Divorce and property division, raising your children, a spouse's affair, and inheritance after a family member passes away. Jisan Law's Family Law Center stays with you through family matters handled by Korean courts, from the first consultation to after the judgment.
Problems with the people closest to you are hard to talk about with anyone. Even so, rather than leading with emotional arguments, you need to check the issues that must be settled: the grounds for divorce, how the assets were built up, and where the children will be raised. Jisan Law's Family Law Center does not push anyone toward divorce. We first listen to where you stand now and what you most want to protect, and then set a direction.
Whether you have just learned of your spouse's affair or have been sued by your partner's spouse, the outcome often depends less on how strong your feelings are and more on what material you put before the court and how. After a family member dies, each procedure has a deadline, such as the 3 months for renouncing an inheritance (상속포기) or accepting it with limited liability (한정승인), so the first task is deciding what to do in what order.
Divorce ties together property, children and emotions in several knots. If it can end by agreement, we put the terms clearly in writing to reduce the chance of another dispute. If a lawsuit is needed, we prove the legal grounds for divorce with evidence. Consultations are available at our main office in Seoul and our branch offices in Incheon, Hongseong and Songpa, and you can send us a message through the chat on this page at any time, including weekends and public holidays.
Item 1
Item 2
Item 3
Item 4
| Item | Grounds set by law | Examples |
|---|---|---|
| Item 1 | When the spouse has committed an unchaste act | Even without sexual intercourse, an act that breaks the spouses' duty of fidelity may qualify. If you consented in advance or forgave it later, you cannot file on this ground. |
| Item 2 | When the spouse has maliciously deserted the other | Leaving home without a valid reason and cutting off living expenses, or otherwise abandoning the duties to live together, support and cooperate |
| Item 3 | When one has been treated extremely unfairly by the spouse or the spouse's lineal ascendants | Assault, abuse or serious insults from the spouse or the spouse's parents |
| Item 4 | When one's own lineal ascendant has been treated extremely unfairly by the spouse | When your spouse verbally abused or assaulted your parents |
| Item 5 | When it has been unknown for 3 years or more whether the spouse is alive or dead | When it has not been possible to confirm whether the spouse is even alive for more than 3 years |
| Item 6 | When there is any other serious reason making it difficult to continue the marriage | Long separation, an irreparable breakdown due to incompatibility, gambling or wasteful spending, continual verbal abuse, and so on |
A divorce on the ground in Item 1 cannot be claimed once 6 months have passed since you learned of the infidelity, or 2 years since it occurred (Civil Act Article 841). The ground in Item 6 is also limited to 6 months from learning of it and 2 years from when it occurred (Civil Act Article 842), but if the ground is still continuing, these periods do not apply. Where it is disputed whether something like incompatibility falls under Item 6, we judge it after reviewing the specific circumstances in a consultation.
We listen to your story before reaching conclusions
Every family's circumstances are different, even in divorce. If you are still deciding whether to divorce at all, we start by sorting through that question with you. There is no need to rush your decision.
We look at how assets were built, not whose name they are in
In property division, what matters is not whose name an asset is in but how it was accumulated during the marriage and who contributed how much. If account transfers or property sales happen first, they become harder to challenge, so we start by tracing the flow of assets.
We gather evidence only by lawful means
Secretly installing a location-tracking app or recording conversations between other people can be punished under the Location Information Act and the Protection of Communications Secrets Act, and secretly recorded conversations cannot be used as evidence in court. Entering the other person's home or room can also be trespassing. We check the method before anything is collected.
Three months pass quickly
Between the funeral, reporting the death and checking assets, a month can go by in no time. Results from the Safe Inheritance One-Stop Service can take close to 20 days depending on the institution, so if you are considering renouncing the inheritance or limited acceptance, apply for it when you report the death and count backward from the deadline.
What happens at each stage, and how we respond.
If the spouses have agreed on the divorce and on matters concerning the children, they obtain the court's confirmation and report the divorce. The court does not confirm property matters, so you need a separate written agreement for those.
Along with the divorce itself, you decide property division, compensation for emotional distress, the person with parental authority and the custodial parent, child support and visitation. Since the court does not confirm property matters, keep a separate agreement that states amounts and payment dates, and even the address of any real estate and when ownership will be transferred. If money is to be paid later, one option is to have it made into a notarized deed (공정증서) that includes a clause consenting to compulsory execution.
· If the agreement does not say that all other assets and debts stay with whoever's name they are in, you may end up fighting again over the remaining assets after the divorce.
If this is your first time dealing with this, start here. Each guide explains what to do first.
JISAN LAW has 7 lawyers. The lawyers below handle these cases directly, and colleagues in other fields join when a case requires it.
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
2026.05.28Family
The right to claim division of property expires 2 years after the date of divorce, and this period cannot be interrupted or extended. This article looks at what an exclusion period means, the risk of claiming only part of the property, and the effect of a written waiver.
Miso Kim Partner2026.03.31Family
If there was never an intention to become spouses, you seek nullity of marriage; if you married because you were deceived or coerced, you seek annulment. This article compares the requirements and deadlines of the three paths and the consequences for children and records.
Miso Kim Partner2026.09.18Family
At the confirmation hearing for a divorce by agreement, the court checks only the intention to divorce and matters concerning the children. Unless division of property and consolation money are settled separately, they remain blank even after the divorce.
Miso Kim Partner2026.06.28Family
An agreement is valid only if all heirs take part, and once it takes effect it is hard to undo. This article looks at parts often overlooked in agreements, such as minor heirs, property discovered later and the deceased's debts.
Miso Kim Partner2026.05.03Family
Most adjudications for division of inherited property begin with a mediation hearing. This article explains what goes on in the mediation room and what to prepare.
Miso Kim Partner2026.07.01Family
There is no set table for consolation money in claims against an affair partner. This article covers the circumstances that come up again and again in the reasons for judgments, and why it is hard to apply the amount in someone else's judgment to your own case.
Miso Kim PartnerIncompatibility by itself is not automatically a ground for judicial divorce. But if it has broken the marriage down so badly that it is hard to repair, you can divorce on the ground of 'any other serious reason making it difficult to continue the marriage' under Civil Act Article 840, Item 6. If both of you agree, you can simply proceed with a divorce by agreement (협의이혼).
Yes. Property division (재산분할) is decided not by whose name the assets are in but by each spouse's contribution to building and keeping the assets during the marriage, and housework and childcare count as contributions. The division ratio differs case by case depending on the length of the marriage, how the assets were built and whether both spouses worked.
Child support (양육비) is set with reference to the Seoul Family Court's Child Support Guidelines, which reflect the parents' incomes and the children's ages and number, and in principle it is paid until the child becomes an adult. It may be increased for special circumstances such as the child's illness or education costs, and if circumstances change later, you can ask for an increase or decrease.
Yes. A claim for compensation against the affair partner is a right separate from divorce, so you can make it while staying married. In that case, you file a damages lawsuit in a civil court. However, because the harm to the marriage is assessed as smaller than when it ends in divorce, the amount awarded may be lower.
If you do not file an answer within 30 days of receiving the copy of the complaint, the court can treat you as having admitted the plaintiff's claims and rule without a hearing (Civil Procedure Act Articles 256 and 257). The full amount claimed may be awarded, so respond before the deadline. It is also wise not to contact the plaintiff or the plaintiff's spouse directly to explain yourself.
If the debts clearly exceed the assets and there is almost nothing to inherit, renunciation is simpler. If you do not know whether the assets or the debts are larger, or you are worried that renouncing will pass the debts to relatives further down the line, consider limited acceptance. With limited acceptance you only have to pay the debts up to the value of the inherited assets, but after it is accepted by the court you must carry out the liquidation process yourself, including public notice and distribution.
If you did not know, without gross negligence, that the debts exceeded the assets, you can make a limited acceptance within 3 months of learning that fact (Civil Act Article 1019(3)). The date you first received a complaint or a payment demand is often treated as that day, so keep the envelope and the date of receipt. In this case, only limited acceptance is available, not renunciation.
Not anymore. On April 25, 2024, the Constitutional Court ruled that the forced heirship provision for siblings was unconstitutional, and Civil Act Article 1112, Item 4 was deleted. Forced heirship shares are now recognized only for children and spouses (half of the statutory share) and parents (one third).
You can consult us at any of our 4 offices. Visit the one nearest to you.
Seoul Main Office
6F Jisan Bldg., 109 Seochodae-ro 46-gil, Seocho-gu, Seoul
View map →Incheon Office
Room 606, KR Law Tower, 6 Ieum 4-ro, Geomdan-gu, Incheon
View map →Hongseong Office · Songpa Office: address to be announced
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