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...
When a spouse disappears and their whereabouts are unknown, the problem in Korea is not just emotional but legal. Civil Act Article 840(5) provides a specific basis in Korean law for what is sometimes called a spouse missing divorce in Korea, a judicial divorce when the other spouse’s life or death has been unknown for three years or more. On paper, this looks like one of the more...
When a marriage in Korea breaks down and spouses cannot agree to a consensual divorce (협의이혼), the only option is a judicial divorce (재판상 이혼). To succeed, you must prove at least one of the six legal grounds for divorce in Korea under Civil Act Article 840. Among these, extreme maltreatment divorce in Korea under Article 840(3) and (4) is both very serious and often misunderstood,...
When a marriage in Korea breaks down and the spouses cannot agree to a consensual divorce (협의이혼), one spouse must file for a judicial divorce (재판상 이혼). This requires proving one of the six legal grounds for divorce in Korea. Among these, malicious desertion divorce in Korea, legally termed malicious desertion (악의의 유기) under Civil Act Article 840(2) and often described in practice as a...
When spouses in Korea can’t agree to end their marriage by consent, the path is a judicial divorce (재판상 이혼). Among the recognized grounds for divorce in Korea, infidelity, termed an “act of unchastity” under Civil Act Article 840(1), is one of the most common grounds. This guide explains how Korean courts define infidelity, what evidence is needed to build a strong case, and the strict...
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...
