Divorce in Busan: work out the outcome before you decide

No. Under the Attorney-at-Law Act, Article 23 and the KBA Regulations on Attorney Advertising, only a lawyer who has registered a specialization with the Korean Bar Association may describe themselves as a "specialist" in that field. All three of Yulmaru's divorce lawyers have registered a Divorce specialization, and you can confirm this in the KBA specialist lawyer search.

There is no procedure called forced divorce; judicial divorce fills that role. Even if your spouse will not agree, you can obtain a divorce by Family Court judgment if you prove a ground for divorce under the Civil Act, Article 840 with evidence. Once you file the complaint, the case first goes to mediation (Family Litigation Act, Article 50), and if mediation fails it proceeds to trial.

The law has a place for it. The Civil Act, Article 840 lists malicious desertion (item 2), extremely unjust treatment by the spouse or the spouse's lineal ascendants (item 3), and any other serious reason that makes it difficult to continue the marriage (item 6) as grounds for judicial divorce. Which item applies and whether a divorce is granted, however, is decided by the court case by case, looking at evidence of the duration, the frequency and how far the marriage has broken down.

Three questions decide it: whether your spouse agrees to the divorce itself, whether you have agreed on property and child arrangements, and whether you need the agreement in a document that can be enforced. If everything is agreed, divorce by agreement; if you agree to divorce but differ on terms or need an enforceable record, mediation (Family Litigation Act, Article 59); if your spouse refuses to divorce, judicial divorce.

For couples with an address in Busan Metropolitan City, Busan Family Court handles confirmation of divorce by agreement, mediation and judicial divorce (Act on the Registration, etc. of Family Relationships, Article 75; Family Litigation Act, Article 22). You can consult a Busan divorce lawyer at any of Yulmaru's Seomyeon, Centum or Myeongji offices, and the same lawyers handle the case whichever office you visit.

If you have minor children, you must decide the person with parental authority, the custodial parent, the sharing of child support and the method of visitation (Civil Act, Articles 837 and 909(4)), and you can claim division of property and consolation money together with the divorce or separately. In a judicial divorce the court decides parental authority on its own authority (Article 909(5)), and claims for property division and child arrangements can be included in the divorce complaint and resolved in one judgment (Family Litigation Act, Article 14).