Posted on Sep 21, 2021
How much and how long is it to get a divorce in Korea?
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I am not one to put my business out in the open, but….. I recently me and my family (civilian spouse and child) to Daegu. Unfortunately, my husband is trying to make it difficult for me by NOT doing anything, (i.e. not helping in the house, not attending our child, not contributing). He only uses his payment to go out or come home and drink, which is putting an extreme toll on the marriage. Also, we live like anti-social room mates.
My question, how much and how long is it to get a divorce here in Korea? He doesn’t want to get a divorce because that will interfere with his benefits as a spouse. Serious responses only.
*In the past, tried marriage counseling, family advocacy, chaplain, individual counseling and nothing has worked or changed his behavior.
Are there any recommended lawyers?
My question, how much and how long is it to get a divorce here in Korea? He doesn’t want to get a divorce because that will interfere with his benefits as a spouse. Serious responses only.
*In the past, tried marriage counseling, family advocacy, chaplain, individual counseling and nothing has worked or changed his behavior.
Are there any recommended lawyers?
Divorce
Korea
Family
Posted 3 y ago
Responses: 10
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Family law attorney here. If you are seriously looking to get a divorce and you and your spouse are currently in South Korea, you may be able to obtain a divorce through the South Korean courts. However, Korean courts do not recognize no-fault divorces so you have to prove to the court that the other person has committed adultery, deserted the family, has seriously maltreated the family (including any lineal family member who mistreated one spouse) or the whereabouts of the other spouse have been unknown for three years. So unless your spouse is willing to agree to a divorce and to settlement of the issues then you will have to prove one of the reasons above for the divorce.
You need to first talk to a family law attorney in South Korea to determine if you want to go that route. If you decide that is not how you wish to proceed, then you need to talk with an attorney in the state where you are domiciled (home state of record is considered your domicile state) to determine if you can go forward with a divorce in your domiciled state. Please be aware that if you do go forward with a divorce in your domicile state that you will have to follow the Hague Convention rules regarding service of process in South Korea. You may want to check out the American Bar Association's Military Pro Bono Project as they may be able to hook you up with an attorney.
https://www.militaryprobono.org/
Also, you can talk with JAG officers (although I do not recommend their advice on most issues of family law since they don't practice in this area of law) about how to connect with an attorney in your domicile state.
You need to first talk to a family law attorney in South Korea to determine if you want to go that route. If you decide that is not how you wish to proceed, then you need to talk with an attorney in the state where you are domiciled (home state of record is considered your domicile state) to determine if you can go forward with a divorce in your domiciled state. Please be aware that if you do go forward with a divorce in your domicile state that you will have to follow the Hague Convention rules regarding service of process in South Korea. You may want to check out the American Bar Association's Military Pro Bono Project as they may be able to hook you up with an attorney.
https://www.militaryprobono.org/
Also, you can talk with JAG officers (although I do not recommend their advice on most issues of family law since they don't practice in this area of law) about how to connect with an attorney in your domicile state.
Military attorneys may refer cases for pro bono assistance, use Operation Stand-By for guidance, and find further legal information and resources.
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You need to take this issue to your JAG. Revoke any power of attorney you have and stop your direct deposit into accounts he controls or is a joint owner. So much more but it needs to be discussed, get to your unit's JAG representative and work with them to build a list of actions to take.
The divorce is not an easy process but you can file for separation depending on your state laws.
Again your unit JAG is the best place to go next.
The divorce is not an easy process but you can file for separation depending on your state laws.
Again your unit JAG is the best place to go next.
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For most states you will have to apply for your divorce through the state you got married in, or since you have children, the last state you resided in with your kids.
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Patricia Overmeyer
SFC (Join to see) - Actually she can get a divorce in South Korea. Please note my explanation above. It will all depend on whether she can get her husband to agree to the divorce and settlement of the issues. If not, then she is hemmed in by what she will have to prove in court as South Korea is not a no-fault divorce country.
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SFC Kelly Fuerhoff
Patricia Overmeyer - This is why she needs to start at JAG to find out what resources they have because I guarantee she's not the first servicemember to want a divorce while stationed in Korea.
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Patricia Overmeyer
SFC Kelly Fuerhoff - Depends on the JAG personnel. Believe me, I've had so many clients who say "JAG said I could do this, I could do that, I should..." and JAG was totally off on family law issues. I've even read some of the handouts...then took out my red pen, deleted statements and wrote in the correct state law. I've listened to opposing party in court spout out whatever JAG told them, only to have the court say "That's not correct for state law." And I'm not the only family law attorney that has faced these issues.
JAG is great with military regs, but they are really not the best source for family law issues in the civilian courts. That being said, I tell people to go to JAG to get referrals to civilian attorneys who know the laws, to get information regarding what the military regs are regarding support of spouse/family during separation, obtaining military orders of protection, etc. What the military is able to order a servicemember to do during separation or divorce is quite different from what a civilian court can order. And it's important for the servicemember to know both sides of the great divide.
JAG is great with military regs, but they are really not the best source for family law issues in the civilian courts. That being said, I tell people to go to JAG to get referrals to civilian attorneys who know the laws, to get information regarding what the military regs are regarding support of spouse/family during separation, obtaining military orders of protection, etc. What the military is able to order a servicemember to do during separation or divorce is quite different from what a civilian court can order. And it's important for the servicemember to know both sides of the great divide.
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SFC Kelly Fuerhoff
Patricia Overmeyer - I simply said she could start there - and clarified that JAG cannot represent in family law. But they can probably guide her in how to process a divorce in Korea. In my experience, JAG refers people to the actual resources not that they are going to represent them. They can't represent them in family law cases.
It's just where to start especially being in Korea. If she was stateside, I would tell her to search for family law attorneys who offer free consultations and go talk to at least three of them before deciding. For my divorce, I lucked out since not only did my ex husband just not show up and I got a default decree but the lawyer I used ran his own practice from home and I only paid $1500 probably mostly because it was a default decree. It actually cost me more to modify the custody order to move my daughter with me when I had to PCS (and he was in prison so again not much work) than the divorce did.
It's just where to start especially being in Korea. If she was stateside, I would tell her to search for family law attorneys who offer free consultations and go talk to at least three of them before deciding. For my divorce, I lucked out since not only did my ex husband just not show up and I got a default decree but the lawyer I used ran his own practice from home and I only paid $1500 probably mostly because it was a default decree. It actually cost me more to modify the custody order to move my daughter with me when I had to PCS (and he was in prison so again not much work) than the divorce did.
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