Unchastity and Divorce In Korea

1. Is “unchastity” one of the grounds for divorce?

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Yes, unchastity is one of the causes for judicial divorce (Article 840 of Civil Act).

2. By when should the divorce suit be filed for the other party’s unchastity?

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With respect to filing for judicial divorce due to the other party’s unchastity, if the spouse has given a previous consent or an ex post facto tolerance to the other party, or if six months have passed since the spouse was aware of such act of unchastity of the other, or if two years have passed since the happening of such event, the spouse may not apply to the court for a divorce (Article 841 of Civil Act).

3. What does “unchasity” mean in court decisions?

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Unchastity has a wider meaning than adultery. It will be unchastity living with another man or woman or exchanging inappropriate messages with another man or woman even if they do not have a sexual intercourse with another man or woman.

4. How can I prove my spouse’s unchastity in the court proceedings?

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Messages, voice recordings, photos, the receipt of the hotel, and the statement of the witness can be evidence. Also, I’d advise you to keep a journal for the details of what happens if you prepare for the divorce suit due to the other party’s unchastity.

5. How much can I receive monetary compensation for my spouse’s unchastity?

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The amount of monetary compensation due to your spouse’s unchastity varies with the seriousness of his or her unchastity. Roughly stated, it will be around 10 million KRW to 50 million KRW.

6. Is it possible to file for compensation of mental damage due to the spouse’s unchastity even if it is found that the spouse committed unchastity after the divorce process is completed?

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Yes, it is. Let me introduce a recent court decision that a woman found out that her ex-husband had committed adultery after divorce by agreement was completed. She filed for compensation and the court granted 20,000,000 KRW for the compensation for her mental stress.

7. If a party commits adultery during the cooling off period of the process of divorce by agreement, can the other party claim the compensation for his or her mental damage of the adultery?

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Yes, according to a recent court decision, the other party can file the case as the cooling off period was provided for the couple so that they could reconsider their marriage and adultery during the period undermined their confidence in their relationship.