[Legal info] Divorce by agreement vs. Divorce by trial, what you need to know
When considering divorce in Korea, understanding the two main types—Divorce by Agreement and Divorce by Trial—is essential. Let’s explore the differences and processes for each to help you make informed decisions. What Is Divorce by Agreement? Divorce by Agreement occurs when both parties mutually agree to dissolve their marriage. This includes reaching a consensus on key issues such as: The decision to divorce Custody and support of minor children, if any Separation of Marriage Property Even if both spouses are in full agreement, Korean law mandates that the agreement be formalized through a written document and submitted to the court for approval. This step ensures that the divorce is legally binding. What Happens When Agreement Fails? If the spouses cannot reach a mutual agreement, they must resort to legal intervention. This process may involve: Filing a Petition for Divorce: Taking the case to court for a formal ruling. Applying for Mediation: Attempting to resolve dis...