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blondebecky
Joined: 22 Jul 2006
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 Posted: Sun Mar 02, 2008 12:10 am Post subject: Divorce in Korea - won't sign the papers? |
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I have a friend who is trying to get a divorce from her (Korean) husband here, but he is refusing to sign the divorce papers. It's a long story but the short version is that he doesn't want a divorce because of the shame it will bring his family - they are completely unaware of what is going on.
My question is - can she obtain a divorce IN Korea without his permission? How long will a contested divorce take? If she gets a divorce in her home country, will the Korean Government accept it in lieu of a divorce here? Any information would be great. Thanks. |
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Netz
Joined: 11 Oct 2004
Location: a parallel universe where people and places seem to be the exact opposite of "normal"
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| Posted: Sun Mar 02, 2008 12:50 am Post subject: Re: Divorce in Korea - won't sign the papers? |
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| blondebecky wrote: |
I have a friend who is trying to get a divorce from her (Korean) husband here, but he is refusing to sign the divorce papers. It's a long story but the short version is that he doesn't want a divorce because of the shame it will bring his family - they are completely unaware of what is going on.
My question is - can she obtain a divorce IN Korea without his permission? How long will a contested divorce take? If she gets a divorce in her home country, will the Korean Government accept it in lieu of a divorce here? Any information would be great. Thanks. |
She should tell him that the "shame" of getting divorced in a country with a 47% divorce rate, is nothing compared to the "shame" of a publicly messy divorce which she can initiate.
Besides, I'm sure she could cite some valid reasons (alcoholism, adultery, physical violence?), that would conivnce a judge to grant her the divorce.
Now you're tallking "shame" baby! |
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Chris Kwon
Joined: 23 Jan 2008
Location: North Korea
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| Posted: Sun Mar 02, 2008 1:05 am Post subject: |
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| 47%?? Damn whats the US's rate.... can't be better can it? I always thought America was the worst, most of the people's parents I knew were divorced. |
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DrunkenMaster
Joined: 04 Feb 2008
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| Posted: Sun Mar 02, 2008 3:29 am Post subject: |
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Survey of Divorce Rates in Different Countries
June 13,2006 Change Text Size A A A
Statistics from the United Nations show a trend of rising divorce rates in many countries in recent years. The divorce rate has been high in many European countries and America, but now many Asian countries are catching up. The divorce rate in Korea, for example, is ranked third in the world.
The US: People fear divorce more than marriage
About 59% of America's population of 300 million is married. Although over 90% of American adults look forward to married life, divorce rates are still very high. During the 1950s, more than 90% of married couples would stay together for ten years or more, but in the 1990s, this percentage has fallen to below 50%. In recent years, many older adults have been getting divorced after they turn 60, or even 80 years old.
American experts says that there are many reasons for the rising divorce rate, including people's longer life spans, new generational values, and the growing economic independence of women. Another reason is that it is extremely easy to get divorced in America. In recent years, as the economy has struggled and jobs have become harder to find, younger Americans are not willing to marry so quickly and those who are married are not so quick to divorce.
Korea: Divorce rate ranks 3rd in the world
According to Korean government statistics, the divorce rate in Korea is growing at an average rate of 0.5% per year. In the past ten years, the total number of divorces has increased by nearly three times. That is to say, out of every 1,000 couples, 2.8 of them will divorce, making Korea's divorce rate the third highest in the world after America and the UK.
There are various reasons why the divorce rate in Korea is so high, but the main reason is disagreements between the mother-in-law and wife. A representative from Korea's family courts who handles divorce cases went on the record to say, "Divorce cases always increase after Mid-autumn Day, New Year and the summer holiday because couples are more likely to quarrel about going to the in-laws house. And then once they get there, as problems between the mother-in-law and wife become from pronounced, someone ends up demanding a divorce."
Another factor that has led to rising divorce rates is a change in values.
More women are initiating divorce or separation procedures. 66.7% of divorces in 2003 were initiated by women, compared to 30.6% by men. Among the reasons cited for getting a divorce, 46.4% of divorces occur because the wife or husband is having an affair.
In order to curb the rising divorce rate, the government has enacted certain measures that have proven to be effective. In March 2005, the Seoul Family Court implemented a mandatory "thinking period" and counseling session which couples must complete before applying for a divorce..
India: Divorce rate twice as high as ten years ago
In India, there are no formal statistics concerning divorce rates due the large rural population and incomplete records, but it is widely acknowledged that the divorce rate has greatly increased.
Young couples divorcing is a major reason divorce rates have risen. The phenomenon of "family group marriages" is also noteworthy. In rural India, marriages between families are quite common. For example, the brothers of one family marry the sisters of another family at the same time. In a situation like this, once one marriage ends in a divorce and leads to deep enmity between the families, all the marriages are likely to end in divorce.
According to a recent survey, the higher a woman's educational level, the less she cares about getting a divorce.
Germany: Legislation to make divorce more difficult
Divorce rates in Germany have remained high in recent years with no sign of declining. Statistics show that over 200,000 couples divorced last year. Most of the couples who divorce have already lived apart for the last six years of the marriage and at the seventh year they begin the divorce procedures. The German media has blamed this on rising unemployment rates which cause unhappiness in the marriage.
A "divorce economy" in German society has become popular, in which divorce-related magazines, companies, bars, and TV shows have added fuel to the fire. A famous marriage counselor has expressed concerns with the appearance of this phenomenon saying, this will probably encourage more people to separate from their partners. A German expert on the marriage law said, "People have the right to get a divorce, but they should not abuse this right. First and foremost, people who wish to divorce should consider their responsibilities to their elders, children, family and society. The fact is, because people are so hasty to divorce, the issues of single parent families, care for the elderly and children's education have become crucial social problems.
In response, the German legislature is trying to pass legislation making it more difficult to get a divorce. Divorce is not encouraged by the government. Once a husband wants to get divorced, he must give his wife half of his income for the rest of his life.
Brazil: Single girls seeking married men
The divorce rate in Brazil has doubled since 1985. Many experts believe that this is due to the 1988 abolition of a law that men could only have two divorces in their lifetime. Now, they can marry and divorce as many times as they like.
Sociologists believe that attitudes towards divorce have changed. In the past, women who divorced their husbands were looked down upon. Now, Brazilian women believe that if a woman suffers from domestic abuse, it is a shame to continue being with him. Statistics show that 73% of divorces and separations are initiated by women. In addition, infidelity is another reason for the break up of marriages. A psychologist, Mr. Louis, says that, in Brazil there is a strange phenomenon of single girls seeking out married men.
In order to maintain social stability, Brazilian law states that married couples must wait two years after their marriage to get a divorce. Furthermore, they must live apart for two years. The law also stipulates that people must wait two years after a divorce to remarry.
China: Rapid growth in divorce rates
According to statistics from the China Civil Administration Department, 341,000 married couples divorced in 1980, 800,000 in 1990, 1,210,000 in 2000, and 1,331,000 in 2005. From these numbers it is evident that divorce is a growing trend in China.
Xu Anqi, an analyst at the Shanghai Social Science Academy and standing director of the China Research Association for Women and Family says the reason for the growing number of divorces in China is multifaceted. First, society is going through a transitional period which is greatly affecting the stability of marriages. Second, as living standards increase people have higher expectations towards marriage and love. A third reason is, the simplification of marriage and divorce procedures has made getting a divorce much easier.
Xu Anqi believes that high divorce rates in certain areas do not necessarily indicate marriages are unhappy and society is unstable. A survey on marriages revealed that people are happier in an open country with looser divorce laws. That is because couples with problems can separate and those with stable marriages are more emotionally satisfied, which is beneficial to a harmonious social order.
Chen Xinxin from the Women Studies Institute of ACWF (All-China Women's Federation) also thinks that improvements in women's social status have resulted in increasing divorce rates. As women become more independent economically and spiritually, they are no longer regarded as socially inferior, and this is a reflection of women's liberation and social progress.
(Source: Global Times)
http://www.womenofchina.cn/focus/marriage_and_family/5166.jsp |
I don't see 47% anywhere, but #3 in the world isn't bad. That would be a bronze medal. |
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TheChickenLover
Joined: 17 Dec 2007
Location: The Chicken Coop
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| Posted: Sun Mar 02, 2008 3:48 am Post subject: |
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If one person in a marriage wants to divorce, but the other does not, the person must sue for divorce in court.
In court, the spouse must PROVE a justification for divorce to a judge. If there is a case such as domestic abuse or adultery, then the judge may lay grounds to terminate the marriage.
If the suing spouse is unable to justify a reason to divorce, the judge may rule the marriage valid. One party can't simply destroy a marriage in Korea legally because they're bored or want to.
If children are involved, the parents must provide a clear plan about the children's future welfare before a divorce will be considered. Otherwise the children will remain with the parents who remain legally married.
This is from the ministry of justice
Chicken |
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Hanson
Joined: 20 Oct 2004
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| Posted: Sun Mar 02, 2008 4:00 am Post subject: |
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| What ever happened to "irreconcilable differences"? |
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fusionbarnone
Joined: 31 May 2004
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| Posted: Sun Mar 02, 2008 4:05 am Post subject: |
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Won't divorce(sign papers) for shame? This is a new twist on ye olde' "bait and switch" game.
Not willing to give up Green cards/citizenship for the whole familia and extended clan is more like it.
Western gals are valuable to Korean chaps especially if they(gals) originate from the most desirable countries. |
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blondebecky
Joined: 22 Jul 2006
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| Posted: Sun Mar 02, 2008 6:52 am Post subject: |
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| fusionbarnone wrote: |
Won't divorce(sign papers) for shame? This is a new twist on ye olde' "bait and switch" game.
Not willing to give up Green cards/citizenship for the whole familia and extended clan is more like it.
Western gals are valuable to Korean chaps especially if they(gals) originate from the most desirable countries. |
Not for the whole family - I think he wants the chance for himself though, and I don't really blame him for it. My friend would help if she could but she needs to get her life back.
BTW no infidelity that she knows of...just a lot of very late nights drinking...almost every day of the week  |
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blondebecky
Joined: 22 Jul 2006
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| Posted: Sun Mar 02, 2008 7:49 am Post subject: |
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By the way - the "friend" is me. No point fibbing about it because I'm heading out of the country in a month anyway, and I don't know anyone on this forum.
Thanks for the advice all. |
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DrunkenMaster
Joined: 04 Feb 2008
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| Posted: Sun Mar 02, 2008 7:53 am Post subject: |
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| the "friend" is always the me, Becky. Good luck. The best part of getting married sometimes is the divorce. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sun Mar 02, 2008 8:12 am Post subject: Re: Divorce in Korea - won't sign the papers? |
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| blondebecky wrote: |
| he doesn't want a divorce because of the shame it will bring his family - they are completely unaware of what is going on. |
Make them aware of it. Then with the shame out in the open, there's no reason not to sign the papers. |
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bassexpander
Joined: 13 Sep 2007
Location: Someplace you'd rather be.
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| Posted: Sun Mar 02, 2008 8:14 am Post subject: |
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Heck, why not... parting shot.
I bet the US Embassy would do a divorce for you on the American side (are you American?) |
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blondebecky
Joined: 22 Jul 2006
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| Posted: Sun Mar 02, 2008 8:21 am Post subject: |
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| bassexpander wrote: |
Heck, why not... parting shot.
I bet the US Embassy would do a divorce for you on the American side (are you American?) |
No, I'm Aussie. I'm also trying to find out whether a divorce obtained in Australia would be recognised over here...there's a mandatory 1 year period of separation before that can occur, not that I'm too concerned about that.
I'm not going to tell his family, they've always been lovely to me and I don't want to cause them any upset, although I'm rather sad that I will be unable to apologise to them and thank them for everything they've done for me. |
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danielkim80
Guest
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| Posted: Sun Mar 02, 2008 9:00 am Post subject: Re: Divorce in Korea - won't sign the papers? |
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| blondebecky wrote: |
I have a friend who is trying to get a divorce from her (Korean) husband here, but he is refusing to sign the divorce papers. It's a long story but the short version is that he doesn't want a divorce because of the shame it will bring his family - they are completely unaware of what is going on.
My question is - can she obtain a divorce IN Korea without his permission? How long will a contested divorce take? If she gets a divorce in her home country, will the Korean Government accept it in lieu of a divorce here? Any information would be great. Thanks. |
You should take a legal action to obtain a divorce in korea if he doesn't agree with divorce. Then you can obtain a divorce.
anyway can i ask why you want a divorce? |
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danielkim80
Guest
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| Posted: Sun Mar 02, 2008 9:05 am Post subject: |
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| blondebecky wrote: |
| fusionbarnone wrote: |
Won't divorce(sign papers) for shame? This is a new twist on ye olde' "bait and switch" game.
Not willing to give up Green cards/citizenship for the whole familia and extended clan is more like it.
Western gals are valuable to Korean chaps especially if they(gals) originate from the most desirable countries. |
Not for the whole family - I think he wants the chance for himself though, and I don't really blame him for it. My friend would help if she could but she needs to get her life back.
BTW no infidelity that she knows of...just a lot of very late nights drinking...almost every day of the week |
I understand what u feel. i guess he refused to sign the paper because he doesn't want to let you go , maybe still loves you? |
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