Can someone clue me in on divorce in Korea? If one files for divorce, why is it that the other spouse must consent?…
You are probably talking about this one?
3. Divorce by Trial (소송이혼) If either of the parties does not want to divorce OR if they both want to, but fail to reach an agreement regarding the terms of divorce; OR, if one party is missing, you can file a divorce complaint against your spouse in order to seek divorce by trial.
If you want to divorce by trial as a foreigner in Korea, you will almost certainly need to hire an attorney, given the difficulty in: 1) drafting a divorce complaint in Korean; 2) preparing necessary documents; and 3) representing yourself in a family court when seeking the best terms and conditions against your spouse — who will probably also hire a lawyer.
As previously mentioned, after filing a divorce lawsuit, you (or your lawyer) must attend the mediation hearing unless there are special circumstances. If the parties fail to agree with the terms & conditions as presented by the mediator during the process, you will probably be subject to several family investigations to verify the financial contribution of each spouse, which will decide the ratio of property division and examine who is more suitable to receive parental rights and/or custody holder (if you have a child or children).
This entire process can take time, upwards of 6 months before having the initial trial hearing. Thus, if mediation fails, the court will assign hearings, start listening to arguments by both parties, examine evidence submitted by each party, and then finally close the hearings. The court will announce its decision on a sentencing day held 3 to 4 weeks after the final hearing. If either party disagrees with the court’s decision, they can file an appeal within 14 days from the date of the decision.
The attorney you hire only represents you in a family court during the 1st stage, so you may rehire them or change attorneys depending on the result. This is one of many reasons you need to be careful when hiring a divorce lawyer in South Korea (or Seoul).
This entire process can take an average of from 6 to 12 months if the case is completed within its first stage.
Legal Grounds for divorce by trial : An unchaste act (adultery); Malicious desertion; Extreme maltreatment by the other spouse or by his/her lineal ascendants; Extreme maltreatment of one spouse's lineal ascendant by the other spouse; When the death or life of the spouse has been unknown for three years; or Any other serious reason for which it is difficult to continue the marriage.
Can someone clue me in on divorce in Korea? If one files for divorce, why is it that the other spouse must consent?…
1. Uncontested Divorce (협의이혼)
An uncontested divorce, or mutual consent divorce, is when both parties agree on the terms of the divorce, including matters such as child custody, division of assets, and alimony. The process for an uncontested divorce in the Republic of Korea (ROK) is relatively straightforward and tends to be quicker than a contested
divorce.
Process and Duration
Filing a Petition: Both parties must submit a divorce petition to the Family Court. This includes a written agreement on the terms of the divorce. Cooling-Off Period: If there are minor children involved, the court imposes a mandatory cooling-off period of three months. For couples without children, this period is reduced to one month. This period is designed to give the parties time to reconsider their decision and explore reconciliation. Court Hearing: After the cooling-off period, the couple attends a court hearing. If the judge is satisfied that both parties are in agreement and that the terms of the divorce are fair and reasonable, the divorce will be granted. Finalization: Once the court approves the divorce, both parties need to register the divorce with the local district office. This step is essential to make the divorce legally binding. In general, an uncontested divorce in Korea can take anywhere from one to three months if there are no children involved, and up to six months if minor children are involved, given the mandatory cooling-off period.
The character profile from before drama aired said that they would get into a war.
probably. If i remember correctly, Bom said something like this today : i never expected you to fall for someone like her. But i might dig too much into her words.
The character profile from before drama aired said that they would get into a war.
Yeah there is an extension, was announced like 1-2 weeks ago that they were in final plans for it which means its confirmed. I think it was a combination of popularity and that a veteran actor died thats supposed to be in next weekender. So they needed to find a new one. Helps to not rush it aswell.
The character profile from before drama aired said that they would get into a war.
I do think Beomsoo and Seri will get married. One of the theories i have with another drama friend is that they might register marriage to have more power in Hani's upcoming custody battle. I mean Seri already said she wanted to be Hani's mom lmao. Can't get any clearer than that. Now that Seri has several suitors after her, Beomsoo is getting nervous.
The character profile from before drama aired said that they would get into a war.
I gave up on them long ago. Currently just happy my favorite couple (seri-beomsoo) are going solid. People were posting in the korean chat about it yesterday that they won't get married at the end but may just end up dating. I think its more possible that they start dating towards the end. Bom doesn't seem ready for a serious relationship yet unlike her friend who fights for what she wants and had quite a bit character development. Well, i know plenty arent a fan of them though.
The character profile from before drama aired said that they would get into a war.
Since the char profiles was made so long ago, we don't know what changed or not in the writers mind. But Kang Soo would not accept someone being rude to Gwangsook since he respects her alot.
I would be happy if he goes to prison! And if Tak can overpower KS, a former & recent Navy Seal… then I have…
He can do it in other ways. But he should be ready to lose Seri permanently. Also he doesn't know Chairman and Gwangsook are dating right?. He will definitely involve himself. Looking forward to his downfall, i'm also waiting for his ex-secretary to come back to stirr things up aswell.
Finally watched the subs for ep 37. Why the heck would Chairman be so forceful towards Gwangsook after he talked with Beom Soo. I found what Beom Soo said to be completely reasonable
Some of the siblings are still upset. But it's only Heung Soo who is making a big deal out of everything. Thanks…
DS should understand by now that Gwangsook will be involved in the brewery one way or the other and that shes not the stay at home type. They haven't dated for long and he wants to control everything. I read the korean chat while it was airing and they all thought he was too much and that he shouldnt overstep. Seems like Gwangsook didn't say either that Chun Soo soon to be ex-wife caused it to happen. Haven't watched the ep subbed yet. Yeah i want Dongseok to help protect the brewery instead of trying to force Gwangsook hand.
Episode 38. Dong-seok asks Gwang-sook to quit her job because she's overworked, but Gwang-sook can't stop at brewery, and their argument becomes increasingly tense. Dok Go-Tak gets a maternity test and finds out that Mi-Ae and Kang Soo are mother and son. Meanwhile, Young-eun visits Se-ri and threatens her with a photo of her and Bum-soo...
Some of the siblings are still upset. But it's only Heung Soo who is making a big deal out of everything. Thanks to Chun Soo soon to be ex-wife she collapsed. Gwangsook mom blaming the siblings and told the chairman. Heungsoo acted like a jerk towards Okbun today. Chun Soo finally told Misun that his ex is back. Seri will only return if her parents apologize. But she knows her father wont do it. Seri and Beomsoo are dating now. Seems like they decided it off-screen. But considering the confession he said when he found her, i don't mind. He already said everything. They are flirting at the convenience store. He stays to read while shes working. Someone is taking photos of them. Most likely PI hired by Beom Soo ex. Scene ends with Chairman trying to get Gwangsook to leave Brewery and they end up fighting.
In the preview is full of Gwangsook and Chairman fighting. Tak gets answer from the DNA Test.
3. Divorce by Trial (소송이혼)
If either of the parties does not want to divorce OR if they both want to, but fail to reach an agreement regarding the terms of divorce; OR, if one party is missing, you can file a divorce complaint against your spouse in order to seek divorce by trial.
If you want to divorce by trial as a foreigner in Korea, you will almost certainly need to hire an attorney, given the difficulty in: 1) drafting a divorce complaint in Korean; 2) preparing necessary documents; and 3) representing yourself in a family court when seeking the best terms and conditions against your spouse — who will probably also hire a lawyer.
As previously mentioned, after filing a divorce lawsuit, you (or your lawyer) must attend the mediation hearing unless there are special circumstances. If the parties fail to agree with the terms & conditions as presented by the mediator during the process, you will probably be subject to several family investigations to verify the financial contribution of each spouse, which will decide the ratio of property division and examine who is more suitable to receive parental rights and/or custody holder (if you have a child or children).
This entire process can take time, upwards of 6 months before having the initial trial hearing. Thus, if mediation fails, the court will assign hearings, start listening to arguments by both parties, examine evidence submitted by each party, and then finally close the hearings. The court will announce its decision on a sentencing day held 3 to 4 weeks after the final hearing. If either party disagrees with the court’s decision, they can file an appeal within 14 days from the date of the decision.
The attorney you hire only represents you in a family court during the 1st stage, so you may rehire them or change attorneys depending on the result. This is one of many reasons you need to be careful when hiring a divorce lawyer in South Korea (or Seoul).
This entire process can take an average of from 6 to 12 months if the case is completed within its first stage.
Legal Grounds for divorce by trial :
An unchaste act (adultery);
Malicious desertion;
Extreme maltreatment by the other spouse or by his/her lineal ascendants;
Extreme maltreatment of one spouse's lineal ascendant by the other spouse;
When the death or life of the spouse has been unknown for three years; or
Any other serious reason for which it is difficult to continue the marriage.
An uncontested divorce, or mutual consent divorce, is when both parties agree on the terms of the divorce, including matters such as child custody, division of assets, and alimony. The process for an uncontested divorce in the Republic of Korea (ROK) is relatively straightforward and tends to be quicker than a contested
divorce.
Process and Duration
Filing a Petition: Both parties must submit a divorce petition to the Family Court. This includes a written agreement on the terms of the divorce.
Cooling-Off Period: If there are minor children involved, the court imposes a mandatory cooling-off period of three months. For couples without children, this period is reduced to one month. This period is designed to give the parties time to reconsider their decision and explore reconciliation.
Court Hearing: After the cooling-off period, the couple attends a court hearing. If the judge is satisfied that both parties are in agreement and that the terms of the divorce are fair and reasonable, the divorce will be granted.
Finalization: Once the court approves the divorce, both parties need to register the divorce with the local district office. This step is essential to make the divorce legally binding.
In general, an uncontested divorce in Korea can take anywhere from one to three months if there are no children involved, and up to six months if minor children are involved, given the mandatory cooling-off period.
People were posting in the korean chat about it yesterday that they won't get married at the end but may just end up dating. I think its more possible that they start dating towards the end.
Bom doesn't seem ready for a serious relationship yet unlike her friend who fights for what she wants and had quite a bit character development.
Well, i know plenty arent a fan of them though.
Seems like Gwangsook didn't say either that Chun Soo soon to be ex-wife caused it to happen. Haven't watched the ep subbed yet.
Yeah i want Dongseok to help protect the brewery instead of trying to force Gwangsook hand.
Dong-seok asks Gwang-sook to quit her job because she's overworked, but Gwang-sook can't stop at brewery, and their argument becomes increasingly tense. Dok Go-Tak gets a maternity test and finds out that Mi-Ae and Kang Soo are mother and son. Meanwhile, Young-eun visits Se-ri and threatens her with a photo of her and Bum-soo...
Heungsoo acted like a jerk towards Okbun today.
Chun Soo finally told Misun that his ex is back.
Seri will only return if her parents apologize. But she knows her father wont do it.
Seri and Beomsoo are dating now. Seems like they decided it off-screen. But considering the confession he said when he found her, i don't mind. He already said everything.
They are flirting at the convenience store. He stays to read while shes working. Someone is taking photos of them. Most likely PI hired by Beom Soo ex.
Scene ends with Chairman trying to get Gwangsook to leave Brewery and they end up fighting.
In the preview is full of Gwangsook and Chairman fighting. Tak gets answer from the DNA Test.