Family Law Center · Guides by situation
When you don't know where to start
Start with the guide closest to your situation. Each one explains, in order, what to do first and what to avoid.
Divorce
- What to sort out first once you've decided to divorceThere are things to do before you bring up divorce. If you first organize the assets, the evidence and your children's daily lives, you will have more room to choose between agreement and a lawsuit.
- When you receive a divorce complaintYour answer is due within 30 days of the day you received the copy of the complaint. Whether or not you want a divorce, you need to decide your position on each claim within that time.
- When you think your spouse is hiding assetsIf money has been drained from deposits or your home has been listed for sale since divorce came up, you need to move quickly. Even with a judgment, if no assets remain in your spouse's name, your options for collecting narrow.
- When your ex won't pay the child support set at the divorceWhile you wait, the overdue child support just keeps growing. If you have the underlying documents, there are several procedures to collect it without a new lawsuit.
- When your spouse's verbal abuse or violence continuesBefore any divorce procedure, take care of your own safety and your children's. For divorces involving domestic violence, the law provides special protection procedures.
- If you can't attend the confirmation hearing for divorce by agreementMissing a confirmation hearing once does not end a divorce by agreement. But if you miss both, the application is treated as withdrawn, so first check what stage you are at.
- If you've received notice of a family investigationA family investigation is not about grilling you on who was at fault; it is a procedure in which the court checks what the family is really like, which is hard to tell from documents. What you say there goes into a report that the court refers to when deciding.
- What to know before a divorce mediation sessionA mediation room is closer to a meeting room than a courtroom. Even so, a record you sign there has the same force as a judgment, so decide in advance what you will accept before you go in.
- When your ex won't let you see your child (visitation)If every scheduled day brings the reply that the child is sick or busy, it may be refusal rather than circumstance. Even if you are angry, following the steps set by law is the faster way back to seeing your child.
- Is a home bought before marriage, or money from parents, also divided?Even if an asset is in your name and was acquired before the marriage, it is not always protected as is; conversely, even if an asset is in your spouse's name, you may be recognized as having a share. The test is how the asset was maintained and grew during the marriage.
- Breaking up after living together without a marriage reportEven if you never filed a marriage report, if you lived as a married couple, you can claim property division and compensation for emotional distress when you separate. First you need to show it was a de facto marriage, not simply living together.
- Is it okay to move out before the divorce?Moving out first does not by itself put you at a disadvantage in a divorce. What matters is why you left and how you handled the children and living expenses after leaving.
- When your foreign spouse leaves home and cuts off contactWhen a spouse who came to Korea on a marriage migrant visa suddenly disappears, it is upsetting, and with the marriage still registered, both remarrying and putting your life in order are blocked. You can divorce even if you cannot reach your spouse, so start by steadily keeping the records you will need later.
- When the spouse who had an affair files for divorceIf the spouse at fault sends you a divorce complaint first, the sense of injustice comes first. The court in principle does not accept a divorce claim from the spouse who broke up the marriage, so before reacting emotionally, decide what outcome you want.
- Can a homemaker receive property division?Even if you never earned a salary, you can receive a share of the assets built together during the marriage. The same is true even if everything is in your spouse's name, so to avoid shrinking your share, start by gathering material that shows your contribution.
- When your spouse cuts off living expenses during separationIf living expenses stopped once you started living apart, you can claim them through the court even before divorce. But past living expenses are calculated from when you asked for them, so make a record of your request today.
- If you divorced without property divisionEven if you rushed through a divorce by agreement without discussing property, it may not be too late. The right disappears 2 years after the date of divorce, so first check when it expires.
- When child support needs to go up or downA few years after child support is set, the children have grown and the parents' circumstances have changed. Child support can be reset when circumstances change, but it does not change by one parent deciding alone and giving notice.
- Moving abroad with your child after divorceIf you plan to live abroad with your child for study, a new job or remarriage, first sort out the other parent's rights. Leaving without consent can trigger international proceedings to have the child returned.
- What to take care of after the divorce is finalReceiving the judgment does not mean everything is over. Tasks with deadlines remain, such as reporting, registration, your children's documents and pension claims, so sort them out in one go.
Infidelity & Affair Lawsuits
- When you find out your spouse is having an affairWhat you do in the first few days after confirming an affair can change the outcome of a later lawsuit. Here, in order, is what to do first and what not to do.
- When you receive an affair complaintThe deadline for your answer starts running from the day the complaint is served on you. Here, in order, is what to check and prepare during the first 30 days.
- When you want to claim compensation from the affair partnerOnce you've decided to make a claim, there are things to take care of before the complaint. Here, in order, are the time limit, evidence, the other person's details and how you will actually collect.
- When you didn't know they were marriedIf the other person hid that they were married, you may not be held liable for compensation. But simply saying you didn't know is not enough. Here is what you can use to show it.
- When you're asked to sign a settlement agreementOnce signed, a settlement agreement is hard to change. If you're being pressed to sign, here is what to look at, clause by clause.
- Motel CCTV: How to secure it before it's erasedIf you ask a business to show you its CCTV, most will refuse, citing personal data. The procedure for this situation is court evidence preservation. Here is when to apply and what to prepare.
- When you don't know the affair partner's name or addressIn many cases, you can start a lawsuit knowing just one number you saw on your spouse's phone. Here is the order in which the other person is identified through the court.
- How much compensation is awarded in affair cases?This is the first question asked in most consultations. There is no fixed table, but we can look at what the court considers when setting the amount and which circumstances push it up or down.
- When you receive a certified letter or settlement demand over an affairOften a demand for settlement money arrives by certified letter or text before any complaint. Here is what to check before replying and what not to do.
- Claiming reimbursement after paying the compensationInfidelity is something two people do together, so if you paid all the compensation yourself, you can ask the other person to return their share. Here is when you can claim and when you can't.
- When they won't pay the compensation after judgmentEven after winning, if the other side doesn't send the money of their own accord, you need to find a way to collect. Here, in order, are the procedures used after judgment.
- When you've already told the affair partner's family or companyIf, in anger, you told the affair partner's company or family about the affair, from now on you need to stop it from spreading further and prepare for a possible criminal complaint. Your right to claim compensation from the affair partner remains intact.
- When the affair partner threatens you or comes to your homeAfter an affair is discovered, the affair partner sometimes won't let your spouse go, or even contacts you and turns up in person. Rather than confronting them alone, it is safer to keep records and use the protective measures set by law.
- If you've already secretly recorded or tracked your spouseIf you have already used a recorder or location tracker to confirm an affair, check your risk of punishment before asking whether you can submit the material as evidence. In 2026, the Supreme Court held that conversations secretly recorded by a third party cannot be used as evidence in an affair lawsuit.
- When disciplinary proceedings start over a workplace affairIf the affair partner works at the same company and you've been notified of an HR investigation or a disciplinary committee hearing, you need to deal with the workplace issue separately from the affair lawsuit. Private life alone is rarely a legitimate ground for discipline, but things change if it became entangled with work.
- When you decide to reconcile with your spouse during the lawsuitSometimes, partway through an affair lawsuit, people decide to give their marriage another try. Whether you continue the lawsuit and on what terms you end it changes the compensation, the reimbursement issue and the tools available if it happens again.
- Is an infidelity pledge from your spouse legally binding?After an affair comes out, many people get their spouse to sign a written pledge (각서) saying "I'll never see them again" or "If I do it again, I'll hand over all my property." A pledge is very useful as evidence admitting the affair, but it cannot make every promise written in it binding as it stands.
- When the affair partner is pregnant or has had a childThe news that your spouse's affair partner is pregnant goes beyond compensation; it involves the child's legal status, child support and even inheritance. Separate what has been confirmed now from the legal relationships that may arise in the future.
- When the two keep meeting after a settlement or judgmentWhen you've received compensation and closed the matter, only to see signs that your spouse and the affair partner are in touch again, it is deeply disheartening. Depending on what the settlement agreement says and what has newly happened, there may be a way to claim again.
- When it's been nearly 3 years since you found out about the affairA compensation claim against the affair partner has a time limit. But when the 3 years start running depends on whether you divorced and whether the relationship continued, so line up the dates before concluding the deadline has passed.
Inheritance
- When a Parent Has Died and You Do Not Know Whether There Are DebtsIf the debts may be larger than the assets, you must decide within 3 months from the day you learned that the inheritance began. Start by searching for assets, and above all, do not touch the deceased's property in the meantime.
- When You Receive a Demand for the Deceased's Debts After the 3 Months Have PassedMissing the renunciation deadline does not mean you have to give up. If you did not know, without gross negligence, that the debts exceeded the assets, you can take special limited acceptance within 3 months from the day you learned that fact.
- When You and Your Siblings Cannot Settle the Division of the EstateThere is no deadline for dividing an estate, but the longer you wait, the more heirs there are and the deeper the rift. The starting point, before anyone stamps anything, is to calculate what each person would actually receive.
- When the Estate Went to Just One PersonIf your parent concentrated their property on one sibling through lifetime gifts or a will, you can claim your forced heirship share. You cannot claim once 1 year has passed from the day you learned of the gift or bequest, so check the dates first.
- When You Receive an Inheritance-Related Complaint or PetitionEven within 'inheritance lawsuits', a creditor's debt claim, a forced heirship share lawsuit and an adjudication on division of the estate each have different deadlines and responses. First check exactly what document you have received.
- Can You Withdraw Money From a Parent's Account After Their Death?Knowing the PIN does not mean you can freely withdraw the deceased's deposits. If you are considering renunciation, there is a risk of simple acceptance, and if you have siblings, it can escalate into a dispute or even a criminal matter.
- When You Find a Handwritten Will at HomeA handwritten will must be kept exactly as it is, in its original form, and submitted to the family court with a request for a court inspection. If it is sealed in an envelope, the family must not open it.
- When a Sibling Cannot Be Reached or an Heir Is a MinorAn agreement on division of the estate requires all the heirs. If a sibling's whereabouts are unknown or an heir is a minor child, the court must first appoint someone to take part on their behalf.
- When a Family Member Who Never Kept in Touch Demands an InheritanceIf a parent who abandoned their child, or a spouse or child who turned away during a long illness, becomes an heir, you can ask for a declaration of loss of inheritance rights. Since the March 2026 amendment, this applies to all heirs.
- When Large Sums Left a Parent's Account Before Their DeathIf a sibling who managed your parent's account withdrew large sums before the death, how to resolve it depends on whether the money was taken with your parent's consent and what it was used for.
- What to Do After Your Limited Acceptance Is AcceptedLimited acceptance does not end with receiving the written decision. You protect your own property only by following the steps in order: public notice, notice to creditors and proportional payment.
- When a Sibling Claims a Contribution Share for Caring for Your ParentsWhen a sibling who lived with and cared for your parents says they should receive more, calmly start by examining what actually counts as a contribution share. Having lived together does not by itself increase a share.
- When a Remarried Parent DiesWhen a stepmother or stepfather and half-siblings become heirs together, it is easy to get confused about who the heirs are and who can inherit from whom. Marriage registration and adoption are what decide the rights.
- When You Suspect a Will Has Been ForgedIf the handwriting is not your parent's, or your parent was in no condition to write on the date shown, you need to respond in order, from the court inspection to a lawsuit to invalidate the will and a criminal complaint. A court inspection does not make a will valid.
- When You First See a Division Agreement Bearing Your SealIf registration was transferred or deposits were withdrawn using an agreement on division of the estate that you never agreed to, that agreement was not made by all the heirs, so its validity can be challenged. Secure the documents before the evidence scatters.
- When a Sibling Is Managing the Assets of a Parent With DementiaWhile your parent is alive, the other children do not own that property, so it is hard to demand its return directly. The legal tool for protecting a parent's property is guardianship through the family court, and the records you keep now will carry through to any inheritance dispute later.
- When Your Parents Want to Give One Child a House in AdvanceParents can make lifetime gifts as they wish, but after their death those gifts come back into the calculation of the other children's forced heirship shares and inheritance shares. Putting things in order before the gift can greatly reduce disputes later.
- When You Live Abroad and Need to Settle an Inheritance in KoreaIf your parent died in Korea while you live abroad, the deadlines run by Korean rules while the documents have to be prepared abroad. Once you decide which documents to have authenticated and where, most of the process can be handled without coming to Korea.
- When You Find Land Still in the Name of a Grandparent Who Died Long AgoEven land in the name of a grandfather who died decades ago can be registered by inheritance now. However, several inheritances will have piled up in the meantime and older versions of the Civil Act apply, so even identifying the heirs and their shares is not easy.
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