My Korean husband refuses to sign the divorce papers — can I still get divorced in Korea on an F-6 visa?

His signature is not required. Korea has two divorce routes, and the one that needs both spouses at the family court is only one of them. If your husband refuses to agree, you can file for a judicial divorce (재판상 이혼, jaepansang ihon), and the fact that you live in Korea is enough for a Korean court to hear the case. Filing does not cancel your visa. Your stay is a separate question decided by the Immigration Office, not by your husband, and he cannot "call and cancel" an F-6 because you went to court.

Can you divorce in Korea, and under which law

Two things have to line up: jurisdiction and applicable law.

Jurisdiction comes from Article 56 of the Act on Private International Law (국제사법, gukje sabeop), which gives Korean courts international jurisdiction over matrimonial cases where, among other grounds, one spouse has habitual residence in Korea, or one spouse is a Korean national who habitually resides here. Both apply to you. You do not need his consent for the court to take the case.

Applicable law is set by Article 66 of the same Act, which follows the rules for marital effects: the spouses' common national law first, then their common habitual residence, then the place most closely connected. Where one spouse is a Korean national habitually residing in Korea, Korean law applies. So your divorce will be decided under the Korean Civil Act, not American law, even though you are American.

Which route: agreement, mediation, litigation

Divorce by agreement (협의이혼, hyeobui ihon) requires both spouses to appear at the family court and complete a cooling-off period (숙려기간, sungnyeo gigan) — one month, or three months if there are minor children. Foreign nationals can use this route, but not without a willing spouse. Your friend was describing this and assuming it was the only option.

Judicial divorce is filed by one spouse. The grounds are in Article 840 of the Civil Act: adultery, malicious desertion, extreme mistreatment by the spouse or the spouse's parents, three years' unknown whereabouts, and a catch-all — "any other serious reason that makes it difficult to continue the marriage." Long separation inside the same home, refusal to communicate, and a marriage that has functionally ended are argued under that last ground more often than people expect.

One difference from many US states: Korea is not a pure no-fault system. Courts generally will not grant a divorce to the spouse who is primarily responsible for the breakdown. That rule works in your favor here, because it is the person seeking to keep a dead marriage alive who has to explain why.

Before trial, the case goes to mandatory mediation (조정, jojeong) under the Family Litigation Act. A surprising share of "he will never agree" cases settle at this stage, because the mediator lays out what a judgment would likely look like. If he does not appear or refuses, mediation fails and the case proceeds to trial.

Children, property and support

Property division (재산분할, jaesan bunhal) covers assets built during the marriage, regardless of whose name they are in, and must be claimed within two years of divorce. Consolation money (위자료, wijaryo) is separate and depends on fault. If there are children, custody (양육권, yangyukgwon), child support and visitation (면접교섭, myeonjeop gyoseop) are decided together with the divorce. Korean courts weigh the child's welfare, not the parent's nationality.

Your spouse won't cooperate: service and timing

Because he is in Korea, service is domestic. If he refuses to accept the papers, the court can use substitute service, and as a last resort service by public notice (공시송달, gongsi songdal). Refusal delays things; it does not stop them. A contested case with mediation and trial commonly takes around a year, sometimes longer if he fights every step.

What this means for your stay in Korea

An F-6 is tied to the marriage, so a divorce judgment matters. Immigration rules provide separate treatment for a foreign spouse whose marriage ended through the Korean spouse's fault (귀책사유, gwichaek sayu), and for a parent raising a Korean child. The court's written reasoning is usually the key document in that review. Those outcomes are decided by the Immigration Office, not the court, and we do not predict them here. What we can say: filing a divorce does not by itself end your status, and while the case is pending you generally remain in status. Avoid long absences from Korea mid-case, both for habitual residence and for immigration reasons. MEGA X handles the divorce; where the result affects your stay, we coordinate with an immigration specialist as part of the case.

Practical insight

Three things decide these cases more than the law itself. First, evidence collected before filing — message histories, dates of separation, financial records. Once you file, cooperation ends. Second, treating the mediation session as a formality; it is often where the real negotiation happens. Third, forgetting the home-country side: a Korean judgment will need a certified translation and apostille for anything you do later in the US, and nobody will remind you.

Your husband's plan depends on you believing him. A short review of your situation — which we can do remotely, or by text consultation or at +82-2-522-3959 — will tell you where you actually stand.

— MEGA X Law Firm Korea, International Family Law Team