6 Legal Grounds for Divorce in Korea: An Overview

by Kang & Shin | 2025. 11. 07 | Divorce

Ending a marriage in Korea legally follows one of two paths: divorce by agreement (consensual divorce, 협의이혼) or a judicial divorce (contested divorce, 재판상 이혼). (For a step-by-step overview of both routes, including jurisdiction issues for foreigners, see Getting Divorced in Korea as a Foreigner: Jurisdiction & Types of Divorce). A judicial divorce is necessary when the spouses cannot agree to separate, but simply wanting out is not enough. This can be a particular challenge in a divorce in Korea for foreigners, as under the Korean Civil Act Article 840, a court will grant a judicial divorce only if at least one of the six legal grounds for divorce in Korea is proven. This overview outlines those grounds and how Family Courts handle such cases.

Civil Act Article 840: Grounds for Judicial Divorce in Korea

Article 840 of the Korean Civil Act, titled ‘Causes for Judicial Divorce,’ sets forth the following grounds:

Either husband or wife may apply to the Family Court for a divorce in each case of the following subparagraphs:

If the other spouse has committed an act of unchastity;
If one spouse has been maliciously deserted by the other spouse;
If one spouse has been extremely maltreated by the other spouse or his/her lineal ascendants;
If one spouse’s lineal ascendant has been extremely maltreated by the other spouse;
If the death or life of the other spouse has been unknown for three years;
If there exists any other serious cause for making it difficult to continue the marriage.

The first five grounds are specific, conduct-based reasons that are usually tied to the fault of one spouse, such as an “act of unchastity” or “malicious desertion.” In contrast, the sixth ground is a broad, flexible clause for “any other serious cause making it difficult to continue the marriage.” This final ground allows the court to consider situations where the marriage has irretrievably broken down, even if it doesn’t fit into one of the first five categories.

Translation note: The Korea Legislation Research Institute (KLRI) provides English versions of Korean statutes as reference materials to enhance understanding of Korean law. They are helpful references, but some terms may not be idiomatic. Courts apply the Korean text.

The Six Grounds for a Judicial Divorce

1. Unchastity / Infidelity

Under Article 840(1) of the Civil Act, a divorce can be granted if one spouse has committed an “act of unchastity.” In practice, this means infidelity is a ground for divorce. The Supreme Court of Korea defines unchastity broadly, covering any behavior that violates the duty of marital fidelity, even if it doesn’t amount to adultery.

To prove this, courts often look at evidence like text messages, photos, travel and expense records from hotels or flights, and witness statements. A critical warning: evidence must be collected lawfully, as improper methods can create separate legal liabilities.

Finally, this ground is subject to strict time limits. You generally must file for divorce within six months of discovering the infidelity or within two years of the event itself. Furthermore, if you forgive the conduct, either explicitly or implicitly, you may waive your right to file on this ground. If you suspect infidelity, it is crucial to act quickly and seek legal advice before taking steps that could jeopardize your claim.

For a detailed discussion of infidelity under Korean law, see our article Grounds for Divorce in Korea: Infidelity.

2. Malicious Desertion

Under Article 840(2), a divorce can be granted if one spouse has maliciously deserted the other. This isn’t just about a temporary separation to cool off after an argument. Legally, it means one spouse has, without a justifiable reason, unilaterally decided to end the marital relationship by failing to perform the core duties of living together, providing financial support, and cooperating as a couple. This abandonment must persist for a substantial period to qualify for this ground.

Proving malicious desertion in court typically involves showing evidence of a long separation, that you asked your spouse to return and they refused, a withholding of financial support, or proof that they have established a new residence.

However, not every separation qualifies as malicious desertion. If a spouse left for their own safety to escape abuse, for instance, that is considered a justifiable reason. Likewise, a temporary separation where a spouse continues to provide support or maintain contact would likely not meet the legal standard for abandonment.

Learn more about how Korean courts define desertion in Grounds for Divorce in Korea: Malicious Desertion.

3. Extreme Maltreatment by Spouse or In-Laws

Under Article 840(3), a divorce can be granted if a spouse has endured extreme maltreatment from the other spouse or the other spouse’s lineal ascendants (e.g., parents-in-law). This ground covers not only physical violence but also serious verbal abuse, grave insults, and other forms of mistreatment that make continuing the marriage an intolerable hardship.

Evidence to support such a claim often includes medical records, police reports, lawful audio or video recordings, and statements from third-party witnesses. It’s important to understand that what qualifies as “extreme” is context-driven. The court doesn’t use a rigid checklist. Instead, it assesses the severity of the conduct based on social norms and the specific circumstances of the individuals involved.

4. Extreme Maltreatment of a Spouse’s Parents

In a provision that highlights the cultural importance of family, Korean law provides a unique ground for divorce. Under Article 840(4), you can file for divorce if your spouse has severely mistreated your lineal ascendants (your parents or grandparents).

The official legal translation provided by the KLRI for this is “extreme maltreatment.” The law acknowledges that serious abuse directed at your closest family members can be enough to irretrievably destroy a marriage. To prove such a claim, you would typically rely on statements from your parents, testimony from corroborating witnesses, and official documents like medical or police records.

See Grounds for Divorce in Korea: Extreme Maltreatment for further discussion.

5. Spouse Missing for 3+ Years

Under Article 840(5) of the Civil Act, a divorce can be granted if your spouse’s life or death has been unknown for three or more years. This provision offers a legal resolution for a spouse who is otherwise left in an impossible limbo.

To proceed on this ground, you must show the court that your spouse is still missing at the time of filing. This is typically proven with official documents like a police missing-person report.

To learn more, see Grounds for Divorce in Korea: Spouse Missing for 3+ Years.

6. Other Serious Cause

This is a broad, “catch-all” ground for situations where the marriage has irretrievably broken down, and forcing the spouses to stay together would impose an intolerable hardship. Unlike the first four grounds, which usually point to a specific fault of a spouse, this ground to some extent, allows the court to assess the entire marital situation. The court will consider the responsibility for the breakdown, the duration of the marriage, the parties’ age and health, the welfare of any children, and each spouse’s financial security after the divorce.

Over the years, Korean courts have recognized various situations under this ground, such as severe gambling addictions, criminal convictions leading to long-term imprisonment, and incurable mental illnesses that place an extreme burden on the family.

It’s also critical to know that this ground is subject to time limits. A claim is typically barred if not filed within six months of discovering the cause or two years of its occurrence. However, there’s an exception: if the cause is ongoing, such as a continuous marital breakdown or persistent abuse that lasts up to the time of filing, this deadline does not apply. Since the right to file can depend on whether an issue is considered a past event or a continuing situation, seeking prompt legal advice is essential.

How Korean Courts Approach Divorce Cases

When hearing a divorce case, Korean Family Courts apply several key principles. First, each of the six grounds is independent, and the court will only rule on the grounds that you plead in your lawsuit. Second, the quality of your evidence is crucial. Text messages, photos, financial or travel records, videos, and witness statements often determine the outcomes. Finally, some grounds have strict time limits for filing a claim, so timely action is essential.

Before a case proceeds to a full trial, Family Courts will almost always require the parties to attend court-ordered mediation. This is a mandatory step designed to help couples find a resolution and avoid a lengthy legal battle.

The Big Exception: Can the At-Fault Spouse File for Divorce?

A cornerstone of Korean divorce law is the fault-based principle, which holds that the spouse primarily responsible for the breakdown of the marriage cannot ordinarily file for divorce. This stands in contrast to the breakdown (no-fault) principle, where the mere irretrievable collapse of the marriage is sufficient for dissolution.

However, this is not an absolute rule. Korean courts have recognized limited exceptions, such as when the other spouse clearly shows no intent to continue the marriage, or when a significant period of separation has passed and the fault has lost its decisive relevance to the breakdown.

Frequently Asked Questions

Q1. Do I need to pick only one ground for divorce?

No, you can plead multiple grounds in your lawsuit. The court only needs to find that one of them has been proven to grant the divorce.

Q2. Is “Other Serious Cause” just a fallback option?

Not at all. It is a full and independent ground that courts use when the specific facts don’t fit the other five categories but clearly show that the marriage has completely and irretrievably broken down.

Q3. Are there deadlines to file for divorce?

Yes, some divorce grounds under Civil Act Article 840 have deadlines:

Infidelity (Article 840(1)) – You must file within six months of discovering the act and within two years of when it occurred. If you consent to or forgive the behavior, you lose your right to claim.
Other Serious Cause (Article 840(6)) – The same time limits apply, unless the cause (for example, ongoing abuse or breakdown) continues up to the time of filing; in that case, the deadline does not bar your claim.

Q4. Will being “at fault” affect financial matters like property division?

It can. While property division is mainly based on each spouse’s contribution to the assets, serious fault can influence emotional-damages awards and certain discretionary decisions.

Navigating the Path Forward

The grounds for a judicial divorce in Korea are specific and must be supported by clear, well-structured arguments and reliable evidence. For foreigners, this process can be particularly challenging due to an unfamiliar legal system and language barriers. Working with a skilled English speaking divorce lawyer in Korea is essential to bridge these gaps, ensuring your case is accurately presented and nothing is lost in translation. For a thorough case assessment, a tailored evidence strategy, and effective representation before the Family Court, schedule a consultation.