Grounds for Divorce in Korea: “Other Serious Cause” Explained

by Kang & Shin | 2026. 01. 16 | Divorce

When a marriage has reached a point of no return but does not neatly fit into categories like infidelity or physical abuse, the Korean Civil Act Article 840(6) provides a “catch-all” provision. It allows for a judicial divorce “if there exists any other serious cause making it difficult to continue the marriage.” For many expats, this is the most critical ground to understand, as it covers everything from personality clashes and religious conflicts to financial ruin and long-term separation.

What is a “Serious Cause”? (The Legal Standard)

The Korean Supreme Court defines this ground as a situation where the marital bond has been irretrievably broken. Specifically:

The joint life of the couple cannot be restored.
Forcing the marriage to continue would cause “intolerable pain” to one spouse.

Two Practical Requirements in Real Litigation

In practice, Article 840(6) cases often turn on two big questions:

1. Has the marital relationship truly collapsed beyond repair?

Minor conflicts, ordinary stress, or short-term separations usually do not qualify. Courts distinguish between temporary friction that can be overcome, versus a deep, persistent breakdown where affection and trust are effectively gone.

2. Are you the spouse primarily responsible for the breakdown?

Korean divorce law has a strong fault-based tradition. Even in an Article 840(6) case, courts examine comparative responsibility. Importantly, the inquiry is not “Is the other spouse at fault?” but rather “Is the plaintiff the spouse whose fault is heavier?” Courts have stated that where an irretrievable breakdown is recognized, divorce should be granted unless the plaintiff’s responsibility is heavier than the defendant’s.

How the Court Decides

Judges do not look at a single event in isolation. Instead, they take a holistic approach, considering:

The degree of the breakdown and the intent to continue the marriage.
The cause of the breakdown and who is responsible.
The duration of the marriage and the welfare of any children.
The age and economic prospects of the spouses after divorce.

Key Categories and Common Fact Paterns

Because “Other Serious Causes” is abstract, Korean case law has established several common types of situations that qualify:

“We agreed to divorce” (Divorce agreement / Consent to separate)

An agreement to divorce, or even filing documents for a consensual divorce, does not automatically prove Article 840(6). Courts generally look for additional “special circumstances,” such as both spouses actually living for a substantial period in a way that shows the marital relationship has already been dissolved in substance.

Long-Term Separation

Living apart is a strong objective signal of a broken marriage, but it is not decisive by itself. Courts typically consider factors such as separation length relative to the marriage length, why separation started and who is responsible, whether the spouses maintained meaningful family interaction, whether each spouse’s independent life has become “fixed”.

Recognized as “Other Serious Causes”: An 11-year separation caused by the husband’s drinking and staying out, even if the wife later started living with someone else (Supreme Court of Korea, 2009Meu2130).

Not Recognized as “Other Serious Causes”: A 40-year separation where the couple still attended family events (weddings/funerals) and maintained a bond with children, showing the “essence” of the family remained (Supreme Court of Korea, 2011Meu3600).

Severe Mental Illness

Mental illness is not automatically “fault,” and courts often recognize the spouses’ mutual duties of support and cooperation. But where symptoms are objectively severe and recovery is unlikely, making normal marital and family life practically impossible, courts may find Article 840(6) satisfied.

Recognized as “Other Serious Causes”: Severe schizophrenia where treatment has failed, and the healthy spouse cannot reasonably be expected to endure further sacrifice (Supreme Court of Korea, 91Meu627).

Not Recognized as “Other Serious Causes”: Manageable conditions or illnesses that can be treated with “affection and patience” without destroying the family unit (Supreme Court of Korea, 2004Meu740).

Sexual Issues and Incompatibility

Korean courts have treated persistent, unjustified refusal of marital relations, or other circumstances that seriously prevent normal fulfillment of marital sexual life, as potentially relevant to Article 840(6), but they look closely at factors such as whether the condition is temporary/treatable, whether spouses attempted treatment or counseling, and whether the facts show a breakdown beyond repair.

Recognized as “Other Serious Causes”: Unjustified refusal of sexual relations for a long period (e.g., 7+ years) or sexual dysfunction that cannot be cured despite effort (Supreme Court of Korea, 2010Meu1140).

Not Recognized as “Other Serious Causes”: Simple infertility or a low sperm count (Supreme Court of Korea, 82Meu36, 89Meu365, 367).

Religious Conflicts

Freedom of religion is protected, but courts sometimes analyze whether outward religious practice became so excessive that it effectively destroyed normal family life (e.g., abandonment of childcare/household duties, repeated disappearance, refusal to cooperate as a family unit).

Recognized as “Other Serious Causes”: A spouse becoming so obsessed with a religious group that they neglect childcare, house duties, and eventually leave the family (Supreme Court of Korea, 96Meu851).

Not Recognized as “Other Serious Causes”: Conflicts where one spouse tries to force the other to change religions or attend ancestral rites (Jesah) against their will (Supreme Court of Korea, 90Meu408).

Financial Irresponsibility

Courts may find “other serious causes” where one spouse’s conduct creates a serious threat to family stability, especially patterns of gambling, reckless financial behavior, or debt that destroys the household’s economic foundation.

Recognized as “Other Serious Causes”: Habitual gambling, speculative investments that ruin the family credit, or keeping the family in a state of “credit delinquency” (Supreme Court of Korea, 2007Meu1690).

Not Recognized as “Other Serious Causes”: Unauthorized use of a spouse’s legal seal to secure a loan for a family business, provided the intent was to sustain the household and the debt did not fundamentally destroy the family’s economic survival (Supreme Court of Korea, 81Meu56).

Fault Principle, Comparative Responsibility, and Limited Exceptions

Korean courts generally follow a fault-based approach: a spouse who bears the primary responsibility for the breakdown of the marriage (the “at-fault spouse”) ordinarily cannot seek a judicial divorce based on that breakdown.

That said, the analysis is comparative, not binary. The court does not ask whether one spouse is “innocent,” but rather whose responsibility is heavier in the overall breakdown. If the plaintiff’s fault is not heavier than the defendant’s, the court should not deny divorce simply because the plaintiff also contributed to the conflict.

In addition, even where the plaintiff is clearly the at-fault spouse, the Supreme Court recognizes limited exceptions, such as when the other spouse also shows no real intent to continue the marriage or when a long period of separation has passed.

For a detailed analysis of how this rule works, read our article: Can the At-Fault Spouse Divorce in Korea?

Deadlines (Statute of Limitations)

Under Article 842, a claim based on “Other Serious Causes” must be filed within:

6 months from the day you learned of the cause.
2 years from the day the cause occurred.

If the cause is ongoing (e.g., you are still living in a state of irretrievable breakdown or ongoing neglect), the deadline does not apply. You can file as long as the “broken” state continues up until the time of the lawsuit.

Frequently Asked Questions

Q1. Is Article 840(6) basically “no-fault divorce”?

Not exactly. It can cover situations where no single misconduct fits (1)–(5), but courts still examine responsibility and fairness, especially whether the plaintiff is the primarily at-fault spouse.

Q2. Can I plead Article 840(6) together with other grounds?

Yes. Each ground is independent, and you may plead multiple grounds; the court can grant divorce if it finds any one ground proven.

Q3. Do I need a long separation to win under 840(6)?

No fixed number exists. Long separation can be persuasive, but courts assess the full context (cause, interaction during separation, children, and whether independent lives have become fixed).

Q4. What is the single biggest mistake people make with 840(6)?

Waiting too long without a strategy, especially where Article 842 time limits may apply, or where evidence becomes harder to secure.

Next Steps: Protecting Your Future

Because “other serious causes” is a totality-of-circumstances analysis, the best approach is usually:

Identify the clearest fact pattern(s) that show irretrievable breakdown,
Build a lawful evidence plan, and
Decide which Article 840 grounds to plead together for maximum clarity.

If you would like a confidential assessment of your situation and a tailored evidence strategy, speak with an English-speaking divorce lawyer in Korea.