My Korean husband agreed to the divorce, we did the waiting period, and then at the family court he said "no" — can he just do that, and what now?

He can do that; divorce by agreement (협의이혼, hyeobui ihon) requires both spouses' intention to divorce on the confirmation day, and either can withdraw up to that moment. Your written agreement does not substitute for his consent to the divorce itself. But "can't force him" is wrong. A spouse who agrees to divorce, lives separately for months, and then reverses at the counter has handed you the facts for a judicial divorce — and a Korean court does not require him to have "done something wrong" in the sense you mean. You are not simply married again; you are married to a man who has documented that the marriage is over and that he is keeping you in it.

What happened at the counter

Under Article 836-2 of the Civil Act, the family court confirms an agreement divorce only when both spouses, in person, confirm their intention after the cooling-off period (숙려기간, sungnyeo gigan). Withdrawal of intention by either spouse ends the process; the court does not inquire into motive. The property agreement between you, as a contract, may still have effect as evidence of what was agreed and, depending on its wording, as an agreement on property division (재산분할, jaesan bunhal) to be given effect in a later divorce — but it cannot make him divorced.

Can you divorce in Korea, and under which law

Yes. Jurisdiction under Article 56 of the Act on Private International Law (국제사법, gukje sabeop) is satisfied by your residence in Korea and his Korean nationality; Korean law applies under Article 66. The route is now judicial divorce (재판상 이혼, jaepansang ihon), which begins with mandatory mediation (조정, jojeong) and proceeds to trial if that fails.

The ground

Article 840 of the Civil Act lists six grounds. The sixth — any other serious reason making it difficult to continue the marriage — is the one for you. Korean courts apply it to marriages that have broken down in fact: separation, a shared and documented intention to divorce, the end of any marital relationship. A husband who filed for agreement divorce, waited a month, and then withdrew has himself created the strongest evidence of breakdown that exists — a court record of his intention to divorce. His reversal does not undo the breakdown; it demonstrates that he is using the marriage for a purpose other than marriage.

Korea's fault orientation cuts in your favor here. Courts are reluctant to grant a divorce to the spouse mainly responsible for the breakdown, which means the question is whether you are that spouse. On what you describe — a mutual decision, a filed agreement, and his unilateral reversal — you are not.

Children, property and support

No children. Your written property agreement should be pleaded; a court will generally respect a fair agreement made between spouses contemplating divorce. Consolation money (위자료, wijaryo) is available where the other spouse's conduct caused the breakdown; keeping a spouse in a marriage she has been led to prepare to leave can be argued as such conduct, though awards in cases without violence or infidelity are modest.

Timing and service

He is in Korea; service is domestic. Mediation may be scheduled within a couple of months of filing; a contested trial after that runs longer. Some husbands who withdraw at the counter reconsider at mediation once the alternative is a judgment recording their conduct.

What this means for your stay in Korea

Your F-6 continues; you remain married, and nothing about his withdrawal changes your status. What has changed is your timeline: your visa now depends on a marriage he has chosen to prolong, and the eventual divorce judgment — rather than an agreement — will be the document immigration sees. Immigration rules provide separately for a foreign spouse whose marriage ended through the Korean spouse's fault (귀책사유, gwichaek sayu); a judgment recording his conduct is relevant to that review, which is decided by the Immigration Office, not the court. Your lease and employment plans should be revisited with that longer timeline; do not leave Korea for extended periods mid-case. MEGA X handles the divorce; where the result affects your stay, we coordinate with an immigration specialist as part of the case.

What to do now, and what not to do

Do not agree to "try again" with the counter procedure unless there is a reason to believe his second confirmation would be different from his first; a second withdrawal costs another month. Do secure everything from the first attempt — the application, the court's confirmation date notice, the written agreement, and any messages about the split — as evidence of his intention. Do preserve his "changed my mind" and "can't force you" messages. Reverse your lease notice if you can; a stable address matters for the case.

Practical insight

Withdrawals at the counter are usually about leverage — money, the visa, or simply control — and the spouse who withdraws tends to expect the other to give up or to negotiate down. The filing for judicial divorce is what changes that calculation, because it removes his veto. The second point is the written agreement: many foreign spouses treat it as void once the counter process fails. It is not void; it is Exhibit A.

Send us the court notice, the agreement and his messages and we can tell you how the judicial petition should be framed — by text consultation or at +82-2-522-3959.

— MEGA X Law Firm Korea, International Family Law Team