How much and how long is it to get a divorce in Korea?

2021-09-21T15:19:20-04:00

I am not one to put my business out in the open, but….. I recently me and my family (civilian spouse and child) to Daegu. Unfortunately, my husband is trying to make it difficult for me by NOT doing anything, (i.e. not helping in the house, not attending our child, not contributing). He only uses his payment to go out or come home and drink, which is putting an extreme toll on the marriage. Also, we live like anti-social room mates.

My question, how much and how long is it to get a divorce here in Korea? He doesn’t want to get a divorce because that will interfere with his benefits as a spouse. Serious responses only.

*In the past, tried marriage counseling, family advocacy, chaplain, individual counseling and nothing has worked or changed his behavior.

Are there any recommended lawyers?

Response by SFC Private RallyPoint Member made Sep 21 at 2021 3:23 PM

2021-09-21T15:23:03-04:00

For most states you will have to apply for your divorce through the state you got married in, or since you have children, the last state you resided in with your kids.

Response by Patricia Overmeyer made Sep 21 at 2021 4:01 PM

2021-09-21T16:01:57-04:00

Family law attorney here. If you are seriously looking to get a divorce and you and your spouse are currently in South Korea, you may be able to obtain a divorce through the South Korean courts. However, Korean courts do not recognize no-fault divorces so you have to prove to the court that the other person has committed adultery, deserted the family, has seriously maltreated the family (including any lineal family member who mistreated one spouse) or the whereabouts of the other spouse have been unknown for three years. So unless your spouse is willing to agree to a divorce and to settlement of the issues then you will have to prove one of the reasons above for the divorce.

You need to first talk to a family law attorney in South Korea to determine if you want to go that route. If you decide that is not how you wish to proceed, then you need to talk with an attorney in the state where you are domiciled (home state of record is considered your domicile state) to determine if you can go forward with a divorce in your domiciled state. Please be aware that if you do go forward with a divorce in your domicile state that you will have to follow the Hague Convention rules regarding service of process in South Korea. You may want to check out the American Bar Association's Military Pro Bono Project as they may be able to hook you up with an attorney.
https://www.militaryprobono.org/

Also, you can talk with JAG officers (although I do not recommend their advice on most issues of family law since they don't practice in this area of law) about how to connect with an attorney in your domicile state.

Military Pro Bono Project

Military attorneys may refer cases for pro bono assistance, use Operation Stand-By for guidance, and find further legal information and resources.

Response by CSM Darieus ZaGara made Sep 21 at 2021 4:57 PM

2021-09-21T16:57:53-04:00

I am pretty sure the divorce has to be sone through the states at your HOR. Contact legal they can get you straight.

Response by LTC John Shaw made Sep 21 at 2021 5:04 PM

2021-09-21T17:04:15-04:00

You need to take this issue to your JAG. Revoke any power of attorney you have and stop your direct deposit into accounts he controls or is a joint owner. So much more but it needs to be discussed, get to your unit's JAG representative and work with them to build a list of actions to take.

The divorce is not an easy process but you can file for separation depending on your state laws.
Again your unit JAG is the best place to go next.

Response by SSG Gary R Peek made Sep 21 at 2021 5:36 PM

2021-09-21T17:36:40-04:00

Response by SSG Gary R Peek made Sep 21 at 2021 5:59 PM

2021-09-21T17:59:01-04:00

Response by Maj Maria Avellaneda made Sep 22 at 2021 3:21 AM

2021-09-22T03:21:07-04:00

The legal office on post should be able to provide you general guidance about all issues to include divorce, separation, dependents regulations, obligations and benefits!

Response by SSG Edward Tilton made Sep 22 at 2021 12:30 PM

2021-09-22T12:30:30-04:00

Try JAG

Response by SFC Private RallyPoint Member made Sep 22 at 2021 4:54 PM

2021-09-22T16:54:43-04:00

Go talk to JAG. They can't represent you in family court but they can give you resources. For example, when I first thought about divorcing my ex husband and was at Riley, the JAG there actually had a class for people to go to where they would give out all the resources needed to file divorce. (I didn't file at that time - it was about six months or so later and we were in Nebraska by then).

I'd definitely start there to see if they know of resources there or if you need to file some other way, probably home of record? I'm not sure.

I really hope you can get some answers and things are easy for you.

Response by LT Brad McInnis made Sep 22 at 2021 5:01 PM

2021-09-22T17:01:58-04:00

First, sorry you are going through this. It is tough, but you will get through it.
Second, when I was going through a divorce MIL-MIL, which was fairly amicable, we went tot he JAG office and they had a full package and check sheet we needed to follow.
Third, when you talk to them find out what you need to do to protect your pay. There are probably much different rules for someone that is overseas with you and essentially a dependent.