When you receive a divorce complaint

Once you have opened the envelope, do these four things first, before your emotions settle.

• Write the date you received it on the envelope and on your calendar. The 30-day deadline for the answer is counted from that day.
• Keep all the documents that came with the complaint in one place. If an application for a pre-trial measure or a provisional attachment decision came with it, it must be responded to separately.
• In the relief sought, find and mark the amount of compensation, the property division demanded and the demands about the children (person with parental authority and custodial parent, child support, visitation).
• Underline the parts of your spouse's claims that are not true, and note beside them where the material to refute them can be found.

Things done in the heat of the moment are used as evidence in the lawsuit just as they are.

• Moving deposits or disposing of real estate (this can be suspected as hiding assets and be subject to revocation)
• Suddenly moving with the children or cutting off contact with your spouse
• Sending your spouse messages containing abuse or threats
• Posting about the lawsuit or your spouse on social media
• Secretly opening your spouse's phone or logging into their accounts

To dispute the plaintiff's claims, you must file an answer (답변서) within 30 days of being served with the copy of the complaint (Civil Procedure Act (민사소송법) Article 256; Family Litigation Act (가사소송법) Article 12). The rule on deemed admission does not apply to judicial divorce (재판상 이혼), so not filing an answer does not automatically mean the divorce is granted. Even so, if you miss the deadline, the court will see only the plaintiff's side first, and you may be at a disadvantage on the money claims.

If you have not gathered all the material yet, file an answer with your basic position first and supplement the rest with briefs.

In the answer, respond separately to the relief sought and to the grounds of the claim. Separate the facts in the plaintiff's claims that you admit, those you do not know, and those that are untrue, and attach supporting material as evidence for the untrue parts.

If the case is being handled through electronic litigation, you can check the other side's filings and hearing notices directly on the electronic litigation website, so check the case history often.

If you do not intend to divorce, you need to state specifically that there is no legal ground for divorce and that the plaintiff's claims are untrue. Efforts to repair the relationship, your daily life up to recently, and messages that contradict the claims help. If the plaintiff is mainly responsible for the breakdown, also argue that it is a claim by the spouse at fault (유책배우자).

If you agree to the divorce but disagree on compensation for emotional distress (위자료), property division (재산분할) or custody, separate, item by item, what you accept and what you dispute. If you should receive compensation or want to be the custodial parent, an answer alone is not enough; you must file a counterclaim (반소).

As for the children, the court decides the person with parental authority (친권자) and the custodial parent (양육자) on its own authority, but if you want to raise them, you should clearly state that wish and your parenting plan. Describe specifically who is caring for the children now, and where you will live and who will help after the divorce.

After you file the answer, a mediation session is usually scheduled. If you organize your list of assets and loans and the children's care situation beforehand, it is easier to judge which terms you can accept in mediation. If your spouse applied for a pre-trial measure (사전처분), a hearing on it may be scheduled first.

If custody is disputed, a family investigation (가사조사) may take place, so think about your parenting plan in advance. If you are worried about living expenses or child support being cut off during the lawsuit, apply for a pre-trial measure together with your answer or counterclaim, and if your spouse seems to be moving assets, consider a provisional attachment (가압류) at this point as well.

If mediation fails, the case goes through hearings to a judgment. The first instance usually takes about 6 months to a year, and longer if property or custody is heavily disputed.

At Jisan Law, the managing partner reads the complaint personally and decides with you what to admit, what to dispute, and whether a counterclaim is needed. We prepare the answer, the counterclaim and written opinions on pre-trial measures within the deadline.

Even if the compensation amount in the complaint is large, it is not automatically awarded, so don't panic and rush into a settlement.

If the deadline is close, take photos of the complaint and send them to us first through the chat on this page.