From divorce by agreement to a divorce lawsuit:
the three paths to divorce

First decide which path to take

When a divorce consultation begins at DAEON Law Firm, the first questions we ask are whether the other spouse is willing to divorce and whether you can also agree on the terms. If you agree both on separating and on property and children, divorce by agreement is enough. If you agree to separate but disagree on money or children, you can try to narrow the gap through court mediation. If the other spouse refuses to divorce to the end, the remaining route is a judgment.

Steps in a divorce by agreement

1. Application for confirmation and divorce guidanceWhen both spouses together apply to the family court for confirmation of their intention to divorce, the court provides guidance on divorce. If it considers it necessary, the court may also recommend counseling by a professional counselor (Article 836-2(1) of the Civil Act).
2. Cooling-off periodThe period is counted from the date of the court's guidance. If there is a minor child to be raised or the wife is pregnant, three months must pass before the confirmation hearing; in other cases, one month. If you show that you need to separate as soon as possible because of domestic violence or similar circumstances, the court may shorten or waive this period.
3. Submitting documents about childrenIf there are children to be raised, submit an agreement on child care arrangements and the person with parental authority, or attach an authenticated copy of a family court ruling deciding these matters (paragraph 4 of the same Article). The court confirms the child support the spouses agreed on in a child support protocol (yangyukbi budam joseo), which is enforceable in the same way as a court ruling (paragraph 5 of the same Article; Article 41 of the Family Litigation Act).
4. Receiving the confirmation and reportingWhen the court confirms both spouses' intention to divorce at the confirmation hearing, a confirmation is issued. The divorce must be reported to the city, district, eup or myeon office within three months of receiving the certified copy, and if this deadline passes, the confirmation loses effect (Article 75(2) and (3) of the Act on Registration of Family Relations).

In the divorce-by-agreement procedure, the court confirms only the intention to divorce and matters concerning children; property division (officially “division of property”) and alimony are not included in the documents. To protect yourself in case the other spouse changes his or her position after the divorce, it is advisable to record promises about property in a mediation record or a notarial deed. The deadline for a property division claim is two years from the date of divorce (Article 839-2(3) of the Civil Act).

Divorce through court mediation

The Family Litigation Act classifies judicial divorce as a Class B case, divorce alimony as Class C, and property division, child custody and designation of the person with parental authority as Class E cases, and requires these cases to go through mediation before a judgment or ruling. Even if you file a complaint from the outset, the court will in principle schedule a mediation session first (Article 50 of the Family Litigation Act). Divorce, alimony, property division and child care can all be put on the table at mediation and resolved at once (Article 57(1)), and once the agreement is entered in the record, it has the same effect as a judicial settlement. The mediation procedure is explained separately in our guide to family mediation.

When divorce must be obtained by judgment

If the other spouse refuses to divorce to the end, the court examines whether one of the six grounds set out in Article 840 of the Civil Act is established: the spouse's infidelity; desertion without good reason; abuse or insults from the spouse's side; the spouse's abuse of one's own parents; the spouse's being unaccounted for, alive or dead, for more than three years; and other serious reasons making it difficult to continue the marriage. In actual lawsuits, the dispute is mainly over whether the last ground is established. Infidelity and the last ground have set filing periods, so please check Deadlines for Claims first.

• Which court to file in · If both spouses live within the jurisdiction of the same family court, that court. Otherwise, the court with jurisdiction over the place where they last lived together, provided one spouse still lives in that area. If neither applies, file in the court of the other spouse's address (Article 22 of the Family Litigation Act).
• What to claim together · Usually the divorce is not sought alone; alimony, property division, designation of the person with parental authority and the custodial parent, child support and visitation are all brought into one case for decision.
• While the trial is pending · When the other spouse is about to dispose of property or child issues are urgent, consider whether to also apply for pre-trial dispositions, provisional attachments and provisional injunctions.

What to take care of after the divorce

In a divorce by judgment, the party who filed the suit must report the divorce within one month of finality, attaching a certified copy of the judgment and a certificate of finality (Articles 78 and 58 of the Act on Registration of Family Relations). After that, the deadline for claiming division of public pensions such as the National Pension and the issue of receiving child support on time remain. You can find these in our guide to pension division and guide to enforcing child support.

Frequently Asked Questions

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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