Korean Job Discussion Forums

[whoknew21]

Anyone know how to go about getting a divorce? Should I get legal advice and if so, where can I get it?

What happens to my visa?

[tzechuk]

Are you married to a Korean?

Do you have kids?

What visa are you on now?

Answer these questions here or PM me and I will give you the tzechuk's Guide to a Korean Divorce. I did it just a little under a year ago.

[mc_jc]

tzechuk- A friend of mine, who was married to a Japanese, got divorced and was able to keep his residential permit.
Can a person who has an F5 visa do the same?
I know of about 8 people, men and women, who are still married because they are afraid they will lose their F-visas if they get divorced.

[Carla]

[whoknew21]

Yes I am married to a Korean. No children and I am on an F2 visa.

[tzechuk]

mc_jc: once you have the F5 they won't take it from you even if you're divorced.

If they have children, they can also keep their F2 with their children being their sponsor. I have an immigration document in .pdf format that I can circulate if anyone is interested.

My lawyer also translated the law regarding divorce, custody and property management into English for me. So I have that and am willing to circulate. My lawyer is great and speaks brilliant English, btw, if anyone's insterested. He also charges by the hour with no retainer.

Back to OP: If you don't have kids, then the process is relatively straight forward. Here's what happens step-by-step:

Method 1 - divorce by agreement.

Divorce by agreement definition is both parties agree to divorce.

1. You file for divorce - 3 documents (but may be 1 less for you since you have no children - I am pretty sure one of ours was about custody of our daughter), which you will probably have to get yoru wife to fill in because they are all in Korean.

2. You have to watch a short clip - kinda like counselling... last minute effort to get you to reconsider your decision.

3. They give you a date to see the judge. Since you have no children, it takes a month. If you have kids, it's 3.

4. On the date, you meet with the judge, who asks you several questions related to the information you put in in the documents, which are things you put down, like property, alimony etc.

Depending on where you are (I am told it's different everywhere), you may either bring your own interpreter or you have to pay the court for an official one. I was able to bring my own, but a friend down in Yeosu had to pay for an official one.

5. The judge signs the the papers. One of you go to the gu-office, fill in another piece of paper, hand that with the divorce papers to the clerk, pay some money and you are done.

6. Depending on your nationality, you may need to also file with your own country. I am from the UK and Hong Kong, neither place said I needed to file. So once the Korean side of things were done, the whole process were finished for me.

Method 2: Disputed Divorce

This is where one party wants a divorce and the other side doesn't.

This is tricky, time consuming and very expensive. It drags on and on and you need a lawyer.

So if you can don't go down this route, but if you want I can still give you the name of a lawyer who can help....

[winterwawa]

Are you a man married to a K-wife or a woman married to a K-man. I know it sounds sexist, but believe me it matters. If you are a woman married to a k-man, immi will bend over backward to help you, if you are a man married to a k-wife they will do everything in their power to make you go back on a E VISA.

I know what I am talking about because I just divorced my second k-wife and immi is not being easy on me.

Regardless of your situation, you will need an attorney. You will have to file against your spouse and prove that the divorce is her/his fault and that you are in no way to blame.

While going through the divorce, your F2 will be renewed for 3 month intervals. If you have been married less than 2 years, you will probably lose your VISA even if you prove the divorce is the korean's fault. If you have been married more than 2 years, I would try to get your K-spouse to help you get your F5. Once you get the F5 VISA, you don't even have to tell immi you got divorced.

Grounds for legal divorce include

1. Adultery - you need pictures or some other proof
2. Having intimate relations with members of the opposite sex, even if there was no sex. Proof required -- pictures or video survalance
3. Living apart for more than 3 years
4. Spouse insisting on unusual sex such as group sex or other perverted acts.

There are a few other legal grounds but I don't remember what they are offhand.

If you want a quick and easy divorce, you and your spouse can go to the family court in Seoul, file a document, wait two weeks, and then go back to court. On the court date, you both sit in front of a judge and he ask if you both want a divorce. You both say "Yes" and it's done. This is known as a No fault divorce. You will lose your VISA with this divorce.

Some advise from one who has been there. First, if possible get your spouse to help you get your F5 before you divorce. If that is not possible, plan on spending a lot of money for lawyer fees. My last divorce cost me 8 million won. I had to hire two firm because the first firm dropped my case once they realized they would not get any money from my wife even if we won the suit.

Also plan on it taking a while. It took me three years from the time she left until I finally got my divorce.

Finally immi doesn't care about you or how long you have been here or what you have done to help Korea. All they care about is the Korean. So, until you actually prove the divorce is your spouses fault, expect no sympathy from immi.

Now that my divorce is finished, I am going to appy for my F5. I go to immigration tomorrow. The paper work they require is a nightmare and I am expecting less than a pleasant welcome in the morning. But I am going to give it my best shot. Who knows, maybe they will do the right thing.

Anyway, good luck. Let me know if you need a good lawyer and I will send you my attorney's name and number.

[tzechuk]

winterwara, I can't believe how long your divorce took you. Mine took 3 months from start to finish. If i had to wait for 3 years I'd go insane.

[Geckoman]

An easy way to get a divorce is to go to Guam, USA, and do it there.

It's easy and cheap.

Guam is only a four hour flight away.

Guam is famous for being a divorce hub. It's a whole industry there. Expats in Asia go to Guam to get a divorce all the time.

Just search the internet to learn about this option.

Guam is the divorce hub of the Pacific!

[winterwawa]

[mayorgc]

Hey there winterwawa. I think I read about your predicament from an old thread.

Was your ex-wife the nightmare woman who had a shady job? Or am I thinking about someone else.

[tzechuk]

wow..that's complicated, winterwara.

I've been on the F5 since 2006, so had it for 3 years now. Divorce took place this year in Feb, so it wasn't like I stayed with him deliberately for the visa.... I would never have done that cos I don't particular care to stay in Korea.

[winterwawa]

[Gibberish]

I take it 'shady job' means 'ran off to Australia with another man'? Yikes.

[whoknew21]

I am married to a Korean man. I have been married for 2 years.

I went home for a few months to take care of a family problem. When I came back about a month ago, I found some things in my house that obviously belonged to another woman. Finally this past weekend he admitted to an affair. (I doubt he will do this in court!) I am in the process of moving out and staying in a hotel now.

He doesn't want a divorce, I do. I know this is going to be a challenge.

Tzechuk, can I please get the name of your lawyer and any documents in English you have?

What is the process / rules to get an F5?