, the US, or other countries. Pension, real estate, and business interests.
Learn more →Child Custody & Relocation
Custody orders, international relocation approvals, and Hague Convention applications for children in Korea.
Learn more →USFK & Expat Cases
Specialized representation for US military personnel, foreign workers, and expatriates navigating Korean family law.
Which Court Handles Your Case?
| Your situation | Jurisdiction | Can Yeohae represent you? |
|---|---|---|
| Korean spouse lives in Korea, you live abroad | Korean Family Court | Yes — no appearance required in most cases |
| Both spouses currently in Korea | Korean Family Court | Yes — full representation |
| USFK service member married to Korean national | Korean Family Court (SOFA does not exempt) | Yes — USFK cases handled |
| Child taken to / kept in Korea without consent | Hague Convention + Korean court | Yes — Hague applications handled |
| Both spouses abroad, assets in Korea | Consult required (varies) | Case-by-case — contact us |
* Jurisdiction depends on multiple factors. Contact us for a free assessment of your specific situation.
Comparing US and Korean divorce law? Read our guide: Grounds for Divorce: United States vs. Korea
Legal basis: a Korean court can hear a divorce against a spouse whose habitual residence is in Korea (Private International Act, Article 3). Article 56 adds further grounds, for example where one spouse lives in Korea and the couple's last shared home was in Korea, or where the plaintiff and minor children live in Korea. Where neither applies, the court asks whether the case has a substantial connection with Korea (Article 2). Return of a child wrongfully taken to or kept in Korea is sought under the Hague Convention and Article 12 of the Act on the Implementation of the Hague Child Abduction Convention.
Not sure which court applies? Send us your situation on KakaoTalk →Why Yeohae? Highly Skilled and Caring Experts
International divorce is among our core fields, handled by attorneys licensed by the Korean Bar Association.
Excellent Lawyer Award from the Korean Bar Association
Pyoung-ho Kim, Representative Attorney, received the Excellent Lawyer Award from the Korean Bar Association in recognition of his dedication to his cases and clients.
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In 2021 he received both the Young Lawyer Award and the Excellent Lawyer Award from the Korean Bar Association.
Nationwide, Expedited
Extensive experience handling cases in more than 30 district courts in Korea — not only in Seoul but nationwide.
International Divorce Situations We Handle
Reconstructed from actual cases to protect personal information.
- A woman married to a foreign husband and living in her husband's country. I have two children of dual citizenship and own some property in my country of residence. Embarrassingly, my husband recently filed for divorce in the Korean Family Court, how can I respond?
Key issue: Whether the Korean court has jurisdiction over a spouse living abroad (Private International Act, Article 56), the deadline to answer, and whether property in your country falls within the division claim. Read the guide →
- I married my American husband a long time ago, but it has been more than 10 years since I came back to Korea alone due to conflict and separated. I want to go through divorce proceedings in Korea, but I have already lost my Korean citizenship. Can I get a divorce in Korea?
Key issue: Losing Korean nationality does not close the Korean courts, but with the husband abroad, jurisdiction has to rest on Article 56 or a substantial connection with Korea (Article 2), and the governing law follows Articles 64 and 66.
- I got married and divorced abroad, but I didn't know that I had to file a divorce report in Korea as well. I want to organize my documents in Korea, what should I do?
Key issue: Both the marriage and the foreign divorce can be reported to the Korean family register; a foreign court divorce is accepted if it meets the recognition requirements of Article 217 of the Civil Procedure Act. Read the guide →
- I got married in Korea and got divorced while immigrating to the United States. When I try to file divorce papers at the Korean embassy, they say that the couple should come together. How can I file for divorce?
Key issue: Only a consensual divorce filed through a Korean mission needs both spouses. A divorce granted by a U.S. court is reported in Korea with the judgment and proof that it is final, and is accepted if it meets Article 217 of the Civil Procedure Act. Read the guide →
- I am a US citizen living in Korea. I married my husband of Korean nationality in the United States, but I did not register my marriage in Korea. I want to get a divorce due to ongoing marital conflict, but is it possible to get a divorce even if I have not registered my marriage in Korea?
Key issue: A marriage validly celebrated in the United States is valid in Korea even if it was never reported to the Korean register (Private International Act, Article 63(2)), so a Korean court can still dissolve it. Read the guide →
- I am a Korean woman living in Canada. I had a conflict with my husband, and while filing for divorce in a Canadian court, my husband took the child to Korea without a word, and filed for divorce in the Korean Family Court. How should I respond?
Key issue: Parallel cases in Canada and Korea: a Korean court may stay its case while a foreign case that is likely to be recognized is pending (Private International Act, Article 11), and a child wrongfully taken to Korea can be the subject of a Hague return application. Read the guide →
Show 10 more situations ↓
- While studying abroad, I met and married a Korean spouse. Conflicts continued throughout our marriage, and we returned to Korea at different times and now we live without contact. I have registered my marriage in a foreign country only. Do I have to get a divorce? Can I get a divorce in Korea?
Key issue: A marriage registered only abroad is still a valid marriage under Article 63(2) of the Private International Act; with both spouses now living in Korea, a Korean court can hear the divorce. Read the guide →
- I have permanent residency in Canada. My husband, who was living alone in Korea, filed a divorce suit involving division of property in a Canadian court. I don't even know my husband's property in Korea, so can I just divide the property in Canada like this?
Key issue: Korean assets often come to light only through Korean court tools such as asset disclosure and asset inquiry orders (Family Litigation Act, Articles 48-2 and 48-3), and a foreign order over Korean property must be recognized in Korea before it can be enforced. Read the guide →
- We are a US citizen couple, currently living in Korea, and our property is located in Korea and the United States. Due to ongoing marital conflict, we have decided to divorce, but my wife is demanding excessive division of the property. How should I respond?
Key issue: For two U.S. citizens, a Korean court applies the law the Private International Act points to, starting with the spouses' common national law (Articles 64 and 66), so the governing state law matters as much as where the assets are. Read the guide →
- I am a Taiwanese woman. I met my husband when he was studying in Taiwan and got married. I want a divorce because of my husband's repeated affair. I currently live in Taiwan and have no plans to enter Korea, and my husband lives in Korea. I want a divorce as soon as possible.
Key issue: Infidelity is a ground for divorce under Article 840(1) of the Civil Act. Because the husband lives in Korea, a Korean court can hear the case (Private International Act, Article 3), and counsel can conduct it without the wife entering Korea. Read the guide →
- I married a European woman in Korea and then came to the United States to study together. There were frequent quarrels while living in the United States, and my wife returned to her home country. We both agreed to a divorce, and I would like to get a divorce in Korea for convenience.
Key issue: A consensual divorce requires both spouses to appear in person; an agreed divorce can instead be finalized as a court case through counsel, provided a Korean court has jurisdiction. Read the guide →
- I am married to my American husband and live in Hawaii. I have two children of dual citizenship. I want to get a divorce because there are many conflicts due to housework and financial reasons. Is it possible? If I get a divorce, would it be advantageous for me to get a divorce in Korea or the United States?
Key issue: Choosing the forum: Korean and U.S. courts differ on grounds, property division, custody and support, and a judgment from one country may need to be recognized in the other. Read the guide →
- I met and married a Chinese wife in the United States. I came to Korea and have been married for about 3 years. Due to cultural differences, it is impossible to live together. Can I get a divorce in Korea?
Key issue: Where one spouse is a Korean national habitually resident in Korea, Korean law governs the divorce (Private International Act, Article 66), and with both spouses in Korea a Korean court can hear it.
- I am married to my Thai wife and live in Thailand. I have one child of dual citizenship. The conflict is so severe that I want a divorce, but my wife doesn't want a divorce. Can I get a divorce?
Key issue: A refusal does not prevent a contested divorce, but with both spouses living in Thailand, Korean jurisdiction is limited (Private International Act, Articles 2 and 56), so the forum has to be settled first.
- While traveling abroad, I met and married a wife of European nationality, and I have one child of dual citizenship. I found out that my wife had left the house and was living with another man. It was difficult to live there any longer, so I returned to Korea with my child. I want to divorce in Korea.
Key issue: Infidelity and desertion are grounds under Article 840 of the Civil Act; bringing the child to Korea without the mother's consent can lead to a Hague return application, which shapes the custody strategy. Read the guide →
- I am trying to get a default judgment against my Korean spouse in the US. Is the US default judgment accepted in Korea?
Key issue: A foreign default judgment is recognized in Korea only if the defendant was served in time to defend, by a lawful method other than service by publication (Civil Procedure Act, Article 217(1)(ii)). Read the guide →
Divorce Procedure in Korea
- Free Initial Consultation with a Legal Specialist
Tell us your current situation, and we will explain key legal issues and available procedures.
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We review your spouse’s location, whether there are children, marriage duration, and grounds for divorce.
Phone & in-person consultations available · Phone consultation available for non-local clients · Complex cases may be referred to a paid attorney consultation
- Case Analysis & Strategy Planning
Before filing, we predict the other party’s response and build a tailored strategy.
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We pre-analyze custody risks, property division strategy, and required evidence.
- File the Complaint
We file the complaint and submit evidence requests for alimony and property division claims.
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This helps secure favorable evidence and may shorten trial duration.
- Trial or Mediation
Depending on the dispute level, the case may settle early or proceed through 2–3 hearings with evidence collection.
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If custody/visitation is contested, a family investigation may be conducted.
- Judgment Finalized & Divorce Effective
Once the judgment becomes final, the marriage is legally dissolved.
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Administrative follow-up procedures are then carried out.
- Family Registry Update Completed
We guide you through reporting so the divorce is reflected in your family relation certificate.
International Divorce Guides
- Korean Property After a Foreign Divorce: Is It Too Late to Claim?Divorced abroad but Korean property never divided? How the foreign decree, Korean jurisdiction and the two-year…
- Evidence Created Abroad: What a Korean Court Does With Your Foreign DocumentsDocuments created abroad are not automatically evidence in Korea. How Korean courts treat private documents…
- Recognition of a Korean Divorce in the Philippines: What the Korean Side Must SupplyDivorced in Korea but still married on Philippine records? A Philippine court must recognise the Korean divorce first…
- Your Spouse Filed for Divorce Abroad: What a Korean Court Does NextYour spouse filed for divorce abroad and a Korean case is also in play. Article 11 of Korea Act on Private…
- Marriage Annulment in Korea: Void, Voidable, or Only Divorce?In Korea, annulment means two separate claims with different grounds, deadlines and consequences — and one expires in…
- Divorcing a Filipino Spouse in Korea: What Korean Courts Can DoThe Philippines has no divorce law. Korea does — and a Korean court can end a Korean-Filipino marriage. When…
- Remarrying in Korea After a Divorce Abroad: What the Registry Office Checks FirstPlanning to marry in Korea after a divorce abroad? The registrar must be satisfied your earlier marriage is legally…
- Pension Division in a Korean Divorce: What a Foreign Spouse Can ClaimKorea splits pensions two ways on divorce — property division (Civil Act 839-2) and the National Pension divided…
Related pages
- Premium Uncontested DivorceAn enforceable Korean court judgment on agreed terms, with no court appearance
- Child Custody for International FamiliesCustody, child support and visitation in the Korean courts
- International Child Abduction (Hague Convention)Return applications for a child taken to or kept in Korea
- Constructive DesertionDivorce on the ground of malicious desertion
- Child Support from a Parent in KoreaFiling, modifying and enforcing child support from abroad
Frequently Asked Questions
My Korean spouse refuses to divorce. What can I do?
You can file for a contested divorce (이혼소송) in Korean family court even if your spouse refuses. Korean family law allows divorce on grounds including infidelity, malicious desertion, seriously unjust treatment, or any other serious reason that makes it difficult to continue the marriage (Civil Act, Article 840). Our attorneys have handled hundreds of contested cases. Proceedings typically take about 8 to 18 months.
Can I file for divorce in Korea while living abroad?
Yes. If your Korean spouse resides in Korea, you can file in Korean family court from abroad. Our attorneys can represent you in most hearings without requiring your presence in Korea. We serve clients in the US, Europe, Australia, and worldwide.
I'm a US military service member (USFK) married to a Korean national. How does divorce work?
USFK members are subject to Korean family court jurisdiction when their Korean spouse resides in Korea — SOFA does not provide exemption from family law proceedings. We have experience representing active-duty personnel and veterans in Korean divorce cases, including child custody and military pension division. US line: (240) 348-9181.
How is marital property divided in Korea?
Korean courts divide property based on each spouse's contribution. Assets accumulated during the marriage — real estate, savings, pensions, and business interests — are clearly subject to division. Pre-marital assets may also be included depending on the length of the marriage and the other spouse's degree of contribution to their maintenance or growth. Foreign assets held abroad can also fall within the scope of Korean court orders. We regularly handle cases involving overseas property. For more information, see our detailed guide on international property division in Korea.
Can I get child custody as a foreign parent in Korea?
Yes. Korean courts determine custody based on the best interests of the child, not nationality. Foreign parents can receive full custody. Key factors include who has been the primary caregiver, home stability, and (for older children) the child's own preferences. We also handle international relocation orders. See our dedicated page on child custody for international families in Korea.
Does Korea follow the Hague Convention on international child abduction?
Yes. Korea joined the Hague Convention in 2012, and it has applied in Korea since 1 March 2013. If your child has been wrongfully taken to or retained in Korea, you can apply for their return. Our office handles both Hague Convention applications and related Korean court proceedings. Learn more about our Hague Convention and child abduction services.
How long does divorce take in Korea?
Korean divorce law provides two main routes. Consensual divorce (협의이혼) requires both parties to appear in person in Korea at least twice and does not allow attorney representation — making it impractical for foreigners living abroad, and it does not produce enforceable property division orders. Court divorce (이혼소송) typically takes about 8 to 18 months, but for couples who have already reached agreement on all terms, our office provides a Premium Uncontested Divorce Service — delivering a fully enforceable court judgment for property, custody, and support arrangements, often in as little as one week, with no court appearances required.
Do I need to appear in Korean court in person?
In the majority of cases we handle, clients do not need to appear in Korean court in person at all — our attorneys represent you throughout the entire proceedings. Personal appearance is only required in rare situations where the court specifically requests it, typically in certain mediation proceedings. We will advise you clearly whether your case requires it.
Is a Korean-licensed attorney necessary for my case?
Yes. A Korean Bar Association-licensed attorney is required for filing petitions, representing you at hearings, negotiating settlements, and enforcing court orders. Our attorneys are all Korean-licensed, and our office provides dedicated English-language support for international clients throughout the process.
Representative Attorney Pyoungho Kim
- 2011
- Passed the Judicial Examination
- 2011
- 1st Bar Exam Reviewer (Ministry of Justice)
- 2012
- 54th Judicial Examination Reviewer (Ministry of Justice)
- 2013
- Seoul Central District Court Civil Conciliation Committee
- 2013
- Deputy Prosecutor at Jeonju District Prosecutors' Office
- 2013
- Professional Institutional Training in the Office of a National Assembly Member
Full career (10 more)
- 2013
- KOTRA Washington Trade Center — Study on U.S. Government Procurement Laws
- 2015
- Member, International Committee of the Korean Bar Association
- 2015
- Member, Autonomous Committee for Countermeasures against School Violence, Seoi Elementary School, Seoul
- 2017
- Director, Korea Paragliding Association
- 2017
- Member, Seoul Bar Association Judging Committee
- 2017
- Seoul Family Court Adult Guardian
- 2020
- Regulation Reviewer, Seoul Entrepreneurs Association
- 2020
- Member, Committee for the Protection of School Rights, Seoi Elementary School, Seoul
- 2021
- Korean Bar Association Young Lawyer Award
- 2021
- Excellent Lawyer selected by the Korean Bar Association
Education: Yonsei University, Department of Physics · Languages: Korean, English · Press coverage (Naver News, Korean)
Certifications and awards
Reviewed by Pyoung-ho Kim, Attorney at Law · Last updated 8 November 2026
Get a Free Consultation
Tell us briefly where you and your spouse live, whether you have children, and what has happened so far. Our team replies to initial inquiries in English and, where the matter calls for it, arranges a consultation with a Korean lawyer. You do not need to have everything organised before you write.
Korea +82-2-537-2370 · +82-2-537-4455
Hours Mon–Fri, 9:30–18:00 (Korea time)
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