To get a divorce by agreement

a couple must go to the family court and have a guidance on divorce and then will get the court's confirmation three months after the date of the guidance if they have any child to take care of, including an unborn child, or one month after the date of the guidance if having no child. During this waiting period, the court, if necessary, may recommend the couple to take counseling from a professional counselor with expertise and experiences in counseling. At the time of confirmation, a couple must go to the family court together and submit an application form for the confirmation of intention to divorce and an agreement, or an original copy of adjudication of the family court, on child custody and child support, if there is any child involved. There should be attached each party's certificate of family registry, 1 certificate of marriage registry, and 3 copies of divorce report. After the process of confirmation, one should file an attested copy of the confirmation within three months of the issuance with a city, town or township office. If not filed within three months, the confirmation becomes invalid.

In case of urgency of divorce by agreement,

the consideration period stated as above may be shortened or exempted. Urgent circumstances to proceed with a divorce mean such a case where there is the likelihood of the party￠®?s unbearable suffering due to domestic violence.

The Content of an agreement on a divorce

must include an agreement, or an original copy of adjudication of the family court, on custody and support if there is any child to take care of, which must set forth a decision on a custodial parent, child support, and visitation rights and methods thereof. If the parties' agreement is against the child's welfare, the court may order an amendment to the agreement or, at its discretion, make decisions considering the child's intention and age, each parent￠®?s financial status and other circumstances.

Judicial Divorce

may be filed by either a husband or a wife when failing to reach an agreement or not knowing the other spouse's whereabouts. This kind of divorce is effected through either mediation or adjudication. The grounds for judicial divorce are:

1. an act of unchastity by the other spouse
2. a malicious desertion by the other spouse
3. extreme maltreatment by the other spouse or a lineal ascendant of the other spouse
4. extreme maltreatment by the other spouse of one spouse￠®?s lineal ascendant
5. the life or death of the other spouse unknown for more than three years; or
6. the existence of any other serious reason that makes the continuation of marriage life difficult.

Divorce due to a spouse's unchastity

cannot be filed six months after knowing that act or two years after the act is committed. When a spouse has forgiven the other spouse for the act and there is no reoccurrence of the act, filing for judicial divorce is not permissible on account of the very act. And a charge for adultery must be pressed against both the other spouse and a third party at the time of filing for divorce. However, filing an action for damages against a third party is permitted regardless of whether a divorce has been filed.

A spouse's malicious desertion

constitutes a reason for judicial divorce. A married couple has the obligation to support and aid each other and live together, and thus, if a spouse leaves home evading such obligation or deserts the other with no reasonable cause, it can be a ground for judicial divorce. Though a spouse has been away from home, however, it does not automatically result in a divorce; it can simply constitute a ground for judicial divorce. Extreme maltreatment by a spouse or a spouse's lineal ascendants is one of the causes for judicial divorce. Extreme maltreatment means physical, mental abuse, insult on integrity and consists of acts of physical and/or verbal violence, confinement, property damage, and the like.

Other serious reasons that make the continuation of marriage life difficult

include financial conflicts, debts, extravagance, extreme prodigality, gambling, addictions, etc., which make a marriage life so irreparably broken down that the continuation of the marriage life would cause unbearable pain on the other spouse.

The division of property acquired during marriage at divorce

may be resolved by the parties agreement regardless of who has title. When an agreement is not made, at either party request, the family court determines the amount and method of division, considering each party's extent of contribution to the acquisition of the property. A request for property division must be filed within two years from the date of divorce. And when one spouse disposed of property in an attempt to prevent the exercise of the other right to property division, the other spouse may file a lawsuit demanding a revocation of the act and a recovery of the property with the family court.

Damages at divorce

may be claimed by a spouse who suffers emotional distress against the other spouse whose fault has caused the divorce. An action for compensation for emotional distress may also be filed against a third party who has caused a divorce.

Child custody issues

may be decided by the parties agreement or by the family court order when, failing to agree, one party files a request. The family court may designate or change a person with legal and/or physical custody at a party's request or at its discretion. And in a case of judicial divorce, the court may at its discretion make a decision on child legal and/or physical custody, even without a party's request.

Child support issues

may be requested to be resolved by a parent with physical custody if an agreement on child support has not been made or cannot be made. Child support claims can be made before a child turns 20 years old, and claims for past expenses are also allowed. Either parent can request a modification of an agreement on child support under changed circumstances. When a parent does not follow an order to pay child support, the other parent may request the family court for the enforcement of the order, a violation of which may lead to penalties and/or a confinement for contempt of court. A party receiving child support may request the court to withhold the other property or income for child support.

Visitation

is given to a father or a mother without physical custody, which allows the non-custodian parent to visit or communicate by phone, mail, email or the like, with their child. However, visitation rights can be limited or denied if they are likely to be exercised against the child's welfare, such as hindering the child's education. Visitation rights may be given to a child as well as parents.