• Spousal mutual agreement on divorce
• Application to confirm mutual agreement to divorce intentions at the family court
• Waiting period elapses
• Confirmation of divorce intentions by the family court
• Divorce registration

Consensual divorce refers to spouses agreeing to divorce. In consensual divorce, spouses reach an agreement on divorce and matters concerning parental rights, custody, etc., and apply for consensual divorce. After the waiting period, they receive confirmation of divorce intentions from the court and proceed with divorce registration within 3 months.

The waiting period for divorce is 3 months (1 month if there are no minor children to be cared for), but in urgent cases where severe suffering is expected due to violence, etc., divorce can be expedited or exempted from the waiting period. For consensual divorce, agreements on not only divorce but also compensation, property division, parental rights, custody, child support, and custody negotiation rights must be reached.

• Application for mediation
• Notification of mediation hearing date
• Attendance at mediation hearing
• Mediation agreement
• Divorce registration

• Application for mediation
• Notification of mediation hearing date
• Attendance at mediation hearing
• Mediation agreement not reached
• Litigated divorce procedure

If there is a possibility of agreement between the parties or if they prefer to avoid intense conflict and wish to divorce through persuasion and dialogue, they can proceed with divorce through mediation.

Before entering the divorce process, it is necessary to consult with a specialized attorney about causes of marriage breakdown and other relevant matters to choose a suitable divorce procedure. "Theo Law Firm" provides optimal legal services tailored to the client's situation with partner attorneys who have extensive experience.

• ubmission of jurisdictional court petition
• Family investigation
• Referral to mediation committee
• Trial date
• Judgment
• Divorce registration

Consensual divorce refers to spouses agreeing to divorce. In consensual divorce, spouses reach an agreement on divorce and matters concerning parental rights, custody, etc., and apply for consensual divorce. After the waiting period, they receive confirmation of divorce intentions from the court and proceed with divorce registration within 3 months.

The waiting period for divorce is 3 months (1 month if there are no minor children to be cared for), but in urgent cases where severe suffering is expected due to violence, etc., divorce can be expedited or exempted from the waiting period. For consensual divorce, agreements on not only divorce but also compensation, property division, parental rights, custody, child support, and custody negotiation rights must be reached.

※ Civil Code Article 840 (Grounds for Litigated Divorce)

One spouse may file for divorce in family court if there are reasons such as the following

• When the spouse has committed wrongful conduct
• When the spouse has maliciously deserted the other spouse
• When the spouse or their direct lineal descendants have received severely unfair treatment
• When one's direct lineal descendants have received severely unfair treatment from the spouse
• When the whereabouts of the spouse have been unclear for more than 3 years
• When there are other significant reasons making it difficult to continue the marriage

Agreement on divorce is reached, but if agreements on property division, compensation, etc., are not reached, one can choose whether to file a lawsuit along with the divorce or separately file lawsuits for compensation and property division after consensual divorce. Claims for property division must be filed within 2 years of the divorce, and claims for compensation must be filed within 3 years of the divorce.

If there are legal obstacles occurring during the formation process of marriage despite marriage taking place, annulment or cancellation lawsuits, rather than divorce, can be filed. Once an annulment decision is finalized, the marriage is deemed non-existent from the beginning, and once a cancellation decision is finalized, the effects of cancellation occur from the date of finalization onward.

※ Grounds for nullification of marriage

• Where there is no agreement between the parties on the marriage
• In the case of marriage between blood family (including relatives) within eight villages (including relatives) within 8chon)
• If there was a direct relative relationship between the parties
• Where there was a direct blood relative of the adoptive parent's descent between the parties

※Reasons for cancellation of marriage

• Where the marriage age (age 18) has not been reached
• Where a minor or adult guardian marries without the consent of a parent or adult guardian
• In a case where the spouse of the relative within the sixth cousin, the relative within the sixth cousin of the spouse, the spouse of the relative within the fourth cousin of the spouse, or married to a person who was such a relative
• In the case of marrying a person who was a relative of the stepmother within the sixth cousin and a person who was a relative of the stepmother within the fourth cousin
• In case of heavy
• Where one of the parties at the time of marriage does not know that there is a malicious nature or other serious reason for not being able to continue their marital life
• When a person expresses his/her intention to marry due to fraud or compulsion

Dissolution of de facto marriage can be achieved by notifying the other party of one's intention to separate without requiring procedures such as divorce registration. De facto marriage, unlike legal marriage that has been registered, does not require divorce procedures since it involves actual cohabitation without marriage registration. Dissolution of de facto marriage can be achieved through mutual agreement to separate or by notifying the other party of one's intention to separate.

• Lawsuits for correction of family relations register to confirm existence or non-existence of biological children
• Lawsuits for acknowledgment of paternity of child born outside marriage
• Disputes related to past claims for child support
• Protective lawsuits such as attachment