Divorce as a foreigner in Korea is rarely just about the marriage. Your visa, child custody, and property division are decided together — and the order in which you handle them matters. Attorney Doyun Lee represents foreign spouses in English and Chinese.
International divorce in Korea raises questions a domestic divorce does not: which country’s court has jurisdiction, which law applies, what happens to a marriage-based visa, and how custody works when one parent may leave the country.
For a marriage-migrant (F-6) spouse, the divorce and the right to remain in Korea are connected. Signing an agreement without understanding that link can cost you your residency.
Whether an F-6 spouse keeps the right to stay after divorce often depends on who is found responsible for the marriage breakdown, and on child custody. Because this is determined in the divorce process, the divorce strategy and the visa outcome have to be planned together — not treated as separate problems.
Custody, visitation, and child support are decided with the child’s welfare as the standard. For cross-border couples there is an added concern: the risk that one parent removes the child from Korea. These issues need to be addressed clearly in the settlement or judgment.
Property acquired during the marriage is subject to division, and for international couples the questions of jurisdiction and applicable law affect both procedure and result. Getting these threshold questions right early prevents a case from being fought twice.
Results reflect individual cases and do not guarantee the outcome of any similar matter.
For an F-6 spouse, keeping residency often depends on who is found responsible for the marriage breakdown and on child custody — decided in the divorce. Plan the divorce and the visa outcome together.
Often yes. Jurisdiction and applicable law depend on the facts, including residence and nationality. These threshold questions should be settled early, because they affect both procedure and outcome.
Custody is decided on the child’s welfare, and the risk of a child being removed from Korea should be addressed directly in the settlement or judgment. This is a common concern in cross-border divorces.
Yes. Attorney Doyun Lee represents foreign spouses and consults in Chinese and English on international divorce, custody, and the related visa issues.
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Advertising Attorney: Doyun Lee, KBA-certified criminal law specialist, Newlawyer Law Office. This page is general legal information and does not guarantee any specific result.