A practical divorce-litigation guide by a former Korean family-court chief judge — from consensual divorce to the timing benchmarks for property division
Based on my experience serving as a chief judge of a Korean family court, this article organizes how divorce litigation actually unfolds from a practitioner's perspective. It pulls together in one place the structure of consensual divorce, mediated divorce, and litigated divorce; the usual recognition trends for damages, property division, and custody; and the practical points that attorneys routinely need to watch. It is written to help both clients facing a divorce for the first time and attorneys handling the matter.
The structure of consensual, mediated, and litigated divorce
More than about 70% of all divorces in Korea proceed as consensual divorces. Consensual divorce splits into two paths depending on whether there are children.
| Procedure type | Handled by | Cooling-off period | Notes |
|---|---|---|---|
| Consensual divorce (with children) | Judge | About 3 months | Both parties must appear |
| Consensual divorce (no children) | Judicial scrivener | 1 month | Both parties must appear |
| Mediated divorce | Mediation committee | Varies by case | Lighter appearance burden; preferred by public figures |
| Litigated divorce | Family-court trial | Typically 1 year or more | Used when there are many disputed issues |
Even when there is agreement, many clients prefer to shift to mediated divorce when they want to avoid the burden of appearing in court and speaking directly. There is also a procedural advantage: the stamp duty is lower than in litigation.
Jurisdiction must be checked at the very beginning
As an attorney, the point I emphasize is jurisdiction. Divorce-case jurisdiction is exclusive, so filing in the wrong court can lead to reversal and reassignment on appeal. Jurisdictional mistakes have arisen even in high-profile cases, so checking both the address on the family-relations register and the resident-registration address before filing the complaint is the safer practice.
Grounds for divorce: fault-based versus breakdown-based theory
Article 840 of the Civil Code lists grounds for divorce, but in practice the more important standard is whether the marriage has substantively broken down. Length of separation, prospects of reconciliation, and the children's situation are all weighed together.
The Supreme Court generally maintains a fault-based stance, but lower courts increasingly recognize divorce based on the degree of breakdown. When one side expresses strongly that they truly cannot continue, mediators sometimes go so far as to recommend divorce. Cases where a denied divorce led to reconciliation are typically very rare.
As an attorney, there is one scene I have never witnessed: a couple living happily together again after their divorce petition was denied. So courts also tend to see, in cases where reconciliation looks impossible, that settling the matter through divorce ultimately serves the whole family better.
Cases with minor children are different
When minor children are involved, breakdown-based reasoning is applied more cautiously. Clients who want the divorce denied need to keep the following stance consistently across every procedure, including the family-investigation interview.
- Do not respond emotionally to the other side's criticism or provocations
- Hold an unwavering position that you want to restore the marriage
- Maintain the same tone in the family-investigation interview as well
Getting a divorce denied is typically much harder than getting one granted. Consistency between counsel and the client decides the outcome.
The usual range of damages awards
| Target | Typical recognized range |
|---|---|
| Affair partner (sanggannam / sanggannyeo) | About KRW 15 million to KRW 20 million |
| Cheating spouse | About KRW 20 million to KRW 40 million |
A damages claim is a tort claim, so the statute of limitations applies. A sanggan lawsuit premised on divorce is heard by the family court, while a claim premised on maintaining the marriage is heard by general civil courts. Always confirm jurisdiction.
Custody is decided by the routine of daily time
For young children, the family investigator's interview and observation of the custodial parent's daily life are decisive; from roughly third grade of elementary school through middle and high school, the child's own preference carries the largest weight. Child support follows the child-support guidelines, but past child support and future child support are examined separately.
A spousal-support claim is structured differently. A spouse seeking denial of divorce can claim spousal support, but when both parties agree to the divorce, a spousal-support claim is generally difficult.
The benchmark date for property division decides the outcome
The most important factor in property division is the benchmark date. By asset type:
- Cash-equivalent assets (bank deposits, stock balances): the breakdown of the marriage (typically the separation date or the date the complaint is filed)
- Real-estate and stock market prices: the date the last hearing on the merits closes (variance closing)
For real estate, if the market price rises during litigation, the side not taking the property often benefits from going all the way to the appellate court. Because the division ratio is not adjusted for those gains, the later the variance closing, the higher the value of the divided pool.
| Asset type | Benchmark date | Practical point |
|---|---|---|
| Bank deposits / cash | Marriage-breakdown date | Pull 3 years of transaction history |
| Stocks / funds | Marriage-breakdown date | Capture balance at the cut-off |
| Real estate | Variance-closing date | Highly affected by price changes |
| Unlisted stock | Variance-closing date | Valuation method frequently disputed |
A new trend: property-division claims after consensual divorce
You may bring a separate property-division claim within 2 years after a consensual divorce. Earlier precedents valued assets as of the divorce date, but the Supreme Court has recently shown a direction toward valuing real estate at the variance-closing date when prices have risen sharply. In cases where real-estate prices jumped right after consensual divorce, this trend becomes a strategic variable.
Division ratio: what the couple earned together is split fifty-fifty
In general:
- Assets the couple built together: starts at 50-50, with adjustments typically within about 5%
- Assets received from in-laws or the family home: usually excluded from the divisible pool if received soon after marriage; gradually included as time passes
- Where a child of a wealthy family does not work: most assets originate from the parents' side, so the division ratio tends to be the lowest
The cutoff for recognizing exclusive (separate) property is typically around 3 years into the marriage. This is not an absolute rule — the judge's overall judgment enters each case.
Family investigation and mental care
The family-investigation interview is conducted by the party in person without counsel. Emotions, sincere words, and things you should not say can come out, and they have a significant impact on the outcome. In cases disputing parental authority or custody, the family investigation is effectively decisive.
- Rehearse thoroughly with counsel just before the interview
- Decide on a consistent tone and vocabulary in advance
- Explain your love and care for the child concretely, based on facts
Divorce litigation is a procedure that handles people's emotions. Mental care for the client is a key part of counsel's job, and emotional support that keeps the client consistent is needed.
Frequently asked questions
Q. Two years have passed since the consensual divorce — can I still contest the property division? A. After 2 years from the consensual-divorce date, the property-division claim generally lapses. There may still be room to contest the validity or rescission of the agreement itself in some matters. Bring the materials and we can review through Chat with an attorney now.
Q. Real-estate prices are rising. Is it better to go up to the appellate court? A. If you are the side not taking the property, that is often advantageous. Costs and time of the appellate stage also need to be weighed.
Q. We have minor children and I want to prevent divorce. Is it possible? A. The presence of minor children typically counts in your favor, but your consistent stance and conduct in the family investigation are decisive.
Closing thoughts
Divorce litigation is decided less by polished oral argument than by meticulous documentation, jurisdiction checks, benchmark-date review, and consistent family-investigation responses. If you cannot gauge what the core variables in your situation are, I recommend starting with a check.
This article is general legal information written based on the YouTube commentary above by attorneys of Jonjae Law Firm.
Last reviewed: 2026-05-30
Disclaimer: This article is provided as general legal information and is not legal advice on the specific facts of any individual case. Outcomes may vary depending on the facts and evidence, so anyone facing an actual dispute or needing consultation should obtain individual advice from a qualified attorney.
