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Attorney INSUP CHO LAWFIRM SHINSEGAELAW. Korean divorce system . Divorce Statistics of Statistics Korea . 1. Divorce. consensual divorce judicial divorce. The article 840 of the Civil Act . 1. If the other spouse has committed an act of unchastity ;
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Attorney INSUP CHO LAWFIRM SHINSEGAELAW Korean divorce system
1. Divorce • consensual divorce • judicial divorce
The article 840 of the Civil Act 1. If the other spouse has committed an act of unchastity; 2. If one spouse has been maliciously deserted by the other spouse; 3. If one spouse has been extremely maltreated by the other spouse or his or her lineal ascendants; 4. If one spouse s lineal ascendant has been extremely maltreated by the other spouse; 5. If the death of life of the other spouse has been unknown for three years; and 6. If there exists any other serious cause for making it difficult to continue the marriage.
Non-fault divorce, Fault divorce • Application for Divorce by a blameful spouse • Exception
Prior Disposition • for living expenses • for child rearing expenses • for approach prohibition • for visitation
2. Consolation Money • To the other spouse • To a third party • Amount of consolation money
3. Division of Property • The subject of property division - special license • Peculiar Property • Blameful Spouse's Claim for Division of Property
Division of obligation • Time to estimate the value in property division • Revoking of fraudulent act • Property Investigation - Order for submission of banking information - Property Specification - Property Inquiry System
4. Designation of Person of Parental Authority and Custodian • Person of Parental Authority and Custodian • Standard to Determine Person of Parental Authority and Custodian
5. Visitation Right • Biweekly, for 2 days and 1 night • Summer/Winter vacation • On the New Years holiday and the Lunar New Year holiday
6. Child Support • The standard of determining the amount of child support • A special compulsory execution
- Order for Direct Payment of Child Support - Order for Offer of Security - Lump Sum Payment System for Child Support - Order for Implementation - Detention