Divorce in Korea as a Foreigner: Mutual Agreement vs. Court Process

1. ·Art. 834: Spouses may divorce by mutual agreement (협의이혼).
2. ·Art. 836 ①: Mutual consent divorce takes effect only after Family Court confirmation AND official registration under the Family Relations Registration Act — it is NOT effective from the date of agreement alone.
3. ·Art. 836 ② : The registration report must be signed by both parties and two adult witnesses.
4. ·Art. 836-2 ①②: Both parties must attend mandatory divorce guidance at the Family Court. A waiting/reflection period of 3 months (with children to raise) or 1 month (without) must pass before the court confirms the divorce intention.
5. ·Art. 836-2 ③: The court may shorten or waive the waiting period if domestic violence or other urgent circumstances make waiting intolerable.
6. ·Art. 837: Child custody arrangements — including who raises the child, how costs are shared, and visitation rights — must be agreed upon. If agreement is not reached or is contrary to the child's welfare, the Family Court decides directly.
7. ·Art. 838: If either party was induced to agree to divorce by fraud or coercion, they may apply to the Family Court to cancel the divorce.

1. ·Both spouses must mutually agree to divorce (Civil Act Art. 834).
2. ·Both parties must personally attend Family Court to receive mandatory divorce guidance (Art. 836-2 ①).
3. ·The mandatory waiting/reflection period must have passed: 3 months if there are children to raise (including unborn children), 1 month if there are no such children (Art. 836-2 ②).
4. ·Child custody arrangements (caregiver, costs, visitation rights) must be agreed upon or submitted for court decision before confirmation (Art. 837).
5. ·The divorce report must be signed by both spouses and two adult witnesses (Art. 836 ②).

1. 1Step 1 – Prepare: Gather your ID, passport, alien registration card (외국인등록증), marriage certificate (혼인관계증명서), and any relevant documents about children or joint property.
2. 2Step 2 – Visit Family Court together: Both spouses visit the nearest Family Court (가정법원) together and submit the application to confirm divorce intention (이혼의사확인신청서). You will receive mandatory divorce guidance (이혼 안내) on the same day.
3. 3Step 3 – Wait the reflection period: Wait 3 months (with children) or 1 month (no children) from the guidance date. During this time, you must agree on child custody details (Civil Act Art. 837). If urgent (e.g. domestic violence), request a shortened period from the court.
4. 4Step 4 – Appear for confirmation: Return to the Family Court on the appointed date. Both parties must appear in person. The court will confirm your mutual intention to divorce and issue a confirmation document.
5. 5Step 5 – File the divorce report: Within the deadline given by the court, submit the divorce report (이혼신고서) — signed by both parties and two adult witnesses — to the local Family Registry Office (시·구·읍·면사무소). Bring the court's confirmation document.
6. 6Step 6 – Update your status: After registration, update your records at the immigration office if your visa status is tied to the marriage (e.g. F-6 spouse visa). Consult an immigration specialist as needed.

Family Court (가정법원) for confirmation; Local Family Registry Office (가족관계등록관서 / 시·구·읍·면사무소) for registration

1. ·Thinking verbal or written agreement between spouses is enough — divorce is NOT legally effective without Family Court confirmation and official registration (Art. 836 ①).
2. ·Only one spouse appearing at the Family Court — both must appear in person for the guidance session and the confirmation appointment.
3. ·Forgetting to arrange child custody terms before the confirmation date — the court requires this to be resolved (Art. 837).
4. ·Missing the deadline to file the divorce report after receiving court confirmation — check the exact deadline with the court.
5. ·Not updating immigration/visa status after divorce — if your visa is based on marriage (e.g. F-6), you may lose your legal basis to stay in Korea.
6. ·Assuming the waiting period cannot be shortened — in cases of domestic violence or urgent hardship, you can request the court to shorten or waive it (Art. 836-2 ③).