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

When one of the couple is incarcerated in prison and has difficulty attending the court and is proceeding with a divorce through mutual consent.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. Once the inmate's intention to divorce is confirmed, a divorce intention confirmation report is prepared and sent to the entrusted court.

  6. 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.

  7. 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 trial

Even 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 offender

In 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.

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