Types of divorce· There are two main ways to divorce: Divorce by agreement and judicial divorce. If the spouses agree on divorcing, they may divorce by agreement; while if they are unable to agree, the party seeking to divorce may bring action for divorce requesting a court judgment.
Divorce by agreement- If a married couple intends to divorce, divorce takes effect when they apply to a court for divorce, obtain the court’s confirmation after a certain period, and report the divorce to an administrative agency. This is called divorce by agreement (see Articles 834 and 836(1) of the Civil Act).
- If spouses divorcing by agreement have any children to foster, they shall determine by agreement matters on the fostering and custodial rights over such children and are obligated to submit such written agreement to the court when obtaining confirmation of divorce. If such an agreement is not reached, the court will decide ex officio or by the request of a party (see Article 837 of the Civil Act).
- Matters regarding consolation money or division of property will also be decided by agreement between the spouses; if such agreement is not reached, the court will decide by the request of a party (see Article 839-2 of the Civil Act).
※ Details on the requirements and procedures of divorce by agreement are found in the <Divorce by Agreement-Requirements for Divorce by Agreement> section of this article.
Judicial divorce- If divorce by agreement is not possible, one of the spouses may bring an action for divorce to a court to seek a divorce judgment. This is called judicial divorce. For judicial divorce to be permitted, any of the following circumstances must exist (Article 840 of the Civil Act):
1. The other spouse has committed an unfaithful act;
2. The other spouse maliciously deserted the spouse;
3. The spouse has been extremely maltreated by the other spouse or the other spouse’s lineal ascendant;
4. The spouse’s lineal ascendant has been extremely maltreated by the other spouse;
5. It is unknown for at least 3 years whether the other spouse is living or deceased; or
6. There exists other material cause, making it infeasible to continue the marriage.
※ Details on the requirements and procedures of judicial divorce are found in the <Judicial Divorce-Requirements for Judicial Divorce> section of this article.