Divorce preparation documents: differences between divorce by agreement, divorce by mediation, and judicial divorce

Divorce is often decided when emotions are at their most intense, but starting without preparation can put you at a disadvantage against the other spouse in property division or custody. People weigh every detail of a wedding, down to the date, venue, and food, yet often begin a divorce, which is far weightier, without even having their documents in order. Here we outline how to choose the divorce method that fits your situation and the order in which to prepare the necessary documents.

Reasons for divorce differ from person to person

It would be nice if married life went as smoothly as a fairy tale, but in reality there are many variables. A change of heart is one of them. Reasons for divorce vary widely: a spouse's infidelity, violence, conflict with in-laws, differences in how to raise children, financial conflict, inability to communicate, things learned only after living together, and differences in personality.

Just as you decide carefully to marry, you must also be careful about divorce. Divorce is a hard reality, and it involves the rest of your life and the new life you will begin. If you now need or want a divorce, you should first gather the documents that fit your circumstances so that you will not regret your decision and can start your next chapter.

Divorce by agreement, divorce by mediation, and judicial divorce at a glance

There are broadly three ways to part from your spouse: divorce by agreement, divorce by mediation, and judicial divorce. Many people avoid judicial divorce because of the burden of litigation and the long time it takes, and so think first of divorce by agreement or divorce by mediation. However, no divorce is simply easy. Choosing the method that fits your situation is the best way to minimize the burden.

Depending on the divorce method, it is decided whether the result has legal effect and whether you can contest key issues such as property and custody. You should first look at your situation and then decide on the method.

Documents needed when preparing a divorce with legal effect

If you are preparing for divorce by mediation or judicial divorce, you will need the following documents.

• Basic certificate
• Family relation certificate
• Copy of resident registration
• Marriage relation certificate
• Children's basic certificates
• Pre-filing status statement
• Evidence showing the grounds for divorce
• Other supporting materials

If you want to properly decide parental authority and custody of minor children and property division, we recommend divorce by mediation or judicial divorce. Beyond the documents above, more documents may be needed as the procedure goes on. In a judicial divorce, it is good to secure a favorable position early.

Judicial divorce requires fault on the other spouse's part

To obtain a judicial divorce, there must be grounds for judicial divorce as set out in the Civil Act.

1. When the spouse has committed an unchaste act
2. When the spouse has maliciously deserted the other
3. When you have been seriously mistreated by the spouse or the spouse's lineal ascendants
4. When your lineal ascendants have been seriously mistreated by the spouse
5. When it has been unclear for more than 3 years whether the spouse is alive or dead
6. When there are other serious reasons that make it difficult to continue the marriage

These grounds must be supported by objective evidence. Depending on the situation, text messages, KakaoTalk conversations, dashcam footage, call recordings, medical certificates, and testimony from acquaintances are used as evidence. However, be sure to remember that you must not collect evidence by illegal means.

Preparing for divorce requires a response suited to each procedure

Each divorce procedure has its own documents, and each stage has its own appropriate response. Preparing with an attorney familiar with divorce cases from the start can save you time and money. If you have questions about divorce litigation, custody, consolation money, property division, the divorce mediation procedure, the divorce mediation application, or divorce costs, you can check them against your own circumstances in a consultation.

In summary

• Divorce by agreement is simple, but some parts of the agreement are not protected, while divorce by mediation and judicial divorce have legal effect.
• To properly decide parental authority, custody, and property division, prepare for divorce by mediation or judicial divorce and the matching documents.
• A judicial divorce must be supported by evidence of the statutory grounds for divorce, collected lawfully.

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Last reviewed: 2026-10-19 This article provides general legal information; specific advice is given through consultation.