Korean Job Discussion Forums

[tesl]

My Korean wife and I will file for divorce this week. We have a 3-yr old son who is a dual national Korean/American. Since I am the father of a Korean citizen can I apply for and receive an extension on my F21 visa? I remember reading about this somewhere.

Please recommend a good divorce lawyer who speaks some English.

Thanks~~

[tesl]

I also read that there is a minimum 3-moth waiting period.

http://www.reuters.com/article/idUSTRE50C1N620090113

South Korea cools off on hot-headed, speedy divorce
Kim Junghyun
Tue Jan 13, 2009 2:45am ESTSEOUL (Reuters Life!) - The number of divorces in South Korea fell by about a quarter after it ended a system where marriages could end quicker than a movie and at fees cheaper than two cinema tickets, data obtained on Tuesday showed.

Lifestyle

Last June, South Korea ended a policy that allowed most couples divorce on-the-spot and instead implemented a mandatory deliberation period before they could their end marriages.

The change came after some judges complained their courts were filled on Monday mornings with "hot-headed" couples seeking to split up after rough weekends. The judges called for laws to set up a cooling-off period to think over divorce decisions.

The Supreme Court said that after the system went into place, the number of couples cancelling their petitions seeking divorce increased while National Statistical Office data showed those actually divorcing fell sharply from the same period a year ago.

Under the previous system, couples who filed papers at a local government office and paid a fee equal to a few dollars could obtain a divorce in less than an hour.

The new system requires couples with children to go through a three-month deliberation process while childless couples can end their marriage after a one-month period. On-the-spot divorces are still granted in cases of physical or sexual abuse.

Yoo Jae-bok, a former family court judge who helped lead the call for changing the quick divorce law, said the new system has proven effective but could still be improved.

"I would like to see judges have more room for discretion in deciding the length of the deliberation period. The system either could be too short for some or a pain in the neck for others," Yoo said on Tuesday.

The number of divorces in South Korea has almost doubled in the decade starting in 1995 to become one of the highest in Asia.

Social stigmas that used to make couples reluctant to break up have faded as the country has become more prosperous and less bound by tradition, experts said.

(Writing by Jon Herskovitz, editing by Miral Fahmy)



[url][/url]

[tesl]

I also read in tha handbook for foreign spouses of Korean nationals that you must not be the person at fault in the divorce and/or be rearing said children in order to extend the F21.

If I am wrong please correct me.

[tzechuk]

The *legal* answer is yes - because that's what the law says.

I have a booklet that explains all of this.

But of course, this is just what the law *states*... as with everything in Korea, it is open to interpretation.

I am surprised you haven't got an F5 already.

If it is an amicable divorce, though, there may be a chance the judge will let you proceed with an F5 application.

[john110375]

If I were in your shoes I would try to make a deal with her and apply for an F-5!!! If you have a child it takes less than a month.. Then you're free to stay as long as you want !!

[tzechuk]

I've just fully read everything you write, so here's the lo-down of it all:

1. Yes, because you have a child, it takes 3 months. If you didn't have a kid, the process would only take one.

2. The term *at fault* is difficult to prove. *At fault* means you have to have been abusive (proven, hospital records, police reports etc.) OR you have been caught having an affair (again, proven, but not PI material - PIs are illegal in Korea) OR you have not been a supportive partner.

I actually have a friend who went through all this BS with his Korean wife a couple of years ago - I know pretty much the full detail and she tried to say it was *his fault* that they were getting a divorce. The judge found him NOT to be at *major* fault and allowed him to keep his F2. They have a kid together.

The thing is - you have a kid. You have to be allowed to stay in the Korea to see the kid. Regardless of the situation, you are still a parent, foreign or not, and you have your rights. So they will try, if possible, to make it easier for you to stay to see the child. Chances are you will have to pay child support and alimony, too, so it works for them.

PM me if you want the phone number of my lawyer. You will just be the 5th person I've passed this on this week

Good luck, OP.

[nobbyken]

Maybe the naturalization route may be better for you. This can also be a tricky route.
The F5 may be cancelled if you ever had to leave the country for a 12-month period.

[john110375]

That's true about the staying gone over a year. But if you get the re-entry permit you can stay gone up to 23 months. Shouldn't be too hard to come back and visit a week every year to solve that issue.

[tesl]

[john110375]

I didn't know you were only 10 months on the F21. Your only option is to say you need to support your kids here. I think you won't have a problem renewing based on that. Good Luck

[Juregen]

If you agree with the divorce you will lose your F-2.

[Mr. Pink]

[soulofseoul]

[john110375]

Without a re entry permit on an F-5 you can stay gone up to 1 year, but with the re entry permit(doesn't have to be approved)you can stay gone up to 2 years.

[tesl]