Divorce & Child Custody
Divorce is never an easy decision, and it can be even more complex when international elements are involved. At Kang & Shin, we provide essential legal support for foreigners navigating the Korean family law system. Whether you are pursuing an uncontested divorce by mutual agreement or seeking a judicial divorce due to irreconcilable differences, our English speaking lawyers will guide you through each step, always prioritizing your rights and the best interests of any children involved.
Our firm handles a wide range of family law matters, including divorce, division of marital property, claims for damages, and issues involving child custody, visitation rights, and child support. We understand the emotional and legal complexities involved, particularly for families with ties to more than one country. We work zealously to achieve sustainable outcomes, whether through negotiation, mediation, or litigation, ensuring your interests are protected throughout the Korean legal process.
In cases involving international child abduction, we offer representation under the Hague Convention on the Civil Aspects of International Child Abduction. If your child has been wrongfully removed or retained across borders, we can assist in initiating return proceedings or defending against such claims. Our priority is to protect your parental rights while upholding the best interests of the child under both Korean and international law.
With our deep understanding of Korean family law and experience representing foreigners, Kang & Shin is committed to providing the dedicated legal support you need during the challenging time of family matters. Our goal is to simplify legal complexities and empower you to move forward with confidence.
Frequently Asked Questions (FAQ)
Here are answers to frequently asked questions.
For a personalized consultation regarding your specific case, please contact us.
1. Can a foreigner get divorced in Korea?
Yes, foreigners can get divorced in Korea if certain jurisdictional requirements are met. For example, Korean courts may have jurisdiction if one or both spouses have a substantial connection to Korea, such as residency. The type of divorce available will depend on the level of cooperation between spouses and whether both parties are physically present in Korea.
2. What are the types of divorce available under Korean law?
There are two primary types of divorce under Korean law: divorce by agreement and judicial divorce.
Divorce by agreement requires mutual consent between both spouses and typically involves their appearance at the Family Court.
Judicial divorce is further divided into two procedural paths: divorce by mediation and divorce by litigation (contested divorce). Unlike divorce by agreement, judicial divorce does not require the parties’ appearance, especially if a party is represented by an attorney with proper authorization.
3. Do I need to be physically present in Korea to file for divorce?
For a divorce by agreement, both parties are required to appear in person at the Family Court. Personal attendance is typically necessary for the court to process the divorce.
For a judicial divorce, whether through mediation or litigation, it is possible to proceed without being physically present in Korea. A party may appoint a Korean attorney with a Power of Attorney to handle the proceedings on their behalf.
4. How is child custody determined in Korea?
Korean courts base custody decisions on the child’s best interests. Relevant factors include the child’s age, emotional and physical needs, relationship with each parent, stability of the living environment, and each parent’s caregiving ability.
While custody may initially be awarded to one parent, it is possible for the non-custodial parent to seek a modification in custody if there are substantial changes in circumstances, such as abuse, neglect or a change in the custodial parent’s ability to provide proper care.
5. Can I stay in Korea after divorcing my Korean spouse?
If you were residing in Korea on a F-6 marriage visa, your visa status will be affected by divorce. However, it is still possible for you to stay in Korea by changing your visa type under certain conditions, such as having custody of a child or proving that the divorce was solely attributable to your spouse. It’s important to note that a divorce by agreement will most likely not be sufficient to prove your spouse’s fault for visa purposes.
6. What happens if my spouse brings our child to Korea without my consent?
If your child has been wrongfully taken from the country of habitual residence and brought into Korea without your consent, you may be able to pursue return proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, to which Korea is a signatory. This international treaty provides a legal framework for the prompt return of children who have been unlawfully removed or retained across borders. In such cases, the left-behind parent may initiate proceedings through the Hague Convention to restore custody arrangements to their proper jurisdiction.