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Judicial Divorce

Judicial Divorce

Contested divorce in Busan: there is a way even if your spouse refuses

Even if your spouse refuses, you can obtain a divorce by judgment by proving one of the six grounds in the Civil Act, Article 840 with evidence. A complaint filed with Busan Family Court goes to mediation first, and property division, parental authority and custody are decided in the same proceeding.

Even if your spouse refuses, proof gets you a divorce

If your spouse does not want a divorce, the case goes to trial. You must show with evidence that at least one of the six grounds for judicial divorce in the Civil Act, Article 840 applies.

The court looks at evidence, not assertions, and some grounds have filing deadlines. Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, each with a Divorce specialization registered with the Korean Bar Association, handle the case from complaint to judgment.

To consult in Changwon or Seoul: Changwon Office · Seoul Office

    CASE.1

    Infidelity by the spouse

    Conduct that breaches the duty of fidelity. Messages, photos, and accommodation and payment records are the main evidence.

    CASE.2

    Malicious desertion

    Leaving home or cutting off living expenses without good reason, abandoning the duties of marriage.

    CASE.3

    Extremely unjust treatment

    Assault, abuse or severe insults by the spouse or the spouse's parents, or unjust treatment of your own parents.

    CASE.4

    Reasons that make the marriage hard to continue

    Incompatibility alone is not enough. The breakdown must be hard to repair, as with long separation, gambling or continued verbal abuse.

    How your case proceeds

    Filing the complaint

    We file the divorce, property and child claims together

    Preservation measures

    We consider provisional attachment to stop assets being disposed of

    Mediation and family investigation

    We go through mediation and prepare for the review of the care environment

    Hearings and judgment

    We prove the ground for divorce with evidence and obtain a judgment

    Deadlines in a divorce lawsuit

    Situation Deadline
    Divorce claim based on infidelity 6 months from when you learned of it, 2 years from when it occurred
    Serious reason making the marriage hard to continue (item 6) Same periods as above
    Answer by the party served with a complaint 30 days from receiving the copy of the complaint
    Divorce report after the judgment becomes final 1 month from the date it becomes final

    Basis: Civil Act, Articles 841 and 842; Civil Procedure Act, Article 256; Act on the Registration, etc. of Family Relationships, Articles 78 and 58

    Judicial Divorce Frequently Asked Questions

    QIn a contested divorce in Busan, do divorce, property division and custody need separate lawsuits?
    A

    They can be filed together. The divorce claim and the related claims for division of property, consolation money, designation of the person with parental authority and the custodial parent, and child support arise from the same facts, so they are brought in one complaint and decided in one judgment (Family Litigation Act, Article 14). In a judicial divorce the court decides parental authority on its own authority (Civil Act, Article 909(5)), so we prepare childcare evidence from the start as well.

    QIf I am served with a divorce complaint and do not answer, will the court rule as my spouse claims?
    A

    Not on the divorce claim itself. Judicial divorce is a Type B family litigation case, so the Civil Procedure Act rule that treats a failure to answer as an admission does not apply (Family Litigation Act, Article 12), and the court examines facts and evidence on its own authority (Article 17). Even so, you should file an answer within 30 days of service to put your side forward (Civil Procedure Act, Article 256), and the accompanying claims for consolation money and property division may be handled differently.

    QMy spouse left home and I have not heard from them for a long time. Must I wait 3 years to sue?
    A

    The 3-year period belongs to the ground where it is unknown for 3 years or more whether the spouse is alive (Civil Act, Article 840, item 5). If you know they are alive but they left home without good reason and abandoned the duties of marriage, you can rely on malicious desertion (item 2), which has no time requirement. Which ground applies depends on how they left and whether living expenses were paid, so keep a record of contacts and dates.

    QIf both of us are at fault, who can file for divorce?
    A

    According to the Supreme Court, if the marriage has broken down beyond repair, the court must grant the divorce unless the filing spouse's responsibility is found to be heavier than the other spouse's (Supreme Court Decision 2021Meu15480, decided May 26, 2022). What is compared is not the number of wrongs but the weight of responsibility for the breakdown, and that judgment depends on the facts.

    QI was served with a divorce complaint, and I also want consolation money and property division. Do I need a counterclaim?
    A

    Disputing the other side's claims in an answer is different from making your own claim. To claim your own divorce, consolation money and property division in the same proceeding, the defendant files a counterclaim in the court hearing the main action before the hearings close (Civil Procedure Act, Article 269). A counterclaim is heard together with the main action, so decide at the answer stage which claims to include in it.

    QWhich court do I file a divorce lawsuit in? What if my spouse has left Busan?
    A

    If both spouses live in Busan, a divorce lawsuit in Busan is filed with Busan Family Court (Family Litigation Act, Article 22, item 1). Even if your spouse has moved elsewhere, you can file with Busan Family Court if your last shared address was in Busan and you still live there (item 2); if you have also left, the case goes to the Family Court for your spouse's address (item 3). This is exclusive jurisdiction, so the parties cannot change it by agreement.

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