Not legal advice. This is general information, not legal advice. It does not create an attorney-client relationship.
Key facts
- Divorcing in South Korea involves navigating complex family laws regarding custody and property, with the added pressure of maintaining legal residency. Strategic legal planning is essential to protect your rights as a parent and your visa status.
1. Consensual vs. Contested Divorce
2. Child Custody and Visitation Rights
3. Property Division (재산분할)
4. F-6 Visa Status After Divorce
What to do
- Do not agree to a consensual divorce if you are unsure about your visa status.
- Collect evidence of marital assets and financial contributions.
- Gather proof of fault (texts, photos, financial records) if filing for contested divorce.
- Document your role as the primary caregiver for your children.
- Consult a lawyer to understand how the divorce affects your F-6 visa.
Key defense objectives & outcomes
Favorable child custody or robust visitation rights
Fair division of marital property and alimony
Maintenance of F-6 visa or transition to F-5 permanent residency
Quick answers
Can I take my child abroad after divorce?
If you have primary custody, generally yes, but it is highly recommended to have this explicitly agreed upon or court-ordered to prevent claims of international child abduction.
What happens to my F-6 visa?
Your F-6 visa is at risk unless you have custody of Korean children, the divorce was 100% your spouse's fault, or you transition to another visa.
How long does a contested divorce take?
A contested divorce in Korea typically takes between 6 months to over a year, depending on the complexity of the property division and custody disputes.
- Korean Family Court
- KLRI Family Act