Even if your spouse will not agree to divorce, you can divorce if there are grounds under the Civil Act

Judicial Divorce Matters We Handle

1. Grounds for Judicial Divorce — The six grounds under Article 840 of the Civil ActThe grounds for divorce are: an act of unchastity, malicious desertion, extremely unjust treatment by the spouse or the spouse's lineal ascendants, extremely unjust treatment of one's own lineal ascendants, the spouse's whereabouts being unknown for 3 years or more, and any other serious reason making it difficult to continue the marriage. In practice, the last ground, breakdown of the marriage, is most often argued.Item 1: an act of unchastity (infidelity) by the spouse · Item 2: malicious desertion · Item 3: extremely unjust treatment by the spouse or the spouse's lineal ascendants · Item 5: the spouse's whereabouts unknown for 3 years or more · Item 6: other serious reasons making it difficult to continue the marriage (violence, long separation, damage to the family's financial base, etc.)
2. Filing Deadlines (Exclusion Periods) — For infidelity: 6 months from learning of it, 2 years from when it occurredA divorce claim based on infidelity cannot be made if there was prior consent or later forgiveness, or once 6 months have passed since you learned of it or 2 years since it occurred. A claim based on Item 6 also cannot be made once 6 months have passed since you learned of the ground or 2 years since it arose.Infidelity: 6 months from learning of it / 2 years from when it occurred (Article 841) · Item 6 grounds: 6 months from learning of them / 2 years from when they arose (Article 842) · No claim under Item 1 if there was prior consent or later forgiveness · Evidence is needed of when you learned of it and when it happened · If a ground has expired, check whether a claim on another ground is possible
3. Divorce Claims by the At-Fault Spouse — Rejected in principle, allowed by exceptionA divorce claim by the spouse mainly responsible for the breakdown of the marriage is in principle not accepted. However, it is allowed by exception where there are special circumstances in which that spouse's fault no longer weighs enough to bar the claim, such as where the other spouse also has no intention of continuing the marriage.Standard set by Supreme Court en banc Decision 2013Meu568 · The other spouse's intention and feelings about continuing the marriage · Length of separation, length of marriage, and the children's situation · How well the other spouse's life after divorce is secured · Whether there is a risk of the other spouse being forced out of the marriage
4. Joining Compensation for non-economic damages, Property Division, and Custody — These can be decided together in the divorce lawsuitTogether with the divorce, you can claim compensation for non-economic damages, property division, designation of the person with parental authority and custodial parent, child support, and visitation all at once. In a judicial divorce, the provisions on compensation for non-economic damages (Article 806), custody (Article 837), visitation (Article 837-2), and property division (Article 839-2) apply mutatis mutandis.Compensation for non-economic damages: depends on the degree of fault leading to divorce · Property division: property built up through both spouses' cooperation during the marriage · Parental authority: designated by the court on its own authority in a judicial divorce · Child support and visitation claimed together · Pre-trial dispositions to address custody and preserve assets during separation
5. Litigation Procedure — Mediation → filing the complaint → trial → finality → reportAfter mediation, once a lawsuit is filed with the family court, the case goes through hearings, a family investigation, and other steps, and ends with a judgment or mediation. Once the judgment becomes final, the divorce must be reported within 1 month from the date it became final.Application for mediation (mandatory prior mediation) · Filing the complaint and service on the other spouse · Family investigation, couples counseling, etc. · Briefs and evidence submitted by both sides · Report within 1 month after the judgment becomes final

1. Grounds for Judicial Divorce

Either spouse may file a divorce claim with the family court if any of the following grounds exists (Article 840 of the Civil Act).

Item 6 covers cases where the shared married life, which by the nature of marriage should rest on mutual affection and trust, has broken down beyond repair, and forcing the marriage to continue would cause one spouse unbearable suffering. The court considers the intention to continue the marriage, responsibility for the breakdown, the length of the marriage, whether there are children, the parties' ages, how life after divorce would be secured, and other factors as a whole.

2. Exclusion Periods and the At-Fault Spouse

A divorce claim based on infidelity cannot be made where the other spouse consented in advance or forgave it afterwards, or once 6 months have passed since learning of it or 2 years since it occurred (Article 841 of the Civil Act). A claim on Item 6 grounds cannot be made once 6 months have passed since learning of the ground or 2 years since it arose (Article 842 of the Civil Act). So if a long time has passed since you learned of the affair, you should consider in advance whether to file on the Item 6 ground of marital breakdown instead of Item 1, and whether that exclusion period has also run.

Where the at-fault spouse who is mainly responsible for the breakdown files for divorce, the Supreme Court in principle does not allow it. However, it allows the claim by exception where there are special circumstances in which the fault no longer weighs enough to bar the claim, such as where the other spouse also has no intention of continuing the marriage so there is no concern about forcing them out, where the other spouse and children have been protected and cared for to an extent that offsets the fault, or where so much time has passed that weighing the relative fault of each spouse has become meaningless. The court considers the degree of fault, the other spouse's intention and feelings about continuing the marriage, the parties' ages, the length of the marriage, the length of separation, the children's upbringing and education, how well the other spouse's life after divorce is secured, and other factors as a whole (Supreme Court en banc Decision 2013Meu568, decided September 15, 2015).

3. Divorce Litigation Procedure

Unlike ordinary civil lawsuits, the rules on acceptance of the claim and admissions do not apply to Class Ga and Class Na family litigation cases (proviso to Article 12 of the Family Litigation Act). So even if the other spouse agrees to the divorce claim, a divorce judgment is not issued automatically; the court examines whether there are grounds for divorce.

Several claims may be brought in a single lawsuit where they are based on the same facts or where the merits of one claim are a premise for another, and joined claims are decided in a single judgment (Article 14 of the Family Litigation Act).

4. Claims for Compensation for non-economic damages, Property Division, and Custody

For a judicial divorce, Article 806 (on termination of engagement) applies mutatis mutandis to liability for damages, Article 837 to custody, Article 837-2 to visitation, Article 839-2 to property division, and Article 839-3 to revocation of fraudulent acts to preserve the right to property division (Article 843 of the Civil Act).

• Compensation for non-economic damages: Compensation for emotional suffering caused by the wrongful conduct that led to divorce. The short limitation period for a claim for compensation for non-economic damages based on divorce expires 3 years after the marriage is dissolved (Supreme Court Decision 2025Meu10716, decided January 29, 2026; Article 766(1) of the Civil Act).
• Property division: The amount and method of division are set taking into account the amount of property built up through the cooperation of both spouses and other circumstances, and the right to claim expires 2 years after the date of divorce (Article 839-2 of the Civil Act).
• Parental authority and custody: In a judicial divorce, the family court decides the person with parental authority on its own authority (Article 909(5) of the Civil Act).

Where one spouse, without justifiable reason and without the other spouse's consent, unilaterally disposes of a major part of the property built up jointly during the marriage and thereby endangers the family's financial base, this can also be an Item 6 ground for divorce (Supreme Court Decision 2025Meu10730, decided September 4, 2025).

5. Practical Issues and Preparation

• Securing evidence: Evidence of the grounds for divorce (conversations, medical certificates, photos, financial records) must be collected lawfully. The Protection of Communications Secrets Act prohibits recording private conversations between other people (Articles 3(1) and 14).
• Length of separation: Separation is an important factor in recognizing a breakdown of the marriage, but it does not by itself mean that a divorce claim by the at-fault spouse will be granted.
• Domestic violence: If there is domestic violence, you can ask the court for temporary measures in a domestic protection case (removal from the home, a ban on coming within 100 meters, a ban on contact by telecommunications, etc.) (Article 29 of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence (the “Domestic Violence Punishment Act”, 가정폭력처벌법)).
• Risk of hidden assets: A disposal of property rights made knowing that it would harm the exercise of the right to property division can be revoked as a fraudulent act (Article 839-3 of the Civil Act).
• Children: If you have children, claim custody, child support, and visitation together, and use pre-trial dispositions to settle the custody situation during separation.

Key Court Decisions

Supreme Court en banc Decision 2013Meu568, decided September 15, 2015

A divorce claim by the at-fault spouse is in principle not allowed, but may be allowed by exception where, considering the other spouse's intention to continue the marriage, the length of separation, the children's situation, and other factors, there are special circumstances in which the fault no longer weighs enough to bar the claim.

Supreme Court Decision 2025Meu10730, decided September 4, 2025

Unilaterally disposing of a major part of the property built up jointly during the marriage without justifiable reason and without consulting or obtaining the consent of the other spouse, thereby endangering the family's financial base, can be a ground for divorce under Article 840(6) of the Civil Act where affection and trust have been damaged beyond repair.

Frequently Asked Questions

Divorce & Adultery Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026