Short answer. Yes, in almost every case. A judicial divorce is a Type B (나류) family litigation case, and Article 50 of the Family Litigation Act requires you to apply for mediation before you sue. If you file the suit without applying, the court must refer the case to mediation itself, so skipping the step does not save time.
What Article 50 actually requires
Article 50(1) applies to Type B and Type C family litigation cases and Type D family non-contentious cases. A contested divorce is a Type B case, so a person who wants to bring it must first apply for mediation.
Article 50(2) closes the gap: where a person files the suit without applying for mediation, the family court must refer the case to mediation. This is why filing straight to trial does not move you forward. The same step happens, only later and with a wasted filing.
Family Litigation Act, Article 50. Act No. 20432, in force from 1 January 2026.
The exception that matters most to foreign residents
The proviso to Article 50(2) lets the court decline to refer in two situations: where one or both parties cannot be summoned except by service by public notice, and where the court finds that mediation could not succeed even if referred.
For a spouse who has left Korea and cannot be reached, that proviso is the route to a hearing without a mediation stage. It is a finding the court makes, not a box you tick, so it has to be supported by what the file shows about attempts to serve.
What this is not
Mediation under Article 50 is not the cooling-off period that applies to divorce by agreement, and it is not counselling. It is a court procedure before a mediation panel or a mediation judge, and what is agreed there is recorded in the court file.
If you are asking how long the whole process takes rather than what the stages are, the timing answer is separate.
What to do
- Apply for mediation at the family court that has jurisdiction rather than filing the suit first.
- Bring the financial documents to the first mediation date. Property division is usually what stalls it.
- If your spouse is outside Korea and cannot be served, say so in the application and put the evidence of that in the file.
- Do not treat mediation as a formality. What you agree there has the force of a court settlement.
Related
Which family court do I file for divorce in Korea?
What happens if divorce mediation fails in Korea?
Is a mediated divorce as binding as a judgment in Korea?
How long does a divorce take in Korea?
Divorce and family law answers
All Korean law answers
Full guide: Divorce in Korea for foreigners
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.
Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 13 September 2026.