Divorce consultation: procedures, methods, documentation, a period of consideration, and lawyer
Consensual divorce proceedings summary
Only divorce proceedings will be necessary if the married couple has consented to divorce.
If a married couple agrees to divorce, there are five options regarding how to move forward.
Visit to the family court where the married couple has jurisdiction over the resident registration site together.
Filing for divorce form
Waiting for a divorce consideration period
A married couple visits on the day designated by the court after the consideration period has passed.
Issuance of a copy of confirmation of intention to divorce.
One of the couples must attend City Hall, the city Office,, or the Myeon Office, which are responsible for resident registration or address.
Report the divorce and take a copy of the divorce confirmation letter.
Now, it seems easy, but It still compilcated,
Now that it seems simple, if you're still confused, we'd like to clarify with the help of the subsequent steps.
1.Visit the court
Instead of general court, the married couple attends family court together.
You need to find the family court that has jurisdiction over the resident registration site.
In other words, you are able to attend the court in that location if you both live same area.
You may visit the jurisdiction over the last residence registration address where the married couple lived, even if you already live separately.
2. Submission of divorce documents
Once when you visited in court, You will be required to submit divorce-related documnents filings.
Shall we learn out more about the kinds of documents we necessitates?
application for confirmation of divorce intentions
One resident registration card, one extract of each couple's family relationship certificate, marital relationship certificate, etc.
One agreement and two copies on the decision of custody and parental authority if you have a kid who is still a minor.
Business income amount certification source, business registration certificate, and earned income tax withholding receipt
Three copies of the trial and confirmation certificate from the family court, or one copy of the agreement on alimony or property partition, if there is one.
One copy of the overseas national registry should be used if one of the couples is abroad.
A letter of acceptance, if one of the partners is incarcerated.
3. well,It's obviously complicated. I'll describe each part one by one.
1) Download the application for confirmation of one agreement-based divorce.
To begin, download the application for confirmation of intention to divorce by clicking Download next to the title.
The court will provide instructions on how to complete it if you visited.
The precautions are listed below.
A seal or a signature are both acceptable.
Each couple's parents' names, Chinese names from their family, and family names should also be included.
Discuss who will behave as the parent with legal guardianship, i.e., the entity that will manage the child's assets and substitute the court order.
One certificate of family relationship and one certificate of marriage relationship for each couple. ,
One copy of the resident registration card, etc.
It is a document that is frequently used in daily life. It's easy to prepare.You can go to the community center (city office) or you can get it issued through the Internet (Civil Complaint 24, Supreme Court Electronic Civil Complaint Center). The writer recommends the automatic issuing machine at the community center. All three types of documents can be issued.
Business income amount certification source, business registration certificate, and earned income tax withholding receipt.
You require a withholding receipt if you are an employee.
The simplest method is to request that your employer issue it.
Use Home tax homepage or a nearby tax office if gaining issued by the company proves to be difficult.
If you are a business owner, you need find a source of certification for the amount of your income. Home Tax, a service provided online by the National Tax Service, the issue civil complaint issuing machine, and the tax office located at the address where your firm was registered are all places where you can manage to receive this certification source.
it needs to be one of each form marrige couple, if you don't have enough documents, and if you don't have the above data, you can replace it with a copy of the real estate register, lease contract, and property tax payment receipt of your property.
In the case where there is an agreement on alimony or property division, one copy of the agreement or three copies of the original trial and confirmation certificate of the family court.
1) Alimony is compensation for emotional distress.You can sue the individual who cheated on you for mental harm, for instance, if one of the couples cheated and got divorced.If there is an agreement on this, you can submit the agreement even though it is typically done through litigation.
2) Agreement on Divorce Property Division
The couple's property can be agreed upon and documented. When you go to court, you can check the form, and it's preferable to be fully aware of the assets you possess. Please verify the copy of the registration to see what it says in addition to the fact that there is a basic real estate.
3) Original decision and the family court's confirmation certificate
If alimony or property partition is resolved through litigation, you can get in contact with the family court's civil service office and submit the documents once it has been issued.
4) A copy of the overseas national register or certificate of acceptance
In this case, one of the couples lived overseas. You can submit an application at the Ministry of Foreign Affairs or the overseas diplomatic office where you have registered as a foreign citizen.
If one of the married couple members has already been imprisoned, a member of your family or a close relative can obtain it by visiting the prison in person.
Additionally, you can access the Criminal Justice Portal (http://www.kics.go.kr) to issue.
5) Preriod of consideration for divorce
After submitting the document, take video training if you have children.
Then, the court issues a "Designation Letter for Confirmation of Intent to Divorce."
The married couple will have time to consider their options over up until the day specified in the aforementioned designation. In other words, it provides the couple with the opportunity to change their minds about the divorce.
How long should I consider all these?
It is three months if you have a child who is either pregnant or minor.
If your child is between 1 and 3 months when they become adults, you should wait until that time.
If your child remains within one month of becoming an adult (including one month), it counts as one month.
It's one month if you don't have children or only have children who are grownups.
Following the conclusion of ther consideration period, the married couple visits together on the date determined by the court and issues a "copy of confirmation of intention to divorce."
The married couple should attend together with their identification cards on the date of deciding the intention to divorce by agreement (the date set by the court) after the time for considering divorce has passed.
The court will now complete a confirmation of intention to divorce form.
Additionally, you can receive a child support expense report on how and who will pay for child support.
One of the marrige couples has jurisdiction over the resident registration or address.
Take a copy of the divorce confimation letter to the city hall, district office, town office, and Myeon office and report the divorce.
This is the last step. now you only have to just report. The family court will issue and deliver a copy of the divorce confirmation letter. You can now make a new start.
What happens if the divorce is not agreed upon?
The divorce settlement procedure concludes in this method. However, there are many circumstances when divorce is not proceeding as rapidly as above due to child and property difficulties. In this case, you must either proceed with a divorce mediation or a divorce litigation.
In ther other words, to be judged by the court. The divorce knowledge center also has informaiton on the procedures and contents.
Are there any legal issues involved?
Should I negotiate with a Korean or initiate a lawsuit in a Korean court? The law firm where the interpreter works is located here. All of these processes can be carried out NON-STOP through a professional Korean lawyer. Contact us for consultation right now. Professional staff will respond kindly.
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