Question 1

When we got married, we put the house we bought into our joint names. Do I need to divide this property as well?

Accepted Answer

When we got married, we put the house we bought into our joint names. Do I need to divide this property as well?Even if the property is in joint names, in the case of property gifted to one spouseAs it is a unique property, in principle it is not subject to property division.However, if it is recognized that it has contributed to the increase and maintenance of the above property value,It is included in the property division and is divided according to contribution.That is, depending on the duration of the marriage or the degree of contribution to the formation of property maintenance.The court's judgment determines whether property is to be divided or not and the division ratio is determined.Therefore, even if the property is jointly owned, the marriage period is short and must be financed with the other spouse's money.In the case of one property, it may not be included in the division at all, and if the marriage period is long,The division ratio may be set lower by taking into account the fact that one spouse received a gift while being included in the division.This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary. Please chat for specific details.

Question 2

Can I get a divorce from my Korean partner even though I don't speak Korean?

Accepted Answer

If you are a foreigner who is married to a Korean citizen but you cannot speak Korean, you can still proceed with a divorce. However, you will need to take certain steps to ensure that you can effectively communicate with your spouse, your attorney, and the court.Here are some steps you can take:Hire a bilingual attorney: Look for an attorney who is fluent in both Korean and your native language. This will help ensure that you can communicate effectively with your attorney and that your attorney can represent you effectively in court.Use an interpreter: If you cannot find a bilingual attorney, you can hire an interpreter to help you communicate with your spouse and the court. This can be a professional interpreter or a trusted friend or family member who is fluent in both languages.Prepare your documents in both languages: Make sure that all of your divorce documents, including your petition for divorce and any supporting documentation, are translated into Korean. This will help ensure that the court can understand your case.Attend mediation sessions: In some cases, the court may require you to attend mediation sessions with your spouse. If you cannot speak Korean, you may need to use an interpreter during these sessions to communicate effectively.Remember, divorce proceedings can be complex, so it's important to seek legal advice and support from an experienced attorney who can guide you through the process.There are many attorneys in Korea who specialize in divorce cases involving foreigners.Here are some tips on finding a suitable divorce attorney in Korea:Look for an attorney with experience: When searching for an attorney, look for one who has experience handling divorce cases involving foreigners. They will be more familiar with the unique issues that can arise in these cases and will be better equipped to represent you effectively.Check their language proficiency: Make sure the attorney you choose is fluent in both Korean and your native language. This will help ensure that you can communicate effectively with your attorney and that your attorney can represent you effectively in court.Consider their reputation: Look for an attorney with a good reputation in the legal community. Check online reviews, ask for referrals from friends or family, or check with your embassy or consulate for recommendations.Meet with them in person: Schedule a consultation with the attorney to discuss your case and make sure you feel comfortable working with them. Ask questions about their experience, fees, and strategy for your case.Ask about their fee structure: Ask the attorney about their fee structure and make sure you understand the costs involved in hiring them. Some attorneys may offer a flat fee for their services, while others may charge an hourly rate.Remember, it's important to choose an attorney who is experienced, trustworthy, and can communicate effectively with you throughout the divorce process.

Question 3

A divorce by mutual agreement

Accepted Answer

In Korea, a divorce by mutual agreement is also known as an "uncontested divorce." Here are the general steps for obtaining an uncontested divorce in Korea:Agree on the terms of the divorce: You and your spouse will need to agree on the terms of the divorce, including the division of property and any child custody arrangements.Submit a joint application: You and your spouse will need to submit a joint application for divorce to the Family Court. This application should include the agreed-upon terms of the divorce.Attend a court hearing: You and your spouse will need to attend a court hearing, where a judge will review your application and ask you questions about the terms of the divorce. If everything is in order, the judge will issue a divorce decree.Register the divorce: Once the divorce decree is issued, you will need to register the divorce with the local district office.It's important to note that the process for obtaining an uncontested divorce in Korea may vary depending on the specific circumstances of your case. It's always a good idea to consult with a lawyer who specializes in family law in Korea to ensure that you understand the process and are taking the necessary steps to obtain a divorce by mutual agreement.

Question 4

How can I get custody of my Korean child if I live in a different country?

Accepted Answer

Obtaining child custody in Korea without visiting Korea can be a complex and challenging process, but it may be possible in certain circumstances. Here are some general steps you can take:Find a Korean family law attorney: You will need the help of a lawyer who is licensed to practice in Korea and has experience in family law. They can provide legal guidance and assist you in filing the necessary paperwork.Provide evidence to support your claim: You will need to provide evidence to support your claim for child custody. This evidence may include documents such as your child's birth certificate, school records, medical records, and any legal documents related to your case. You may also need to provide evidence of your relationship with the child and your ability to provide for their needs.File a petition for child custody: Your lawyer can help you file a petition for child custody with the appropriate court in Korea. The court will consider the best interests of the child when making a decision.Attend hearings via video conference: Depending on the court's procedures, you may be able to attend hearings via video conference instead of in-person. Your lawyer can advise you on the requirements and procedures for attending court hearings remotely.Consider mediation: In some cases, mediation may be an option to resolve child custody disputes without going to court. Your lawyer can help you explore this option and represent you in mediation sessions if needed.It's important to note that the laws and procedures for obtaining child custody in Korea can be complex and vary depending on the circumstances of each case. It's recommended that you seek the advice of a

Question 5

How can I divorce without going to Korea?

Accepted Answer

The divorce process can vary depending on the specific laws and regulations in the country where you are seeking the divorce. If you are seeking a divorce in Korea and cannot visit in person, there are a few options to consider:Hire a local attorney: It may be helpful to hire a Korean attorney who can represent you in the divorce proceedings. They can handle most of the legal process on your behalf, including filing the necessary paperwork and communicating with your spouse's attorney.Pursue an uncontested divorce: If you and your spouse are in agreement about the terms of the divorce, you may be able to pursue an uncontested divorce. In this case, you can prepare the necessary documents and have them signed by both parties, and then submit them to the appropriate court in Korea. An attorney can assist you in preparing these documents remotely.Explore alternative dispute resolution methods: If you and your spouse are unable to agree on the terms of the divorce, you may be able to pursue alternative dispute resolution methods, such as mediation or arbitration. These methods can be conducted remotely, allowing you to participate in the process from a distance.It's important to note that the specifics of the divorce process in Korea can be complex, so it's highly recommended that you consult with a local attorney to understand your options and ensure that your rights are protected throughout the process.

Question 6

Divorce consultation:  procedures, methods, documentation, a period of consideration, and lawyer

Accepted Answer

Consensual divorce proceedings summaryOnly 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 formWaiting for a divorce consideration periodA 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 courtInstead 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 documentsOnce 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 intentionsOne 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 receiptThree 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 DivisionThe 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 certificateIf 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 acceptanceIn 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 divorceAfter 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.

Korean Law Guide- Divorce- Procedural Guidelines

Korean Law Guide Recommended Guide