Question 1

What is divorce by public notice?

Accepted Answer

When a lawsuit is filed, notify the other party that a lawsuit has been filed. In order to provide an opportunity to defend against this, the court ex officio Sending documents related to a lawsuit is called service.The method of service is delivery by delivery, where documents are delivered directly to the person receiving the service.In principle, however, if such delivery is not possible,In particular, the intention of the parties is very important. In divorce litigation, the other party's address is unknown, etc.The general method of delivering a written divorce complaint to the other party isIn case special circumstances arise where delivery cannot be made, according to certain procedures and requirements.By the method of public notice prescribed by the Civil Procedure Act, such as posting on the court bulletin board.Divorce by public notice is considered to have been served on the other party.However, in consideration of the special nature of these divorce proceedings, the courtWe strictly adhere to the requirements and methods of service by public notice.(For example, if it is unclear whether the other party in the divorce suit currently resides in KoreaInstead of proceeding directly with the public service procedure, the other party's immediate parents, siblings, etc.If you live in the country, send a delivery to the address of your parents, siblings, etc.We are taking a method to ensure delivery through procedures)This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 2

How do I serve by public notice?

Accepted Answer

Service by public notice is made when the address, etc. or place of work of the party is unknown, orIt is impossible to comply with the provisions of Article 191 regarding service to be made in a foreign country, orIn cases where it is recognized that this will not be effective, delay in litigation may be permitted.When it is deemed necessary to avoid Service by public notice may be ordered upon application by the parties.If a party applies for service by public notice, he or she must explain the reason.For service by public notice, a court clerk, etc. keeps the documents to be served and posts the reason on the court bulletin board, orIn addition, other methods prescribed by the Supreme Court Rules, such as publication in the Official Gazette, Gazette or newspaper, or public announcement using electronic communication media, are followed.Service by public notice may be made several times depending on the course of the lawsuit, including delivery of a copy of the complaint and attendance notice.In this case, the first public notice service takes effect two weeks after the date of execution in accordance with the regulations. However,Any subsequent service by public notice to the same party will take effect from the day after it is made.In the case of public notice for service to be made in a foreign country, it takes effect after February.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 3

What documents are required for delivery by public notice?

Accepted Answer

If you do not know the address of the other party in the divorce suit and want to request service by public notice from the courtYou can prepare the following documents and submit them to the family court where the divorce lawsuit was filed.1. Application for public notice delivery2. Copy of canceled resident registration, certificate of non-residence from the head of the last address,Confirmation of unknown whereabouts written by the other party's relatives (parents, brothers, sisters, etc.)Documents that show that the other party's current address is unknown. A copy of an address correction order orYou can receive a “Resident Registration Copy” of the other party by submitting the complaint receipt certificate to the competent town, township, or dong office.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 4

Can I get divorced if my spouse dies?

Accepted Answer

If it is certain that one of the parents has died, a death report may be filed.Since the marriage is dissolved and the marital relationship is terminated, you cannot file for divorce.However, if there is a reason for invalidity or cancellation of marriage,You can file a lawsuit against the prosecutor.1. Grounds for invalidity of marriageWhen there is no agreement on marriage between the parties,Ex) Marriage on the condition of not cohabiting (conditional and limited-term marriage, same-sex marriage, etc.)Registering a marriage for any purpose (e.g. pretend marriage to acquire nationality)There is no intention to marry the person listed in the marriage registration.When there is no fact of cohabitation (false marriage report with incorrect entry in the original notarized certificate),If a third party submits in the name of the party, mistake of identity, etc.When a marriage registration is accepted after the death of one or both partiesIf the mentally ill person lacks mental capacity at the time of marriageWhen one or both parties withdraw their intention to marry before acceptance of the marriage reportIf the marriage is registered in the family relationship register without registrationBlood relatives within the 8th degree of kinship between the parties (including blood relatives of the adoptive child before adoption)When there is or was a direct relative relationship between the partiesWhen there is a direct blood relationship of adoptive parents between the parties.2. Reasons for cancellation of marriageWhen, at the time of marriage, one of the parties did not know that there was a bad character or other serious reason that prevented them from continuing their married life. When the intention to marry is expressed due to fraud or duressThis is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 5

Is child consent required in case of divorce?

Accepted Answer

I do not need it.Just as marriage is established by the agreement of two peopleDivorce is also decided based on the will of the spouses.Therefore, children's consent is not required in divorce proceedings.However, from the parents' point of view, if they have children, the impact divorce can have on their children isI think it is necessary to consider various negative factors.In particular, if you have minor children, you should check whether you are divorced or the conditions of divorce.When making decisions, consider parental rights, child custody, child support, etc.You need to consider it from your child's perspective.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 6

What is the child education program?

Accepted Answer

When a couple with minor children seeks divorce, the court provides guidance on the education (parenting) of the children.It is conducted via video at the family court's child custody training center, and the main contents of the training are:Guide to legal proceedings, custody, considerations for interview negotiation decisions, divorce processReasons for protecting children, impact of parental conflict on children (characteristics of children by age, etc.)and precautions when raising children after divorce.In case of divorce by agreement, parties with minor children must receive child education guidance (formerly parental education).Because the 3 month review period starts from the date of receipt.You must receive education guidance for your child within 3 months of application, and within that period.If you do not receive child support guidance, your application for divorce by agreement will be deemed to have been withdrawn.In case of divorce through trial, when a divorce complaint is filed, a child support notice is sent to the parties.For child custody guidance, couples can attend on different days, and each court provides divorce by agreement.Since the training date and time differs in case of judicial divorce, you must check in advance before attending.After attending the child-rearing guidance session, submit a ‘Confirmation of Child-rearing Guidance Attendance’ to the family investigator.You must receive it and submit it to the general civil affairs office or a family affairs investigator (child-rearing information officer) for further processing.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 7

The other person is in prison. How do I get a divorce?

Accepted Answer

When one of the couple is incarcerated in prison and has difficulty attending the court and is proceeding with a divorce through mutual consent.The other partner of the couple attends the court alone, applies for confirmation of intention to divorce by mutual consent, and receives guidance on divorce provided by the family court.At this time, along with the application, the name and location of the prison (detention center) for the inmate, Relevant supporting materials, such as a certificate of acceptance, must be submitted, and one of the couples who is incarcerated will receive written guidance regarding divorce.After receiving the application, the court provides divorce notice to the spouse present.The prison director is asked to attach a divorce guide and confirm intent to divorce by agreement.The prison director who has been commissioned by the court to confirm the inmate's intention to divorce by agreement confirms the inmate's intention to divorce.Once the inmate's intention to divorce is confirmed, a divorce intention confirmation report is prepared and sent to the entrusted court.When the court receives a confirmation of intention to divorce by agreement from the prison,After the deliberation period (3 months if there is a person to take care of, 1 month if there is no person to take care of), Confirm the spouse's intention to divorce by attending the designated confirmation date. One copy of the confirmation will be issued and the other copy of the confirmation will be sent to the prison.The spouse must report the divorce to the competent government office within 3 months from the date of receiving the certified copy of the intent to divorce by agreement.If you are going through a divorce at trialEven inmates can proceed with all divorce proceedings with permission from the prison warden.Also, if the other party is incarcerated in prison, mediated divorce is also possible.When you are in prison, you have no choice but to receive the complaint right away, so the process may proceed more quickly.However, just because your spouse is in a detention center is not grounds for divorce. The reason for the spouse's imprisonment is judicial as stipulated in Article 840 of the Civil Code.If you meet the grounds for divorce, you can get a divorce. for example  1. If you are sentenced to prison for fraud and owe a large amount of money  2. drug offenderIn particular, verbal abuse or assault, which is extremely unfair treatment to family members (domestic violence/child abuse)If you are in prison/detention center, the court may issue a divorce judgment as quickly as possible without the other spouse attending the trial.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 8

Can I get a divorce quickly if I don't have children?

Accepted Answer

In the case of divorce by agreement or trial, if there are minor children,Agreement or decision regarding the child's parental rights, custody, interview rights, etc.Because they have to have children, divorce takes more time than for those without children.However, even if there are no children, there are no claims for alimony, property division, divorce, etc.The greater the difference in position and the more intense the dispute, the more time it may take to file a lawsuit.It cannot be said that a divorce will be finalized quickly just because there are no children.It's just that people without children divorce relatively quickly.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 9

How do I get a divorce from someone I have lost contact with or whose whereabouts are unknown?

Accepted Answer

1. Life or death of spouse, which is number 5 among the grounds for divorce in court.If it has not been clear for more than 3 years, you can file for divorce.‘When life or death is unclear’ refers to cases where it is impossible to prove at all whether the spouse is alive or dead.Not only has his life and death not been revealed for more than three years, butIt must not be known at this point, and in this case, the divorce will be decided through a default trial after service by public notice.If you are alive but have run away from home and do not know where you are,A divorce suit must be filed by public notice on the grounds of ground number 2, 'malicious abandonment'.2. If one spouse is declared missing, the period of disappearance is The marriage is dissolved as if death occurred at the time of expiration.The spouse has been unknown for 5 years (usually missing) or has suffered a war, ship sinking, plane crash, or other crisis.If the person's life or death is unknown for 1 year (special disappearance), a spouse or other interested party may file a claim.The court sets a period of at least six months to determine whether the absentee or anyone who knows the absentee's life or death is alive or dead.After issuing a public notice to report, the court declares the person missing.Once the disappearance declaration is confirmed, the missing person isSince the person is considered dead, the marriage is dissolved just like death.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 10

Is it possible to proceed with non-face-to-face divorce proceedings?

Accepted Answer

Yes, it is possible.1. If you want to proceed with a divorce without meeting your spouse in personIf the parties have reached some agreement on the terms of divorce, they can apply for a mediated divorce.And at the mediation date, the attorney you appointed will attend on your behalf.2. If there is no agreement on divorceHowever, if mediation is not possible and divorce proceedings proceed in court, there are minor children.Agreement on parental authority, designation of caregiver, child support, interview negotiations, division of assets, alimony, etc.If the claims differ on various issues, the parties may be interrogated at the hearing date.You may be required to appear in court. In this case, the other spouse's assault, verbal abuse, etc.In cases where it is difficult or fearful to see the other spouse for any reason, failure to appear at the courtYou may request extenuating circumstances in advance.Also, during a family investigation, a two-way investigation may be conducted at the discretion of the investigator.The parties may request a separate investigation from a domestic affairs investigator.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 11

What is the fastest divorce process?

Accepted Answer

Divorce proceedings usually take from 6 months to more than a year, and can take up to 2 years or more.The quickest way to divorce by agreement is when there is an agreement between the parties and there are no minor children.If there are no minor children, it is a quick divorce method because it only requires a consideration period.A quick way to divorce through the court is mediation divorce.First, write down only the necessary information and submit the complaint.Afterwards, if an agreement on divorce is submitted between the parties, a separate hearing date is not specified.Divorce proceedings are finalized after a decision to recommend reconciliation is made or the parties' intentions are confirmed at the mediation date.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 12

What are the ways to get divorced? types of divorce

Accepted Answer

There are many people who want to get a divorce but don't know how to start.There are three methods of divorce.In other words, divorce can only be achieved in three ways: divorce by agreement, divorce by mediation, and divorce by litigation.Divorce changes status, including the family relationship register, so strict procedures must be followed.If you have difficulty choosing, please choose according to the following questions.Everyone agrees to divorce. If there are no children and the amount of property division is small and some concessions are possible > Mediation divorceIn my experience, if the person is impossible to talk to and is unlikely to listen to the mediator, > litigated divorce.Divorce by agreementAmong these, the quickest and simplest procedure is divorce by agreement. It takes about 2 months if you don't have children, and about 4 months if you have children. In the divorce process by agreement, there is no question about property division.The couple expresses their intention to divorce,Who will have custody?After deciding how much child support is to be set,Both of you can go to the court and file it.After the deliberation period has passed, both of you go back to the court and sign the confirmation form to end the case.mediation divorceMediation divorce is as fast as divorce by agreement, but can handle property division like litigation divorce.Mediation divorce is similar to divorce by agreement in that both parties must agree to divorce.However, it is similar to a litigated divorce in that both parties can maximize their claims and receive suggestions from the mediator.Mediation usually lasts for four months and ends with the parties attending the final mediation date after exchanging documents two or three times.After listening to both parties' opinions, the mediation committee member makes a mediation plan that he or she believes is appropriate.If even one of the couple disagrees with this opinion, the mediated divorce is automatically changed to a litigated divorce.In cases where divorce is decided through mediation, it is very useful because it is the court's opinion on property division, like a litigation divorce.If there is not much disagreement, we recommend mediation divorce.litigation divorceLitigation divorce is a procedure in which both parties maximize their claims and receive a judge's decision.Divorce statussolatiumcustody, child supportdivision of propertyIf there is little possibility of negotiation or mediation on any of the above issues, a way to save time is to proceed directly with a litigated divorce.Litigation divorce can take from as short as 6 months to as long as over a year, and if many factual inquiries (National Tax Service, Ministry of Land, Infrastructure, etc.) are conducted for property division, the trial period can be extended further.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Question 13

Procedures for divorce from a spouse living abroad

Accepted Answer

It is as follows Procedures for divorce from a spouse living abroad.Divorce director file with domestic court After delivery to acquaintances, parents, and siblings residing in Korea, they were induce to appointed Korean lawyer.If this is not possible, after special overseas delivery(Takes 6 months) Encourage induce appointed to Korean lawyer.If you do not know your overseas residence address send a special overseas service after verifying the application for fact reference with the Ministry of Foreign Affairs.After attempting all of the above procedures can you apply for service by public notice.If you are filing for divorce from a spouse living overseas, the issues related to service as above are the most complicated.If you deal with many cases well, it is possible to obtain a divorce decree, although it may take a long time.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat or email for specific details.

Korean Law Guide- Divorce- Divorce Procedures

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