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1. Types of Divorce: Consensual and Litigious

Divorce between foreign nationals and Korean nationals usually falls into two categories: consensual divorce and litigious divorce. Consensual divorce is based on mutual agreement, requiring certain documents and proceeding through the local court. On the other hand, litigious divorce occurs when an agreement can’t be reached, necessitating a court’s decision, which may also involve a reconciliation divorce process.

2. The Process of Consensual Divorce

In a consensual divorce, both parties agree to the divorce terms. Necessary documents include a marriage certificate, family relations certificate, and a resident registration transcript. The court sets a period of reflection and a date for the divorce proceedings. Both parties must appear in court at least once during this period. If there are children involved, agreements on custody and child support must be made.

3. Litigious Divorce Proceedings

When consensus is unattainable, one party may initiate a litigious divorce. This process is more complex and may sometimes be resolved through court-ordered mediation. The issue of child custody and support becomes particularly important in cases involving minors.

4. Considerations When Children are Involved

Child custody and support are critical considerations in the divorce process. Decisions must be made regarding who will have custody and how child support will be provided, especially when the children are minors.

5. Specific Considerations for Divorce between Foreign and Korean Spouses

In cases of domestic violence or other issues, the divorce verdict will depend on the at-fault party. If the foreign spouse is the victim, they may be allowed to stay in Korea under certain conditions, especially if they are the custodian of a minor child, until the child reaches adulthood.

Conclusion

Divorce involving foreign and Korean spouses can be complex, involving various legal and cultural considerations. Whether it’s a consensual or litigious divorce, special care is needed, especially when children are involved. For legal advice, consulting a professional lawyer is always recommended.

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