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Seoul Divorce
Divorce in Seocho, Seoul? Start with the Seoul Family Court deadlines
The Seoul Family Court hears judicial divorce, property division and child-rearing cases from all of Seoul; if spouses live apart, the Family Litigation Act sets the court. Our Seoul Office is at 156 Seochojungang-ro, Seocho-gu, where three attorneys registered in Divorce give advice.
A Seoul divorce starts at one court, the Seoul Family Court
In Seoul, whichever district you live in, judicial divorce, mediation, division of property and custodian designation cases are handled by the Seoul Family Court. If your spouse lives in another region, the last shared address may decide the court.
Even after divorce, division of property must be claimed within 2 years and consolation money within 3 years from when you learned of the harm, so we start by counting the dates. Attorneys Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, who hold a specialization in Divorce registered with the Korean Bar Association (KBA), advise at the Seoul Office.
To consult in Busan or Changwon: Busan offices · Changwon Office
How your case proceeds
Consultation
We check addresses, length of marriage and assets
Jurisdiction check
We determine whether it is the Seoul Family Court or another family court
Preparing materials
We gather property records and the history of the marriage breakdown in date order
Mediation or trial
We settle division of property and child-rearing terms together
Deadlines you must not miss in a Seoul divorce
| Item | Deadline | Basis |
|---|---|---|
| Deliberation period for divorce by agreement | 3 months with children, 1 month without | Civil Act, Article 836-2 |
| Reporting a divorce by agreement | 3 months from receiving a copy of the confirmation | Act on the Registration, etc. of Family Relationships, Article 75 |
| Claim for division of property | 2 years from the date of divorce | Civil Act, Article 839-2(3) |
| Claim for consolation money | 3 years from learning of the harm and the wrongdoer, 10 years from the wrongful act | Civil Act, Article 766 |
| Divorce claim on grounds of infidelity | 6 months from learning of it, 2 years from when it occurred | Civil Act, Article 841 |
Basis: Civil Act, Articles 836-2, 839-2(3), 766 and 841; Act on the Registration, etc. of Family Relationships, Article 75
Seoul Divorce Frequently Asked Questions
QI live in Gyeonggi-do. If I hire a Seoul divorce lawyer, will the case be at the Seoul Family Court?
A
No. Jurisdiction over judicial divorce is exclusive and is set by the spouses' addresses, not the lawyer's office (Family Litigation Act, Article 22). If both spouses live in Gyeonggi-do, the suit is filed with the family court for that address, such as Suwon Family Court, and it is the Seoul Family Court only when the last shared address was in Seoul and one spouse still lives there. Regardless of where our office is, a Seoul divorce lawyer appears on court dates at the relevant court.
QMy spouse is abroad. Can we do a divorce by agreement or a divorce lawsuit in Seoul?
A
For divorce by agreement, if neither spouse lives in Korea, the Seoul Family Court has jurisdiction (Act on the Registration, etc. of Family Relationships, Article 75(1)), and if one spouse is a Korean national residing abroad and cannot easily appear, the other may apply alone and the spouse abroad can receive the guidance in writing (Rules of the same Act, Article 73(2)). A lawsuit involves serving the other party abroad, which takes longer, so the first step is confirming the other party's address where they are staying.
QAs an adult child, can I consult and pursue my parents' divorce on their behalf?
A
You can come along to the consultation or help organize materials, but claims for divorce, division of property and consolation money belong to the spouses themselves, so a child cannot file the suit for them or become a party. Your parents must give the authorization themselves, and in principle they must appear in person at mediation and hearing dates (Family Litigation Act, Article 7). If you come with your parents' marriage certificate, a list of assets and the date they separated, the consultation goes faster.
QAfter confirmation of a divorce by agreement in Seoul, where do we report the divorce?
A
Report it at a district office within 3 months of receiving a copy of the confirmation from the Seoul Family Court. In Seoul, family relationship registration is handled by the heads of the district offices (Act on the Registration, etc. of Family Relationships, Article 3(2)), so you can file at the district office for your registration base or address, and either spouse may file alone (Rules of the same Act, Article 79). After 3 months the confirmation loses its effect and you must apply again from the start (Article 75(3)).
QI received a notice that the Seoul Family Court will conduct a family investigation. What is investigated?
A
A family investigator looks into the facts on the order of the presiding judge or the mediation judge (Family Litigation Act, Article 6), usually confirming the history of the marriage, the children's living environment and each party's circumstances through interviews and submitted materials. The findings become material for mediation and trial, so attend with a written account in date order and records of child care.
QIf the court tells us to get counseling during the deliberation period for divorce by agreement, is it mandatory?
A
You must receive the court's guidance on divorce, but counseling by a professional counselor is something the family court recommends when it sees a need (Civil Act, Article 836-2(1)). The deliberation period runs from the day you receive the guidance, 3 months if there are children to raise and 1 month if not, and the court can shorten or waive it in urgent situations such as violence (the same Article, paragraphs 2 and 3). Putting the division of property and child-rearing terms in writing during this period reduces disputes after the confirmation date.
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