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Divorce with kids? Please help
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Sun Nov 06, 2011 6:14 am    Post subject: Divorce with kids? Please help Reply with quote

No need to answer here, PMs are fine. Both of us are foreigners, not married in Korea, just had a baby three weeks ago. Need a divorce ASAP.

I want full and sole custody, legal, physical, etc. that allows me to live where I want, when I want, travel when I want without his permission. Ever.

QUESTION: Has anyone who's gotten divorced in Korea gotten sole legal and physical custody?

Amicable divorce, neither party is fighting it.

Also need to know if we both have to show up in court. I was told that my lawyer could represent me, (and only one of us would have to go to court, but my husband will be leaving Korea in 9 days. Is it still possible to get divorced here if he can find someone to represent him in court? I mean, if I showed up, then he could get someone to represent him?

Lastly, how would I go about getting a notarised true copy of the divorce so that I could take it with me when I travel?


Last edited by naturegirl321 on Mon Nov 07, 2011 6:13 am; edited 1 time in total
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Sun Nov 06, 2011 5:18 pm    Post subject: Reply with quote

Perhaps someone better might be able to answer this, but I'll give two quick thoughts...


1. It's my understanding that the divorce process in Korea is quite drawn out, even if both parties consent. I do not believe it's possible to get it wrapped up in a week.

2. In regards to custody, you'll have to get him to waive his parental rights to the newborn. I know that some countries allow that, but I'm not sure how they go about it in Korea.

Perhaps contacting the Seoul Global Center, and asking if they have a divorce specialist, might be your best option.

Where was your marriage legalized?Perhaps the solution needs to be found there.
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Sun Nov 06, 2011 5:35 pm    Post subject: Reply with quote

Captain Corea wrote:
1. It's my understanding that the divorce process in Korea is quite drawn out, even if both parties consent. I do not believe it's possible to get it wrapped up in a week.

2. In regards to custody, you'll have to get him to waive his parental rights to the newborn. I know that some countries allow that, but I'm not sure how they go about it in Korea.

Perhaps contacting the Seoul Global Center, and asking if they have a divorce specialist, might be your best option.

Where was your marriage legalized?Perhaps the solution needs to be found there.


We were told 3 to 6 months, but my husband is leaving now. Married in Peru. He'll give up his rights, I think, he's giving me full custody.
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ThingsComeAround



Joined: 07 Nov 2008

PostPosted: Sun Nov 06, 2011 9:39 pm    Post subject: Reply with quote

naturegirl321 wrote:
Captain Corea wrote:
1. It's my understanding that the divorce process in Korea is quite drawn out, even if both parties consent. I do not believe it's possible to get it wrapped up in a week.

2. In regards to custody, you'll have to get him to waive his parental rights to the newborn. I know that some countries allow that, but I'm not sure how they go about it in Korea.

Perhaps contacting the Seoul Global Center, and asking if they have a divorce specialist, might be your best option.

Where was your marriage legalized?Perhaps the solution needs to be found there.


We were told 3 to 6 months, but my husband is leaving now. Married in Peru. He'll give up his rights, I think, he's giving me full custody.


Make him document it, or you'll regret it!
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travelnguy



Joined: 27 Sep 2007

PostPosted: Sun Nov 06, 2011 10:29 pm    Post subject: Reply with quote

The only fast international divorces I have ever heard of are the ones that are only available in the same countries that fast marriages are available in (Dominican Republic, Mexico, and a few other Caribbean countries).

What has the Peruvian consulate said? I'm sure they will not make it easy.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Sun Nov 06, 2011 10:52 pm    Post subject: Reply with quote

Captain Corea - Going to disagree with you on this.

My friend got divorced not too long ago. It was very simple - they went to the gu office, filled out a couple of papers, and that was it.

They were both foreigners (from different countries) and they were married here, so that could make a difference.

But CC's advice on the foreign help center is spot on.

OP - if you have any questions on divorce in Korea, PM me and I'll see if I can put you in touch with my friend. Hers was amicable too, and just involved some paperwork,
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Mon Nov 07, 2011 12:33 am    Post subject: Reply with quote

Just taking a stab at it, but it seems you might have to do it throught Peruvian embassy. Your legal jurisdiction is there, but I might be wrong. Interesting question though. Was marriage done through embassy or korean church or korean civil ceremony? I know its complicated if you are catholic in some countries.
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Mon Nov 07, 2011 1:17 am    Post subject: Reply with quote

Peruvian embassy is useless, they told us to go to Peru. It was done in Peru at the municipality, we've been married 6 years. No church ceremony.

If I have sole custody, he gives up his rights.

The lawyer said that if he leaves, then I just go to court. That's it.
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Mon Nov 07, 2011 1:19 am    Post subject: Reply with quote

ThingsComeAround wrote:
naturegirl321 wrote:
Captain Corea wrote:
1. It's my understanding that the divorce process in Korea is quite drawn out, even if both parties consent. I do not believe it's possible to get it wrapped up in a week.

2. In regards to custody, you'll have to get him to waive his parental rights to the newborn. I know that some countries allow that, but I'm not sure how they go about it in Korea.

Perhaps contacting the Seoul Global Center, and asking if they have a divorce specialist, might be your best option.

Where was your marriage legalized?Perhaps the solution needs to be found there.


We were told 3 to 6 months, but my husband is leaving now. Married in Peru. He'll give up his rights, I think, he's giving me full custody.


Make him document it, or you'll regret it!

Sole physical and legal custody is what I'll be getting. Most places in the US don't do that, they do joint custody. Only if there's stuff like drugs, jail, etc do they give sole custody. While my husband doesn't to drugs or hasn't been in jail, he did other cr@p that put both me and our child at risk.
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itistime



Joined: 23 Jul 2010

PostPosted: Mon Nov 07, 2011 3:42 am    Post subject: Reply with quote

Good luck to you, NG.

Hope you're not going to have to jump through
too many hoops for this.

I friends go back to the U.S. for a divorce because
they gave the impression that it was too much
of a headache to do here. Sorry, not more help.
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Mon Nov 07, 2011 5:00 am    Post subject: Reply with quote

Can't go to US. Haven't lived there in over a decade and we got married in Peru. I'd rather do it here. Anyways, husband's leaving, so hopefully that'll count in my favour. Plus, breastfeeding has to count as well, right? She's only 3 weeks old.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Mon Nov 07, 2011 5:21 am    Post subject: Reply with quote

Perhaps just drawing up notarized papers of intent will have to do for now.
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Mon Nov 07, 2011 5:54 am    Post subject: Reply with quote

No need. We're ficing the divorce papers and they'll say sole legal and phyusical custody. I'm not having it any other way.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Mon Nov 07, 2011 8:22 am    Post subject: Reply with quote

From the experience of a filipino friend of mine from the philippines, she got married here to an American through the US embassy. They got divorced through the embassy, but in the Philippines they did not recognize her divorce so she had to really do a lot of paperwork to finalize it there. Pretty much she had to do an annullment. In you case, it might be the same. Peru might not recognize anything you do here. And with child custody, you dont want to find yourself on Interpol's watch list for child kidnapping. Best bet is to get it all done in Peru or contact an attorney in Peru. Can you do that? I do have a friend there if you needed to contact an attorney, but I am sure you can find one online. Wow...3 wk old baby! Thats rough. PM me if you want to talk about anything. Why cant your husband do it from Peru?
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rollo



Joined: 10 May 2006
Location: China

PostPosted: Mon Nov 07, 2011 2:14 pm    Post subject: Reply with quote

I think you will have to go to Peru. Especially about the custody issue. If you plan on ever traveling again you need to do this. I guess traveling is not so likely with a your new responsibility but just in case. This is the type of thing that can come back to bite you in the butt if you do not take care of it properly.
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