▲ Attorney Byung-hwa Lee, LIN LLC

■ The First Step in an Uncontested Divorce
An uncontested divorce (divorce by mutual agreement under the Civil Act), as the name implies, is a relatively straightforward procedure that proceeds if the couple agrees on the intent and conditions of the divorce. It allows the couple to formalize the end of their marital relationship in a short time at a lower cost without the need for a legal battle in court as in the case of litigation.

The process begins with the couple submitting an application for confirmation of mutual consent to divorce to the court. The court then provides guidance on the divorce process, and recommends counseling with a professional counselor if needed. Subsequently, the court grants a cooling-off period to determine whether the couple truly desires a divorce.

■ The Meaning and Duration of the Cooling-Off Period
The cooling-off period prevents couples from deciding on divorce based on temporary emotions or impulses, allowing them sufficient time to contemplate practical matters. Introduced through the 2007 amendment to the Civil Act, the system allows the couple to calm their emotions and pre-plan the practicalities of their post-divorce lives, including property division, child custody, and housing issues.

The duration of the cooling-off period varies depending on whether the couple has children. If there are minor children (including an unborn child), the period is three months. If there are no children or only adult children, the period is one month. However, in cases involving domestic violence or urgent circumstances, couples may apply to the court to waive or shorten the period by submitting a written statement of reasons.

■ Confirmation of Intent, Agreement on Child Custody, and Registration
Once the cooling-off period ends, the couple must appear before the court again to receive a final confirmation of their intent to divorce. Especially when there are minor children, they must submit an agreement on child custody and the designation of parental rights holders, or a certified copy of a Family Court judgment. Such agreement must comprehensively address core matters affecting the child’s life, such as designating the custodial parent, determining child support obligations, and establishing visitation rights, which serve as a legal safeguard that the child's welfare. Based on this agreement, the court prepares a "Record of Child Support Obligations," which can be used as a basis for compulsory execution (enforcement) should child support payments not be made in the future.

Once the court grants confirmation of mutual consent, the divorce becomes legally effective only upon filingthe divorce registration with an attached certified copy thereof. This registration can be completed by either spouse independently and must be finalized within three months. Notably, the intent to divorce can be withdrawn at any time prior to this filing. In other words, until the very last moment of finalizing the divorce, the door to reconciliation remains open.

■ In Conclusion – Preparing for a New Beginning Beyond Goodbye
Divorce is not the end, but a new departure. To ensure that this departure is not followed by regret, the choices made must be well-prepared. An uncontested divorce is a system meant to help the parties involved organize their lives in a responsible manner. The cooling-off period is at the heart of this system.

The cooling-off period is not meant to bring the marital relationship to a halt, but to offer a short pause to reflect on whether reconciliation is possible. Even if the couple ultimately chooses separation, if they can settle their emotions, reshape their children’s lives, and thoughtfully design their own future through this period, the wait is never in vain. A separation that is not rushed can become the beginning of a more mature life.

For further details, please refer to the original article below.

Original article:
Today News
https://www.ntoday.kr/news/articleView.html?idxno=117551