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A divorce in Changwon: property and children, sorted out together
Changwon has no separate family court, so divorce cases are divided by address among the Changwon District Court main court and its Masan, Jinju, Tongyeong, Miryang and Geochang branches. Our Changwon Office is a 2-minute walk from the court's main gate; call 055-715-3119.
Gyeongnam has no family court. Where you live decides which court you go to
The Changwon District Court main court and its Masan, Jinju, Tongyeong, Miryang and Geochang branches divide divorce, property division and child-rearing cases by address. If the spouses now live in different places, the first step is deciding which court.
The questions we hear most in Changwon are about property and children, so we start with a list of assets and a parenting plan. Attorneys Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, who hold a specialization in Divorce registered with the Korean Bar Association (KBA), handle these cases.
To consult in Busan or Seoul: Busan offices · Seoul Office
How your case proceeds
Consultation
We check addresses, when you separated, and the property and children situation
Jurisdiction confirmed
We determine from both spouses' addresses whether it is the main court or a branch
Preservation measures
If property may be disposed of, we file for provisional attachment first
Mediation or trial
On each court date, you stop by the office and we plan the next step
Property and children: what to check first
| Issue | What to check first |
|---|---|
| Deadline for division of property | If the divorce has been reported, whether 2 years have passed since the date of divorce |
| Property to be divided | A list of assets and debts built up together, and whether pre-marital, inherited or gifted property is mixed in |
| Spouse's property | Whether to apply for a property disclosure order or property inquiry when you do not know what is in your spouse's name |
| Risk of disposal | Whether an apartment sale or deposit withdrawal is under way, requiring provisional attachment or a provisional disposition |
| Parental authority and custodian | Who cares for the children now, the parenting plan after divorce, and whether family members can help |
| Child-rearing during the case | Whether an interim custodian and child support need to be set until judgment |
Basis: Civil Act, Articles 839-2 and 837; Family Litigation Act, Articles 48-2, 62 and 63
Changwon Divorce Frequently Asked Questions
QAfter consulting a Changwon divorce lawyer, which court do I file with? I heard Gyeongnam has no family court.
A
That is correct. Gyeongnam has no separate family court, so divorce, division of property and child-rearing cases are divided by address among the Changwon District Court main court and its Masan, Jinju, Tongyeong, Miryang and Geochang branches (Act on the Establishment of Courts of Various Levels and Their Jurisdictional Districts). Uichang-gu, Seongsan-gu and Jinhae-gu in Changwon and Gimhae go to the main court, and Masanhappo-gu and Masanhoewon-gu go to the Masan Branch. Our Changwon Office is a 2-minute walk from the main court's gate.
QIf I live in Masan or Jinju, can I still apply for divorce by agreement at the Changwon District Court main court?
A
By address alone, Masan goes to the Masan Branch and Jinju to the Jinju Branch, but confirmation of intent for divorce by agreement can also be requested at the court with jurisdiction over your registration base, not only your address (Act on the Registration, etc. of Family Relationships, Article 75(1)). If your registration base is under the main court, you can file there, so first check the registration base on your marriage certificate. Whichever court you use, both spouses must appear together.
QI still live in Changwon and my spouse moved to Jinju. Which court hears the case?
A
If the last address where the couple lived together is under the Changwon District Court main court and you still live there, you file with the main court (Family Litigation Act, Article 22, item 2). If you have also moved elsewhere, you must go to the Jinju Branch, which has jurisdiction over your spouse's address (item 3). This is why a Changwon divorce lawyer first checks when you separated and both spouses' registered resident addresses.
QWe divorced by agreement in Masan, but I did not receive division of property. Where do I file the claim?
A
A claim for division of property is a Category Ma non-contentious family case, so it is filed at the court with jurisdiction over the other party's address (Family Litigation Act, Article 46). If the other party lives in Masan, it is the Masan Branch; if in Changwon or Gimhae, the main court. The deadline is 2 years from the date of divorce, and for a divorce by agreement that means the date the divorce was reported (Civil Act, Article 839-2(3)), so we first count how much time is left.
QMy spouse seems about to sell our apartment. Where do I apply for provisional attachment?
A
Provisional attachment or provisional disposition based on a divorce or division of property case is filed with the family court handling that main case, which in Gyeongnam is the relevant Changwon District Court main court or branch (Family Litigation Act, Article 63). The court can order it without security, and if mediation has been requested, that counts as filing the main suit. It is often filed together with the complaint or even before it.
QIf our divorce is settled through mediation in Changwon, where and by when do we report it?
A
When mediation succeeds, the divorce takes effect when the agreed terms are entered in the mediation record (Family Litigation Act, Article 59), and you report it to the district office for your registration base or address within 1 month of that date, attaching an authenticated copy of the record (Act on the Registration, etc. of Family Relationships, Articles 78 and 58). A mediation record has the same effect as a judicial settlement, so the division of property and child support terms in it can be enforced directly. Write the amounts and payment dates in specific terms.
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