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There are two main ways to divorce: divorce by agreement and divorce by trial. If the couple agrees on divorce, they can obtain a divorce by agreement, and if no agreement is reached, they can obtain a judicial divorce through a court trial at the request of one of the parties.
A couple may divorce by agreement (Article 834 of the Civil Act).
If the couple agrees on their intention to divorce, they file a divorce application with the court, receive confirmation from the court after a certain period of time, and report the divorce to the administrative office. The divorce becomes effective, which is called divorce by agreement.
When applying for confirmation of intention to divorce by agreement, the following documents must be attached.
A couple who has submitted an application for confirmation of intention to divorce by mutual consent to the court can receive confirmation of intention to divorce after a period of ① 3 months if there are minor children (including pregnant children), ② 1 month if not, from the date of receipt of the divorce notice from the Family Court.
However, if there are urgent circumstances requiring divorce, such as domestic violence or other reasons where unbearable pain is expected for one of the parties, this period may be shortened or exempted.
After the divorce consideration period has passed, the couple will appear together at the family court on the date for confirmation of intention to divorce by agreement, make a statement, and confirm whether there is an intention to divorce and whether there are minor children between the couple. If there are minor children, the couple will receive confirmation of the agreement on custody of the child and determination of parental authority, or the original copy of the judgment and confirmation certificate from the family court.
On the date of confirmation of intention to divorce by agreement, the couple must attend together and bring their identification (resident registration card, driver's license, passport, etc.) and stamp. Even if one of the couple fails to appear, they can attend the second confirmation date to confirm their intention to divorce. However, if you do not appear on the second confirmation date, it is deemed that you do not intend to divorce, and the divorce by agreement procedure must be started again from the beginning.
When the family court confirms the intention of both spouses to divorce, it prepares a confirmation, and when it confirms the agreement on raising minor children and determining parental authority, it also prepares a child support burden report.
Divorce becomes effective only if one of the couple attaches a copy of the certificate of intent to divorce to the divorce report and reports it to the city hall, district office, town office, or myeon office with jurisdiction over the place of registration or address within three months from the date of receiving or receiving a copy of the certificate of intent to divorce by agreement from the family court.
However, once this three-month period has elapsed, the family court's confirmation will be considered as if the intention to divorce has been withdrawn, and if a party who does not wish to divorce submits a report of withdrawal of intention to divorce within the three months available for reporting, the divorce cannot be reported.